General Lease and Sublease Form.

This lease, made _________[year], between _________ and _________, respectively lessor and lessee, without regard to number or gender.

Witnesses: That lessor hereby leases unto lessee, and lessee hereby hires from lessor, those certain premises known as _________, on the _________ floor of that certain building known as _________, in the city of _________, county of _________, state of _________.

The premises shall be used as _________ and for no other business or purpose, without the written consent of lessor.

The term shall be for _________ years, commencing on the _________ day of _________[year], and ending on the _________ day of _________[year], at the total rent or sum of $_____, lawful money of the United States of America, which lessee agrees to pay to lessor, without deduction or offset, at such place in the state of _________ as may be designated from time to time by lessor, in installments as follows: _________.

It is further mutually agreed between the parties as follows:

1. If lessor, for any reason cannot deliver possession of the premises to lessee at the commencement of the term, as herein specified, this lease shall not be void or voidable, nor shall lessor be liable to lessee for any loss or damage resulting therefrom; but in that event there shall be a proportionate deduction of rent covering the period between the commencement of the term and the time when lessor can deliver possession.

2. Lessee shall not use, or permit premises, or any part thereof, to be used, for any purpose or purposes other than the purpose or purposes for which the premises are hereby leased; and no use shall be made or permitted to be made of the premises, nor acts done, which will increase the existing rate of insurance upon the building in which premises may be located, or cause a cancellation of any insurance policy covering the building, or any part thereof, nor shall lessee sell, or permit to be kept, used, or sold, in or about premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit, or suffer to be committed, any waste upon the premises, or any public or private nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the demised premises may be located, nor, without limiting the generality of the foregoing, shall lessee allow premises to be used for any improper, immoral, unlawful or objectionable purpose, or for the selling of intoxicating liquors, or for any kind of eating house, or for sleeping purposes, or for washing clothes, or cooking therein, and nothing shall be prepared, manufactured or mixed in premises which might emit an odor in the corridors of the building, nor shall lessee use any apparatus, machinery or device in or about the demised premises which shall make any noise or set up any vibration or which shall in any way increase the amount of electricity, water or compressed air agreed to be furnished or supplied under this lease (if any), and lessee further agrees not to connect with electric wires, water or air pipes, any apparatus, machinery or device without the consent of lessor. Lessee shall, at lessee's sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force, pertaining to the premises, and shall faithfully observe in the use of the premises all municipal ordinances and state and federal statutes now in force or which may hereafter be in force.

3. Lessee shall not vacate or abandon the premises at any time during the term; and if lessee shall abandon, vacate or surrender premises, or be dispossessed by process of law, or otherwise, any personal property belonging to lessee and left on the premises shall be deemed to be abandoned, at the option of lessor, except such property as may be mortgaged to lessor.

4. Lessee agrees that the premises are now in a tenantable and good condition; that lessee shall take good care of the premises and they shall not be altered, repaired or changed without the written consent of lessor, lessee hereby waiving all right to make repairs at lessor's expense, under the provisions of Section _________ of the Civil Code of _________; and that, unless otherwise provided by written agreement, all alterations, improvements and changes that may be required shall be done either by or under the direction of lessor, but at the cost of lessee; and shall be the property of lessor, and shall remain upon and be surrendered with the premises, excepting, however, that at lessor's option, lessee shall, at lessee's expense, when surrendering the premises, remove from premises and the building, all partitions, counters, railings, etc., installed in premises by lessee; that all damage or injury done to the premises by lessee, or by any person who may be in or upon the premises with the consent of lessee, shall be paid for by lessee; and that lessee shall, at the termination of this lease, surrender the premises to lessor in as good condition and repair as reasonable and proper use thereof will permit.

5. Lessee, as a material part of the consideration to be rendered to lessor under this lease, hereby waives all claims against lessor for damages to goods, wares and merchandise, in, upon or about the premises and for injuries to persons in or about premises, from any cause arising at any time, and lessee will hold lessor exempt and harmless for and on account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the premises by lessee, or arising from the failure of lessee to keep the premises in good condition as herein provided. Lessor shall not be liable to lessee for any damage by or from any act or negligence of any cotenant or other occupant of the same building, or by any owner or occupant of adjoining or contiguous property. Lessee agrees to pay for all damage to the building, as well as all damage to tenants or occupants thereof caused by lessee's misuse or neglect of premises, its apparatus or appurtenances.

6. Lessee shall permit lessor and lessor's agents to enter into and upon premises at all reasonable times for the purpose of inspecting the same, cleaning windows and performing other janitor service, or for the purpose of maintaining the building in which the premises are situated, or for the purpose of making repairs, alterations or additions to any other portion of the building, including the erection of scaffolding, props, or other mechanical devices, or for the purpose of posting notices of nonliability for alterations, additions, or repairs, or for the purpose of placing upon the property in which the premises are located any usual or ordinary "for sale" signs, without any rebate of rent to lessee or damages for any loss of occupation or quiet enjoyment of the premises thereby occasioned; and shall permit lessor, at any time within 30 days prior to the expiration of this lease, to place upon the windows and doors of premises any usual or ordinary "to let" or "to lease" signs. Lessor and lessor's agents may, during the last mentioned period, at reasonable hours, enter upon premises and exhibit the same to prospective tenants.

7. Lessor agrees to furnish the demised premises during reasonable building hours as the same may be determined from time to time by the lessor, and while lessee is not in default under any of the provisions of this lease, and subject to the regulations of the building wherein the demised premises are situated, with _________, and lessee agrees to pay for all other services supplied to premises not enumerated in this paragraph. Lessor, however, shall not be liable for failure to furnish any of the foregoing when such failure is caused by conditions beyond the control of lessor, or by accidents, repairs, strikes, labor disturbances or labor disputes of any character, whether resulting from or caused by acts of lessor or otherwise, nor shall such failure constitute an eviction; nor shall lessor be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing.

8. In the event of a partial destruction of the premises during the stated term, from any cause, lessor shall forthwith repair the same, provided such repairs can be made within 60 days under the laws and regulations of state, county, federal or municipal authorities, but such partial destruction shall in nowise annul or void this lease, except that lessee shall be entitled to a proportionate deduction of rent while such repairs are being made, such proportionate deduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by lessee in the premises. If such repairs cannot be made in 60 days, lessor may make same within a reasonable time, this lease continuing in full force and effect and the rent to be proportionately rebated as provided in this paragraph. In the event that lessor does not elect to make such repairs which cannot be made in 60 days, or such repairs cannot be made under such laws and regulations, this lease may be terminated at the option of either party. In respect to any partial destruction which lessor is obligated to repair or may elect to repair under the terms of this paragraph, the provisions of Section _________, of the Civil Code of the state of _________ are waived by lessee. In the event that the building in which the demised premises may be situated be destroyed to the extent of not less than 331/3 percent of the replacement cost thereof, lessor may elect to terminate this lease, whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease. In the event of any dispute between lessor and lessee relative to the provisions of this paragraph, they shall each select an arbitrator, the two arbitrators so selected shall select a third arbitrator and the three arbitrators so selected shall hear and determine the controversy and their decision thereon shall be final and binding upon both lessor and lessee, who shall bear the cost of such arbitration equally between them.

9. Lessee shall not assign this lease, or any interest therein, and shall not sublet the premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of lessee excepted) to occupy or use the premises, or any portion thereof, without the written consent of lessor first had and obtained, and a consent to one assignment, subletting, occupation or use by any other person, shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting without such consent shall be void, and shall, at the option of lessor, terminate this lease. This lease shall not, nor shall any interest therein, be assignable, as to the interest of lessee, by operation of law, without the written consent of lessor.

10. Either (a) the appointment of a receiver to take possession of all or substantially all of the assets of lessee, or (b) a general assignment by lessee for the benefit of creditors, or (c) any action taken or suffered by lessee under any insolvency or bankruptcy act shall constitute a breach of this lease by lessee.

11. In the event of any breach of this lease by lessee, then lessor, besides other rights or remedies, shall have the immediate right of reentry and may remove all persons and property from the premises; such property may be removed and stored in any other place in the building in which the demised premises are situated, or in any other place, for the account of, and at the expense and at the risk of lessee. Lessee hereby waives all claims for damages which may be caused by the reentry of lessor and taking possession of the demised premises or removing or storing the furniture and property as herein provided, and will save lessor harmless from any loss, costs or damages occasioned lessor thereby, and no such reentry shall be considered or construed to be a forcible entry. Should lessor elect to reenter, as herein provided, or take possession pursuant to legal proceedings or pursuant to any notice provided for by law, lessor may either terminate this lease or may from time to time, without terminating this lease, relet premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as lessor may deem advisable, with the right to make alterations and repairs to premises. Rentals received by lessor from such reletting shall be applied: first, to the payment of any indebtedness, other than rent due hereunder from lessee to lessor; second, to the payment of rent due and unpaid hereunder; third, to the payment of any cost of such reletting; fourth, to the payment of the cost of any alterations and repairs to the premises; and the residue, if any, shall be held by lessor and applied in payment of future rent as the same may become due and payable hereunder. Should such rentals received from such reletting during any month be less than that agreed to be paid that month by lessee hereunder, then lessee shall pay such deficiency to lessor. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of premises by lessor shall be construed as an election to terminate this lease unless a written notice of such intention be given to lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, lessor may at any time thereafter elect to terminate this lease for such previous breach. Should lessor at any time terminate this lease for any breach, in addition to any other remedy, lessor may recover from lessee all damages lessor may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this lease for the remainder of the stated term over the then reasonable rental value of the premises for the remainder of the stated term.

12. The voluntary or other surrender of this lease by lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of lessor, terminate all or any existing subleases or subtenancies, or may, at the option of lessor, operate as an assignment to lessor of any or all such subleases or subtenancies.

13. In case suit shall be brought for an unlawful detainer of the premises, for the recovery of any rent due under the provisions of this lease, or because of the breach of any other covenant contained herein, on the part of lessee to be kept or performed, lessee shall pay to lessor a reasonable attorney's fee which shall be fixed by the court, and such attorney's fee shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.

14. All notices to be given to lessee may be given in writing personally or by depositing the same in the United States mail, postage prepaid, and addressed to lessee at the premises, whether or not lessee has departed from, abandoned or vacated the premises.

15. If any security be given by lessee to secure the faithful performance of all or any of the covenants of this lease on the part of lessee, lessor may transfer and/or deliver the security, as such, to the purchaser of the reversion, in the event that the reversion be sold, and thereupon lessor shall be discharged from any further liability in reference thereto.

16. The waiver by lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by lessor shall not be deemed to be a waiver of any preceding breach by lessee of any term, covenant or condition of this lease, other than the failure of lessee to pay the particular rental so accepted, regardless of lessor's knowledge of such preceding breach at the time of acceptance of such rent.

17. If lessee holds possession of the premises after the term of this lease, such lessee shall become a tenant from month to month upon the terms herein specified, but at a monthly rental of $_____ per month payable monthly in advance in lawful money of the United States as aforesaid, on the _________ day of each month, and shall continue to be such tenant until such tenancy shall be terminated by lessor, or until lessee shall have given to lessor a written notice at least one month prior to the date of termination of such monthly tenancy of lessee's intention to terminate such tenancy.

18. The rules and regulations printed on this lease, as well as such rules and regulations as may be hereafter adopted by lessor for the safety, care and cleanliness of the premises and the preservation of good order thereon, are hereby expressly made a part hereof, and lessee agrees to obey all such rules and regulations.

19. It is understood and agreed that the remedies herein given to lessor shall be cumulative, and the exercise of any one remedy by lessor shall not be to the exclusion of any other remedy.

20. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.

21. Time is of the essence of this lease.

In witness whereof, lessor and lessee have executed these presents in duplicate the day and year first above written.

_________, Lessor

_________, Lessee

Rules and Regulations Attached to and Made a Part of This Lease

1. Tenants, their employees or patrons, shall not loiter in the entrances or corridors, nor in any way obstruct the sidewalks, entry passages, halls, stairways and elevators, and shall use the same only as passageways and means of passage to and from their respective offices.

2. The sash doors, sashes, windows, glass doors, lights, and skylights that reflect or admit light into the halls or other places of the building shall not be covered or obstructed. The toilets and urinals shall not be used for any purposes other than those for which they were constructed, and no rubbish, newspapers or other substance of any kind shall be thrown into them. Waste and excessive or unusual use of water shall not be allowed. Tenants shall not mark, drive nails, screw or drill into, paint, nor in any way deface the walls, ceilings, partitions, floors, wood, stone or iron work. The expense of any breakage, stoppage or damage resulting from a violation of this rule shall be borne by tenant who has caused such breakage, stoppage or damage.

3. No sign, nor advertisement, nor notice, shall be inscribed, painted or fixed on or to any part of the outside or inside of the building, except it be of such color, size and style, and in such place upon or in the building, as may be designated by lessor. All signs on doors or window glass will be painted for tenants by lessor, but the cost of painting shall be paid by tenant.

4. Electric wiring of every kind shall be introduced and connected as directed by lessor and no boring nor cutting for wires will be allowed except with the consent of lessor. The location of telephones, call boxes, etc., shall be prescribed by lessor.

5. Lessor shall prescribe the weight, size and position of all safes and other property brought into the building, and also the times of moving the same in and out of the building; and all such moving must be done under the supervision of lessor. Lessor will not be responsible for any loss of or damage to any such safe or property from any cause; but all damage done to the building by moving or maintaining any such safe or property shall be repaired at the expense of tenant. All safes shall stand on timbers of such size as shall be designated by lessor.

6. No additional lock or locks shall be placed by tenants on any door in the building unless written consent of lessor shall have first been obtained. Two keys will be furnished by lessor for every room, and any additional key required must be obtained from lessor, $_____ for each key to be deposited by tenant; all keys shall be surrendered to lessor upon termination of the tenancy.

7. Tenants shall not employ any person or persons other than the janitor of lessor for the purpose of cleaning the leased premises without the consent of lessor. Lessor shall be in nowise responsible to any tenant for any loss of property from the leased premises, however occurring, or for any damage done to the effects of any tenant by the janitor or any other of lessor's employees, or by any other person. Janitor's service will not include the cleaning of carpets and rugs.

8. Tenants, their clerks or servants, shall not make or permit any improper noises in the building, nor smoke tobacco in the elevators, nor play musical instruments or radios, nor interfere in any way with other tenants or those having business with them. Tenants, their clerks or servants, shall not throw substances of any kind out of the windows or doors, nor down the passages or skylights of the building, nor sit, nor place anything upon the window sills, nor bring into or keep within the building any animal or bicycle, motorcycle or other vehicle.

9. All freight must be moved into, within and out of the building under the supervision of lessor, and according to such regulations as may be posted in the office of the building, but lessor will not be responsible for loss of or damage to such freight from any cause.

10. The requirements of tenants will be attended to only upon application at the office of the building. Employees shall not perform any work nor do anything outside of their regular duties unless under special instructions from the office, and no employee shall admit any person (tenant or otherwise) to any office without instructions from the office of the building.

11. No awnings allowed. One window shade is furnished each window by lessor and any additional window shade desired by tenant shall be put up at his expense and must be of such uniform shape, color, material and make as may be prescribed by lessor.

12. No physician, surgeon or dentist shall advertise business in any manner prohibited by the Code of Ethics of the American Medical Association.

13. Tenants shall not use the name _________ or any like phrase, as part of the name of any business or occupation carried on in the leased premises.

14. Ice, mineral water, towels and laundry shall be furnished to tenant only by such persons as may be satisfactory to lessor.

15. At any time while the building is in charge of a security guard, any person entering or leaving the building may be questioned by the security guard as to the person's business in the building; and anyone not satisfying the security guard of the person's right to enter the building may be excluded.

16. Lessor reserves the right to make such other and further rules and regulations as may from time to time be necessary for the safety and cleanliness of, and for the preservation of good order in the building.

 

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