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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
30 Jan 2012 v2.5
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Clause 1(14)
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Tenants Chattels: The Tenants items of personal property.
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Clause 8.3
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If the Tenant fails to remove the Tenants Chattels as required by Clause 8.2 the Landlord may:
(a)
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remove and store the Tenants Chattels at the Tenants risk and expense; or
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(b)
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treat the Tenants Chattels as if the Tenant had abandoned its interest in it and the Tenants Chattels has become the Landlords property and may deal with it as the Landlord thinks fit without being liable to account to the Tenant.
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Clause 15
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The Tenant is not entitled to deal with the Lease or other assets of the business on, in or from the leased Premises by way of security without first having obtained the Landlords consent, which consent, is at the sole discretion of the Landlord and may be granted upon such terms and conditions as the Landlord considers reasonable.
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24 Aug 2011 v2.4
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Item 14
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Interest charged: Yes __ No __ Interest Rate:
..
..% per annum.
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Clause 27
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27.1
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Any monies payable under this Lease Contract, (or any judgment given in respect of this Lease Contract) not paid when due will attract Interest from the due date for payment, to the date of payment at the rate prescribed in Item (13). If no rate is prescribed, the rate will be equivalent to the Lessors bank overdraft rate plus 2%.
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27.2
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Interest due will not be payable until notice is given to the Lessee by the Lessor in respect to monies owed.
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Note (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 1990 in which case this document will form a schedule to the Land & Property Information NSW Management Authority (LPI) Lease Form 07L.
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09 May 2011 v2.3
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Item 7
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Rent Payable year one: $
..
including / excluding / plus GST per annum
$
payable weekly / fortnightly / monthly / quarterly in advance on the:
.............
.
Other Information:
.....................
Rent Review Type: CPI/Other (if other, see Special Conditions)
Date of Initial Rent Review:..
..
.
And thereafter:
.
.
..(e.g. annually).
Payable:
(a) __ as directed from time to time by the Landlord or the Landlords Agent; or
(b) __ into the following account:
Bank:
............... Branch:
...
BSB:
.....
Account Name: ......................................................... Account Number:
..
.
..
, or any other account nominated by the Landlord.
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Item 10.2
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Option Details:
(1) Term:
....................
(2) Rental Yr one: Tick ONE only
__ Market Review (see clause 5.4) __ Other (e.g. CPI)(insert as a Special Condition)
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Item 10.3
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Period in which to exercise the option: (If no period is specified, notice shall be given no more than 6 and no less than 3 months from the date of expiry of the term.)
................................................................................................................................................
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Clause 22.1
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Time shall be of the essence regarding the carrying out of either partys obligations under this Agreement. in connection with the Tenants responsibilities to pay money.
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Clause 29
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The parties agree and confirm documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
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Clause 30
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Should any court or tribunal of competent jurisdiction determine any term, provision or obligation of this Agreement to be void, illegal or unenforceable by law, that term, provision or obligation must be read down to the extent possible or removed from the Agreement and whilst keeping the operation of the remainder of the Lease in effect.
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01 Jan 2011 v2.2
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Item 7
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Rent Payable year one: $
..
including / excluding / plus GST per annum
$
payable weekly / fortnightly / monthly / quarterly in advance on the:
.
Other Information:
........
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Clause 1(3)
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Business Day: Any day other than a Saturday, Sunday or public holiday under the Public Holidays Act 2010 or bank holiday in the State of New South Wales.
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01 Nov 2010 v2.1
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Item 7
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Initial Rent Payable year one: $
..
including / excluding / plus GST per annum
$
payable weekly / fortnightly / monthly in advance on the:
.
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Clause 12.5
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In the case of any dispute arising under Clause 12, the same shall be referred to arbitration under the provisions of the Commercial Arbitration Act 2010.
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Clause 29
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The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
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24 Aug 2010 v2.0
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Clause 1(3)
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Business Day: Any day other than a Saturday, Sunday, or public holiday or bank holiday in the State of New South Wales.
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Clause 1(6)
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Consumer Price Index (CPI): is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Statistician.which is a government-issued index of the retail prices of basic household goods and services published by the Australian Bureau of Statistics.
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Note (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 1990 in which case this document will form a schedule to the Land & Property Management Authority (LPMA) Department of Lands Lease Form 07L.
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23 Apr 2010 v1.9
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Clause 8.1(19)
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carry on its business in a fit and proper manner during the term of the Lease or any extension.
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Clause 29
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By signing this Agreement all parties acknowledge agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related documents, for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
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03 Sept 2009 v1.8
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Item 16
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Executed in accordance with Section 127 of the Corporations Act 2001.
Director:
........
Print Name:
........
Date:
../
../
..
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Director/Secretary:
.
Print Name:
........
Date:
../
../
..
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Director:
........
Print Name:
........
Date:
../
../
..
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Director/Secretary:
.
Print Name:
........
Date:
../
../
..
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Director:
........
Print Name:
........
Date:
../
../
..
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Director/Secretary:
.
Print Name:
........
Date:
../
../
..
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Clause 29
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By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
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17 Nov 2008 v1.7
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Header
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Commercial Lease Agreement
(Where the Lease is for a Lease Term of 3 years or less)
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Note (1)
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This Agreement is not suitable, nor intended to be used for leases: under the Residential Tenancy Act 1987 and/ or the Retail Leases Act 1994
(b)
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in excess of 3 years without modification
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Note (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 1990 in which case this document will form a schedule to the Department of Lands Lease Form 07L.
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31 July 2008 v1.6
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Item 5
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(1) Name: .......................................................................................................
Address: .................................................................. ACN: ............................
................................................................................ ABN: ............................
Phone: ............................ Fax: ............................ Mobile: ............................
Email: ............................................................................................................
(2) Name: .......................................................................................................
Address: .................................................................. ACN: ............................
................................................................................ ABN: ............................
Phone: ............................ Fax: ............................ Mobile: ............................
Email: ............................................................................................................
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Item 11
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TENANTS Insurance
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Clause 1(14)
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Valuer: a Valuer registered in accordance with the provisions of the Valuers Act 2003 and the Valuers Regulation 2005 and who is able to carry out rental determinations as may be required under this Agreement.
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Clause 5.4(e)
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once determined, the rental for the future term will be payable from the commencement date of the new term.
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Clause 8.1(13)
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maintain public liability insurance in accordance with Item (11) of the Item Schedule. the sum of 10 million dollars.
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Clause 11
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11.1
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If during the Lease Term the Lessor determines to register a Strata Plan in relation to, or affecting the Retail Shop, the Lessee will consent if requested by the Lessor to the Strata Plan.
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11.2
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Subsequent to registration of the Strata Plan, compliance by the Lessor with the Strata Plan will not amount to default by the Lessor under this Lease Contract.
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11.3
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The Lessee will comply with by-laws except in so far as such compliance would be contrary to the terms of this Lease Contract.
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11.4
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If required by the Lessor the Lessee will, at the cost of the Lessor, surrender the existing Lease Contract and enter into a new lease contract on the same Terms and Conditions as this Lease Contract save as follows:
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(1)
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the new Lease Contract shall commence from the date of surrender and terminate on the date this Lease Contract would have otherwise expired.
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(2)
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the provisions of the Lease Contract will be altered to the extent necessary to enable compliance with the Strata Plan.
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(3)
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Outgoings will include levies payable by the Lessor in accordance with the Strata Plan.
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01 Apr 2008 v1.5
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Clause 5.4(e)
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once determined, the rental for the future term will be payable from the commencement date of the new term.
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05 Oct 2007 v1.4
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Item 8
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Bank Guarantee / Security Bond payable by the Tenant: $......................... or equivalent to
months rent.
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Clause 15
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15.1
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The Tenant must:
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(a)
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give to the Landlord a Security Bond in the amount provided for in Item (8); or
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(b)
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arrange for the issue of an unconditional bank guarantee, in favour of the Landlord
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for the purpose of securing the performance by the Tenant of its obligations under this Agreement.
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15.2
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On the sale or the transfer of the Building the Landlord may assign the Security Bond to the purchaser and upon notifying the Tenant the Landlord will be released from all obligations in relation to the Security Bond. Where the bank guarantee is not assignable the Tenant will cause a replacement guarantee to be issued in favour of the purchaser.
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15.3
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The Landlord may apply the Tenants Security Bond as compensation for any loss or damage incurred or sustained by the Landlord due to the Tenants failure to comply with any of its obligations under this Agreement.
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15.4
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The Landlords exercise of its rights with respect to the Security Bond do not prejudice any other rights of the Landlord arising from a breach of the terms of the Agreement.
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15.5
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The Landlord will at the end of the Lease Term or any extension of the Lease Term cause to be released, subject to any unsatisfied claim under Clause 15.3, the Security Bond to the Tenant.
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15.6
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The amount of the Security Bond shall be adjusted in each year of the lease, subsequent to the first year, by using the same method as that used for Rent Reviews.
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21 May 2007 v1.3
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Item 2
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Company Name: .................................................................................
Trading As: .........................................................................................
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Item 3
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Company Name: .................................................................................
Trading As: .........................................................................................
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27 Apr 2007 v1.2
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Surrender of Lease
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The Tenant having requested the Landlord accept a surrender of this Lease In consideration of the sum of $___________ , receipt of which hereby acknowledged, the Landlord accepts a surrender of the Lease and the Tenant surrenders all the Tenants estate and interest in to the Landlord the Lease and the Landlord accepts a surrender of the Lease such that for the residue of the unexpired term to the intent that the leasehold estate will merge to be extinguished in the freehold reversion and be extinguished on the signing of this surrender.
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13 Feb 2007 v1.1
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Item 5
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Name: ............................................................................................................
Address: .................................................................. ACN: ............................
................................................................................ ABN: ............................
Phone: ............................ Fax: ............................ Mobile: ............................
Email: ............................................................................................................
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