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Commercial Lease Agreement

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Indicate the province or territory in which this lease is created. This determines the laws applicable to the agreement. In the case of a lease, this will be the province or territory in which the property being leased is located.

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COMMERCIAL LEASE
(Alberta)


This lease agreement is signed on ___________________ (date) and is between ________, (hereinafter referred to as the "Landlord") and ________ (hereinafter referred to as the "Tenant"). The parties agree as follows:



1. LEASED PREMISES. The Landlord leases to the Tenant the following property (hereinafter referred to as the "Premises"):

________

The Premises are located at the following address:

________

The Premises represent an area of ________ (________) square feet.



2. TERM. The term of the lease will begin on the date of ________ at 12:01 and will end at 23:59 on the last day of the month after either the Tenant or the Landlord give at least one-month notice to terminate the lease.

The Tenant must notify Landlord in advance of any anticipated extended absence from the Premises.



3. RENT. The Tenant will pay to the Landlord monthly instalments of $________ (________ dollars), which equates to $ ________ per square foot.

The rent will increase ________% (________ percent) on an annual basis.

The rent is payable on or before the 1st (first) of each month.

Rent payments must be made to the Landlord at the following address:

________

The Landlord may change the address at which the payments are made by giving written notice to the Tenant.



4. SECURITY DEPOSIT. The Tenant will not pay to the Landlord any security deposit at the signing of the lease.

Nonetheless, the Tenant will be liable to the Landlord at the expiration or termination of this lease for all damages to the Property, except ordinary wear and tear.



5. POSSESSION. The Tenant will be entitled to possession on the first day of the term of this lease, and will yield possession to the Landlord on the last day of the term of this lease, unless both parties agree in writing to otherwise. At the end of the lease term, the Tenant shall remove all goods and effects and peaceably return the Premises in as good a condition as when first delivered to the Tenant, excepted ordinary wear and tear that occurred during the Tenant's possession of the property.



6. EXCLUSIVITY. The Landlord may not directly or indirectly, through any agent, employee, or other representative, lease any space within the property (except the Premises described by this lease), or permit the use or occupancy of any such space whose primary business activity is in, or may result in, competition with the Tenant's primary business activity without an express agreement in writing signed by both parties. The Landlord hereby gives the Tenant the exclusive right to conduct their primary business activity on the property.



7. PARKING. The Tenant will be entitled to use ________ parking spaces for the parking of the Tenant's patrons' motor vehicles.



8. STORAGE. The Tenant will be permitted to store items of personal property at the Premises during the term of this lease. The Landlord will not be held liable for any loss of or damage to these stored items.



9. PROPERTY INSURANCE. The Landlord and the Tenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. The Tenant's insurance must be an amount not less than $________ (________ dollars). The Landlord must be named as an additional insured party on any and all such policies. The Tenant shall deliver evidence to the Landlord as proof of adequate insurance in force issued by companies reasonably satisfactory to the Landlord. The Landlord will receive advance written notice from the insurer prior to any termination of such policies. The Tenant shall also maintain any other insurance which the Landlord reasonably requires for the protection of the Landlord's interest in the Premises. The Tenant is responsible for maintaining property insurance on its own property.



10. LIABILITY INSURANCE. The Tenant shall maintain liability insurance on the Premises in an amount not less than $________ (________ dollars). The Tenant shall deliver evidence to the Landlord as proof that sufficient insurance is in force and issued by companies reasonably satisfactory to the Landlord. The Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies.



11. MAINTENANCE. The Landlord shall maintain the Premises in good repair at all times during the term of this lease.



12. UTILITIES. The Landlord will be responsible for paying for and maintaining provision of all utilities under this lease.



13. TAXES. Taxes related to the Premises or its use shall be allocated in the following way:

a) Real Estate Taxes. The Landlord shall pay all real estate taxes and assessments for the Premises.

b) Personal Taxes. The Landlord shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to the Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments.



14. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provisions in this lease, the Landlord may terminate this lease upon ________ days' written notice to the Tenant that the Premises has been sold.



15. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to the extent that such resulting damage prevents the Tenant's continued use of the Premises in a normal manner as intended, and if the damage is reasonably repairable within sixty days after the occurrence of the incident which caused the damage, and if the cost of repair is less than 50% of the value of the property itself, the Landlord shall repair the Premises and a reasonable and just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have remained unusable. However, if the damage is not repairable within sixty days, or if the cost of repairs is greater than 50% of the value of the property, or if the Landlord is prevented from repairing the damage by forces beyond the Landlord's control given their reasonable level of effort, or if the property is condemned, this lease will terminate upon twenty days notice of such event or condition by either party and any unearned rent paid in advance by the Tenant will be apportioned and refunded to it. The Tenant shall give the Landlord timely notice of any damage to the Premises.



16. DEFAULTS. The Tenant will be in default of this lease if the Tenant fails to fulfill any lease obligation or term by which the the Tenant is bound in this lease. Subject to any governing law that states otherwise, if Tenant fails to cure any financial obligation within 30 days (or any other obligation within 60 days after written notice of such default is provided by the Landlord to the Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without foreclosing the Landlord's ability to recoup damages. Alternatively, the Landlord may elect to cure any default themselves and the cost of such action shall be added to the Tenant's financial obligations under this lease. The Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by the Landlord as a direct result of the Tenant's default. All sums of money or charges the Tenant is required to pay under this lease shall be additional rent, whether or not such sums or charges are designated as "additional rent." The rights provided by this section are cumulative in nature and are in addition to any other rights afforded by law.



17. LATE PAYMENTS. For any payment that is not paid within one day of its due date, the Tenant shall pay a late flat fee of $________. The Tenant shall the late fee at the latest with the Rent of the following month.



18. QUIET ENJOYMENT. During the term of the lease agreement, the Tenant has the right of quiet enjoyment of the Premises.



19. OVERHOLDING. If the Tenant maintains possession of the Premises for any period after the termination of this lease (hereinafter referred to as the "Overholding Period"), the Tenant shall pay to the Landlord lease payment(s) during the Overholding Period at a rate equal to 150% (one hundred and fifty percent) of the normal payment rate from the last rent period under this lease, prorated based on the actual number of overholding days.



20. LANDLORD ACCESS TO PREMISES. Subject to the Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, lessors, or workers. However, the Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in case of an emergency, the Landlord may enter the Premises without the Tenant's prior consent. During the last three months of this lease, or any extended period of this lease, the Landlord will be allowed access to the Premises to display "To Let" signs and show the Premises to prospective future tenants.



21. INDEMNITY REGARDING USE OF PREMISES. To the extent allowed by law, the Tenant agrees to indemnify, hold harmless, and defend the Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney's fees, if any, for which the Landlord may suffer or incur in connection with the Tenant's possession, use, or misuse of the Premises, except the Landlord's own act or negligence.



22. DANGEROUS AND HAZARDOUS MATERIALS. The Tenant may not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive nature that might substantially and unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous by a responsible insurance business, unless the prior written consent of the Landlord is obtained and proof of adequate insurance protection is provided by the Tenant to the Landlord.



23. COMPLIANCE WITH REGULATIONS. The Tenant shall promptly and dutifully comply with all laws, ordinances, requirements, and regulations of the federal, provincial/territorial, municipal, and other authorities, and the fire insurance underwriters. However, the Tenant is not required by this provision to make alterations to the exterior or structure of the building



24. REMODELING 888 5585855882 ALTERATIONS. 552 522522 8888 5582 252 2888252822 22 8225582 522 822825582822 25 5222528822 (52 252 522522'8 2522282) 2552 252 82 52858525 22 582 252 25228828 58 822882825 58282. 552 522522 252 5882 822825582 8585 28525528 22 252 25228828 (52 252 522522'8 2522282) 2552 5225225852282 2588882522 828 582 225 8585 25522828. 5585 822825582822 85588 82 5252525222 525 8585 28525528 252 82 2528225 2282 8825 252 25825 8582222 8228222 22 252 25258255 85885 85588 222 82 525258225882 88255285. 552 522522 85588 222 8282588 5828228 25 55825288222228 22 522 2552 22 252 25228828 8825252 252 25258255'8 25825 8582222 8228222. 82 252 225 22 252 82582 2252, 252 522522 85588 82 22282825 22 522282 (25 52 252 5285282 22 252 25258255 85588 522282) 8585 28525528, 525 85588 5282252 252 25228828 22 8588252285882 252 8522 822582822 22 252 25228828 52 252 822222822222 22 2588 82582.



25. SUBORDINATION 82 LEASE. 5588 82582 88 85825582522 22 522 22522522 2552 228 258828, 25 252 82 28822 85225 82 252 25258255, 8825 5282282 22 252 25228828.



26. SUBLETTING 888 ASSIGNMENTS. 552 522522 252 222 588822 25 85882582 522 82225282 82 252 25228828, 225 222282 5 855222 82 252 25225822 282258582 22 252 522522 (2522 252 282258582 25882822 52 252 828222822 22 2588 82582), 225 588822, 22522522, 25 282522 2588 82582, 8825252 252 25825 2525288 8582222 8228222 22 252 25258255, 85885 85588 222 82 525258225882 88255285.



27. DISAGREEMENTS DURING THE LEASE PERIOD. If a disagreement arises during the lease period, the following actions will take place:

-- If there is a dispute between the Landlord and the Tenant, all parties agree to attempt to come to an agreement through the use of an agreed upon mediator.

-- It is agreed that the costs involved in hiring the mediator will be shared equally and that each party shall cooperate in a good faith attempt to come to a resolution.

-- Both parties agree that they will allow the mediator 30 (thirty) days from the first meeting to reach a compromise before going to court.

-- If the parties are unable to come to an agreement with the assistance of the mediator in 30 (thirty) days, they each reserve the right to bring legal action in a court of law or before an arbitrator.

-- The decision of a court or arbitrator will be legally binding upon all parties involved.



28. NOTICES. Notices under this will be deemed valid only when given or served in writing and forwarded by mail, prepaid postage, addressed as the following:

LANDLORD:

________

TENANT:

________

Such addresses may be changed by either party at any time by providing written notice to the other party as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting.



29. GOVERNING LAW. This lease will be governed by and construed exclusively in accordance with the laws of the province of Alberta, and the laws of Canada in effect in Alberta. For litigation arising from this Agreement, the parties submit to the exclusive jurisdiction of the courts of Alberta, and to any other court having jurisdiction over the party solely to enforce a judgment of a court of Alberta. Neither party may seek to enforce an order that has its origin in any court other than the courts of Alberta.



30. ENTIRE AGREEMENT. This lease Agreement contains the entirety of the agreement between the parties and there are no other promises, conditions, understandings, or other agreements, written or oral, relating to the subject matter of this lease. This lease may be modified or amended in writing if the writing is signed by the party obligated under the Amendment.



31. SEVERABILITY. If any part of sub-part of this agreement is deemed invalid by court order, judgment or other operation of law, the remaining parts and sub-parts of this agreement shall remain valid and enforceable to the fullest extent.



32. NO WAIVER. If the Landlord fails to enforce strict performance of any part or sub-part of this lease, this shall not be construed as a waiver of Landlord's right to enforce the same part or sub-part later in time or to enforce any other part or sub-part.



33. BINDING. The provisions of this lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.



LANDLORD

________





By: _______________________________________
________


Date: __________________




TENANT

________





By: _______________________________________
________




Date: __________________

See your document
in progress

COMMERCIAL LEASE
(Alberta)


This lease agreement is signed on ___________________ (date) and is between ________, (hereinafter referred to as the "Landlord") and ________ (hereinafter referred to as the "Tenant"). The parties agree as follows:



1. LEASED PREMISES. The Landlord leases to the Tenant the following property (hereinafter referred to as the "Premises"):

________

The Premises are located at the following address:

________

The Premises represent an area of ________ (________) square feet.



2. TERM. The term of the lease will begin on the date of ________ at 12:01 and will end at 23:59 on the last day of the month after either the Tenant or the Landlord give at least one-month notice to terminate the lease.

The Tenant must notify Landlord in advance of any anticipated extended absence from the Premises.



3. RENT. The Tenant will pay to the Landlord monthly instalments of $________ (________ dollars), which equates to $ ________ per square foot.

The rent will increase ________% (________ percent) on an annual basis.

The rent is payable on or before the 1st (first) of each month.

Rent payments must be made to the Landlord at the following address:

________

The Landlord may change the address at which the payments are made by giving written notice to the Tenant.



4. SECURITY DEPOSIT. The Tenant will not pay to the Landlord any security deposit at the signing of the lease.

Nonetheless, the Tenant will be liable to the Landlord at the expiration or termination of this lease for all damages to the Property, except ordinary wear and tear.



5. POSSESSION. The Tenant will be entitled to possession on the first day of the term of this lease, and will yield possession to the Landlord on the last day of the term of this lease, unless both parties agree in writing to otherwise. At the end of the lease term, the Tenant shall remove all goods and effects and peaceably return the Premises in as good a condition as when first delivered to the Tenant, excepted ordinary wear and tear that occurred during the Tenant's possession of the property.



6. EXCLUSIVITY. The Landlord may not directly or indirectly, through any agent, employee, or other representative, lease any space within the property (except the Premises described by this lease), or permit the use or occupancy of any such space whose primary business activity is in, or may result in, competition with the Tenant's primary business activity without an express agreement in writing signed by both parties. The Landlord hereby gives the Tenant the exclusive right to conduct their primary business activity on the property.



7. PARKING. The Tenant will be entitled to use ________ parking spaces for the parking of the Tenant's patrons' motor vehicles.



8. STORAGE. The Tenant will be permitted to store items of personal property at the Premises during the term of this lease. The Landlord will not be held liable for any loss of or damage to these stored items.



9. PROPERTY INSURANCE. The Landlord and the Tenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. The Tenant's insurance must be an amount not less than $________ (________ dollars). The Landlord must be named as an additional insured party on any and all such policies. The Tenant shall deliver evidence to the Landlord as proof of adequate insurance in force issued by companies reasonably satisfactory to the Landlord. The Landlord will receive advance written notice from the insurer prior to any termination of such policies. The Tenant shall also maintain any other insurance which the Landlord reasonably requires for the protection of the Landlord's interest in the Premises. The Tenant is responsible for maintaining property insurance on its own property.



10. LIABILITY INSURANCE. The Tenant shall maintain liability insurance on the Premises in an amount not less than $________ (________ dollars). The Tenant shall deliver evidence to the Landlord as proof that sufficient insurance is in force and issued by companies reasonably satisfactory to the Landlord. The Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies.



11. MAINTENANCE. The Landlord shall maintain the Premises in good repair at all times during the term of this lease.



12. UTILITIES. The Landlord will be responsible for paying for and maintaining provision of all utilities under this lease.



13. TAXES. Taxes related to the Premises or its use shall be allocated in the following way:

a) Real Estate Taxes. The Landlord shall pay all real estate taxes and assessments for the Premises.

b) Personal Taxes. The Landlord shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to the Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments.



14. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provisions in this lease, the Landlord may terminate this lease upon ________ days' written notice to the Tenant that the Premises has been sold.



15. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to the extent that such resulting damage prevents the Tenant's continued use of the Premises in a normal manner as intended, and if the damage is reasonably repairable within sixty days after the occurrence of the incident which caused the damage, and if the cost of repair is less than 50% of the value of the property itself, the Landlord shall repair the Premises and a reasonable and just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have remained unusable. However, if the damage is not repairable within sixty days, or if the cost of repairs is greater than 50% of the value of the property, or if the Landlord is prevented from repairing the damage by forces beyond the Landlord's control given their reasonable level of effort, or if the property is condemned, this lease will terminate upon twenty days notice of such event or condition by either party and any unearned rent paid in advance by the Tenant will be apportioned and refunded to it. The Tenant shall give the Landlord timely notice of any damage to the Premises.



16. DEFAULTS. The Tenant will be in default of this lease if the Tenant fails to fulfill any lease obligation or term by which the the Tenant is bound in this lease. Subject to any governing law that states otherwise, if Tenant fails to cure any financial obligation within 30 days (or any other obligation within 60 days after written notice of such default is provided by the Landlord to the Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without foreclosing the Landlord's ability to recoup damages. Alternatively, the Landlord may elect to cure any default themselves and the cost of such action shall be added to the Tenant's financial obligations under this lease. The Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by the Landlord as a direct result of the Tenant's default. All sums of money or charges the Tenant is required to pay under this lease shall be additional rent, whether or not such sums or charges are designated as "additional rent." The rights provided by this section are cumulative in nature and are in addition to any other rights afforded by law.



17. LATE PAYMENTS. For any payment that is not paid within one day of its due date, the Tenant shall pay a late flat fee of $________. The Tenant shall the late fee at the latest with the Rent of the following month.



18. QUIET ENJOYMENT. During the term of the lease agreement, the Tenant has the right of quiet enjoyment of the Premises.



19. OVERHOLDING. If the Tenant maintains possession of the Premises for any period after the termination of this lease (hereinafter referred to as the "Overholding Period"), the Tenant shall pay to the Landlord lease payment(s) during the Overholding Period at a rate equal to 150% (one hundred and fifty percent) of the normal payment rate from the last rent period under this lease, prorated based on the actual number of overholding days.



20. LANDLORD ACCESS TO PREMISES. Subject to the Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, lessors, or workers. However, the Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in case of an emergency, the Landlord may enter the Premises without the Tenant's prior consent. During the last three months of this lease, or any extended period of this lease, the Landlord will be allowed access to the Premises to display "To Let" signs and show the Premises to prospective future tenants.



21. INDEMNITY REGARDING USE OF PREMISES. To the extent allowed by law, the Tenant agrees to indemnify, hold harmless, and defend the Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney's fees, if any, for which the Landlord may suffer or incur in connection with the Tenant's possession, use, or misuse of the Premises, except the Landlord's own act or negligence.



22. DANGEROUS AND HAZARDOUS MATERIALS. The Tenant may not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive nature that might substantially and unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous by a responsible insurance business, unless the prior written consent of the Landlord is obtained and proof of adequate insurance protection is provided by the Tenant to the Landlord.



23. COMPLIANCE WITH REGULATIONS. The Tenant shall promptly and dutifully comply with all laws, ordinances, requirements, and regulations of the federal, provincial/territorial, municipal, and other authorities, and the fire insurance underwriters. However, the Tenant is not required by this provision to make alterations to the exterior or structure of the building



24. REMODELING 888 5585855882 ALTERATIONS. 552 522522 8888 5582 252 2888252822 22 8225582 522 822825582822 25 5222528822 (52 252 522522'8 2522282) 2552 252 82 52858525 22 582 252 25228828 58 822882825 58282. 552 522522 252 5882 822825582 8585 28525528 22 252 25228828 (52 252 522522'8 2522282) 2552 5225225852282 2588882522 828 582 225 8585 25522828. 5585 822825582822 85588 82 5252525222 525 8585 28525528 252 82 2528225 2282 8825 252 25825 8582222 8228222 22 252 25258255 85885 85588 222 82 525258225882 88255285. 552 522522 85588 222 8282588 5828228 25 55825288222228 22 522 2552 22 252 25228828 8825252 252 25258255'8 25825 8582222 8228222. 82 252 225 22 252 82582 2252, 252 522522 85588 82 22282825 22 522282 (25 52 252 5285282 22 252 25258255 85588 522282) 8585 28525528, 525 85588 5282252 252 25228828 22 8588252285882 252 8522 822582822 22 252 25228828 52 252 822222822222 22 2588 82582.



25. SUBORDINATION 82 LEASE. 5588 82582 88 85825582522 22 522 22522522 2552 228 258828, 25 252 82 28822 85225 82 252 25258255, 8825 5282282 22 252 25228828.



26. SUBLETTING 888 ASSIGNMENTS. 552 522522 252 222 588822 25 85882582 522 82225282 82 252 25228828, 225 222282 5 855222 82 252 25225822 282258582 22 252 522522 (2522 252 282258582 25882822 52 252 828222822 22 2588 82582), 225 588822, 22522522, 25 282522 2588 82582, 8825252 252 25825 2525288 8582222 8228222 22 252 25258255, 85885 85588 222 82 525258225882 88255285.



27. DISAGREEMENTS DURING THE LEASE PERIOD. If a disagreement arises during the lease period, the following actions will take place:

-- If there is a dispute between the Landlord and the Tenant, all parties agree to attempt to come to an agreement through the use of an agreed upon mediator.

-- It is agreed that the costs involved in hiring the mediator will be shared equally and that each party shall cooperate in a good faith attempt to come to a resolution.

-- Both parties agree that they will allow the mediator 30 (thirty) days from the first meeting to reach a compromise before going to court.

-- If the parties are unable to come to an agreement with the assistance of the mediator in 30 (thirty) days, they each reserve the right to bring legal action in a court of law or before an arbitrator.

-- The decision of a court or arbitrator will be legally binding upon all parties involved.



28. NOTICES. Notices under this will be deemed valid only when given or served in writing and forwarded by mail, prepaid postage, addressed as the following:

LANDLORD:

________

TENANT:

________

Such addresses may be changed by either party at any time by providing written notice to the other party as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting.



29. GOVERNING LAW. This lease will be governed by and construed exclusively in accordance with the laws of the province of Alberta, and the laws of Canada in effect in Alberta. For litigation arising from this Agreement, the parties submit to the exclusive jurisdiction of the courts of Alberta, and to any other court having jurisdiction over the party solely to enforce a judgment of a court of Alberta. Neither party may seek to enforce an order that has its origin in any court other than the courts of Alberta.



30. ENTIRE AGREEMENT. This lease Agreement contains the entirety of the agreement between the parties and there are no other promises, conditions, understandings, or other agreements, written or oral, relating to the subject matter of this lease. This lease may be modified or amended in writing if the writing is signed by the party obligated under the Amendment.



31. SEVERABILITY. If any part of sub-part of this agreement is deemed invalid by court order, judgment or other operation of law, the remaining parts and sub-parts of this agreement shall remain valid and enforceable to the fullest extent.



32. NO WAIVER. If the Landlord fails to enforce strict performance of any part or sub-part of this lease, this shall not be construed as a waiver of Landlord's right to enforce the same part or sub-part later in time or to enforce any other part or sub-part.



33. BINDING. The provisions of this lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.



LANDLORD

________





By: _______________________________________
________


Date: __________________




TENANT

________





By: _______________________________________
________




Date: __________________