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COMMERCIAL LEASE AGREEMENT
This COMMERCIAL LEASE AGREEMENT (hereinafter referred to as “the Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] hereinafter referred as the “Effective Date”) between:
[INSERT NAME OF THE LESSOR], having registered office at [INSERT ADDRESS OF THE LESSOR] (hereinafter referred as the “Lessor” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns);
And
[INSERT NAME OF THE LESSEE], having registered office at [INSERT ADDRESS OF THE LESSEE] (hereinafter referred as the “Lessee” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns);
The “Lessor” and the “Lessee” shall be collectively referred to as “Parties” and individually as “Party”.
WHEREAS
- The Lessor is the owner of [INSERT THE DESCRIPTION OF THE COMMERCIAL PROPERTY] located at [INSERT ADDRESS OF THE PROPERTY] (here in after referred to as “Property”)
- The Lessee desires to lease the Property from the Lessor for the purpose of [INSERT PURPOSE, E.G., AGRICULTURAL USE, COMMERCIAL DEVELOPMENT, ETC.], and the Lessor is willing to lease the Property to the Lessee on the terms and conditions set forth herein.
- The Parties acknowledge and agree that the terms and conditions contained in this Agreement shall govern the rights and obligations of the Parties during the term of the lease.
NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROPERTY, THE PARTIES HERETO AGREE AS FOLLOWS:
- LEASE OF PROPERTY
- The Lessor agrees to lease the following Property to the Lessee:[INSERT THE DESCRIPTION AND LOCATION OF THE PROPERTY]
- TERM OF LEASE
- The term of this lease shall commence on [INSERT START DATE] and shall continue for a period of [INSERT LEASE TERM DURATION] years, ending on [INSERT END DATE]. The lease term may be extended or renewed by mutual written agreement of the Parties.
- OBLIGATIONS OF THE PARTIES
- Both the Lessor and the Lessee agree to cooperate in good faith and fulfill their respective obligations under this Agreement in a timely and professional manner, to ensure smooth operation and occupancy of the leased Property.
- Both Parties shall maintain open communication and shall promptly notify the other of any issues or events that may affect their obligations under this Agreement, including maintenance needs, regulatory notices, or legal disputes related to the Property.
- Each Party agrees not to interfere with the other Party’s rights under this Agreement. The Lessor shall not unreasonably disrupt the Lessee’s quiet enjoyment of the Property, and the Lessee shall not impede the Lessor’s rights to inspect or maintain the Property as provided herein.
- Lessee shall not sub-lease, assign any of its rights, or interest in this Agreement in favour of any third party at any time and for any reasons whatsoever without written approval from the Lessor.
- The rights, which Lessee shall have in relation to the said Property, are only those set out in this Agreement.
- The Lessee shall comply with all rules and regulations notified by the Lessor from time to time.
- Lessee agrees to make the Property available to Lessor or Lessor's agents for the purposes of inspection, making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency.
- LEASE RENT AND SECURITY DEPOSIT
- The Lessee agrees to pay a rent of [INSERT RENT AMOUNT] due on or before the [INSERT DUE DATE FOR THE RENT] of each month.
- Rent payments shall be made via [INSERT PAYMENT METHOD] to the Lessor’s designated account.
- A late fee of [INSERT LATE FEE IF RENT IS NOT RECEIVED] shall be charged if rent is not received by the Lessor within [INSERT GRACE PERIOD FOR THE RENT] days of the due date.
- The Lessee shall provide a security deposit of [INSERT SECURITY DEPOSIT AMOUNT] upon signing this Agreement. This deposit will be held to cover damages beyond normal wear and tear and any unpaid rent.
- The security deposit will be returned to the Lessee within [INSERT NUMBER OF DAYS IN WHICH THE SECURITY DEPOSIT HAS TO BE RETURNED TO THE LESSEE] days after the end of the lease term, less any deductions for damages or unpaid rent.
- REPRESENTATION AND WARRANTIES
- The Lessor hereby represents and warrants that they shall be the lawful owner or authorized agent of the owner of the leased Property and shall have the full legal right, title, and authority to lease the Property to the Lessee in accordance with the terms of this Agreement. The Lessor further warrants that the Property shall be free from any known liens, encumbrances, legal disputes, or third-party claims that would adversely affect the Lessee’s right to peaceful possession and use of the premises.
- The Lessor shall ensure that the Property complies with all applicable building codes, zoning laws, health and safety regulations, and other legal requirements necessary for the permitted commercial use specified in this Agreement. The Lessor also warrants that there shall be no ongoing or pending legal proceedings, notices, or violations that would materially affect the Lessee’s intended use of the Property at the time of execution of this Agreement.
- The Lessee hereby represents and warrants that they shall be duly authorized to enter into this Lease Agreement and to perform all obligations stipulated herein. The Lessee shall ensure that the execution and performance of this Agreement shall not conflict with or result in a breach of any applicable law, regulation, contract, or obligation by which the Lessee is bound. The Lessee shall use the leased Property strictly for the permitted commercial purpose as defined in this Agreement and shall not engage in any illegal, unlawful, or hazardous activities on the premises.
- Each Party hereby represents and warrants that all information and documentation provided in connection with this Agreement shall be true, complete, and accurate to the best of their knowledge as of the date of signing. The representations and warranties contained in this clause shall be deemed to continue throughout the term of this Agreement and shall remain binding upon both Parties.
- USE OF PROPERTY
- The Lessee shall use the Property solely for the purpose of conducting [INSERT THE PERMITTED COMMERCIAL ACTIVITY]. Any change in the use of the Property requires the prior written consent of the Lessor.
- UTILITIES AND OUTGOINGS
- The Lessee is responsible for the payment of all utilities and services associated with the Property, including but not limited to electricity, water, gas and trash removal etc.
- The Lessee is responsible for the payment of outgoings as mentioned below:
- [INSERT OUTGOINGS WITH PRICE e.g. TAXES OR OTHER CHARGES/REMOVE THIS CLAUSE IF OUTGOINGS INCLUDED IN THE RENT]
- MAINTENANCE AND REPAIRS
- The Lessee shall be responsible for maintaining the Property in good condition and shall promptly address any damages caused by their activities.
- Major repairs and structural improvements to the Property shall be subject to the Lessor's approval.
- INSURANCE
- The Lessee shall maintain adequate insurance coverage of [INSERT COVERAGE BY LESSEE] for liability and property damage related to farming activities on the Property. The Lessor shall be named as additional insured on the Lessee’s insurance policy.
- DEFAULTS
- If Lessee fails to perform or fulfill any obligation under this Lease, Lessee shall be in default of this Lease. Subject to any statute, ordinance or law to the contrary, Lessee shall have [INSERT DAYS IN WHICH THE DEFAULT SHOULD BE CURED] days from the date of notice of default by Lessor to cure the default. In the event Lessee does not cure a default, Lessor may at Lessor's option (a) cure such default and the cost of such action may be added to Lessee's financial obligations under this lease; or (b) declare Lessee in default of the Lease.
- In the event of default, Lessor may also, as permitted by law, re-enter the Property and re-take possession of the Property. The Lessor may, at its option, hold Lessee liable for any unpaid rent.
- CONFIDENTIALITY
- Both the Lessor and the Lessee shall maintain strict confidentiality with respect to all terms and conditions of this Agreement and any proprietary, financial, operational, or sensitive information exchanged or obtained in connection with the execution and performance of this Agreement. Neither Party shall disclose any such information to any third party without the prior written consent of the other Party, unless such disclosure is required by law, regulation, court order, or for the purpose of enforcing the terms of this Agreement.
- Each Party shall take all reasonable precautions to ensure that their respective employees, agents, contractors, and representatives who have access to such confidential information shall also comply with the obligations of confidentiality stated herein. The Parties agree that any breach of this clause shall constitute a material breach of this Agreement and shall entitle the non-breaching Party to seek appropriate legal remedies, including but not limited to injunctive relief, in addition to any other remedies available under law.
- The obligations under this clause shall survive the expiration or termination of this Agreement for a period of two (2) years from the date of such expiration or termination.
- TERMINATION
- The Lessor may terminate the Lease in case of default of payment of rent for more than [INSERT MONTHS OF DEFAULT IN PAYMENT] months or for the violation of any of the terms of this agreement by giving [INSERT NOTICE PERIOD TO TERMINATE THE AGREEMENT BY LESSOR] notice, while the Lessee shall have the right to terminate the Lease by giving [INSERT DAYS/MONTHS FOR TERMINATION OF NOTICE BY LESSEE] notice.
- INDEMNIFICATION
- Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its affiliates, officers, directors, employees, agents, successors, and assigns (“Indemnified Party”) from and against any and all claims, demands, actions, suits, or proceedings initiated by third parties, as well as any resulting liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, to the extent such claims arise from;
- any breach by the Indemnifying Party of its covenants, agreements, or obligations under this Agreement;
- any inaccuracy or material misrepresentation in the representations or warranties made by the Indemnifying Party; or
- any claim that the use, licensing, or commercialization of intellectual property or proprietary rights by the Indemnifying Party infringes, misappropriates, or otherwise violates the rights of any third party. The Indemnified Party shall provide prompt written notice of any claim for which indemnification is sought, and the Indemnifying Party shall have the right to assume and control the defence with counsel of its choosing, subject to the Indemnified Party’s reasonable approval.
- The Indemnified Party shall cooperate in good faith, and while it may participate in the defence at its own expense, the Indemnifying Party shall not settle any claim without the Indemnified Party’s prior written consent if such settlement imposes liability, does not provide a full release, or includes an admission of wrongdoing. Indemnification shall not apply to the extent that the claim arises from the Indemnified Party’s own willful misconduct, negligence, or material breach of this Agreement.
- Each party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other party, its affiliates, officers, directors, employees, agents, successors, and assigns (“Indemnified Party”) from and against any and all claims, demands, actions, suits, or proceedings initiated by third parties, as well as any resulting liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, to the extent such claims arise from;
- LIABILITY
- The Lessee shall be solely responsible for any damage, loss, injury, or liability arising from the use, occupation, or operation of the leased Property during the term of this Agreement, except where such damage or liability arises due to the gross negligence or willful misconduct of the Lessor. The Lessee shall indemnify, defend, and hold harmless the Lessor from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with the Lessee’s activities on the Property.
- The Lessor shall not be liable for any loss or damage suffered by the Lessee due to theft, fire, natural calamities, accidents, or any other unforeseen events occurring on the Property, unless such loss or damage results directly from the Lessor’s gross negligence or failure to fulfill obligations under this Agreement.
- Both Parties shall take reasonable precautions to avoid and mitigate any harm, loss, or injury to persons or property on the leased premises, and shall comply with all applicable safety regulations and legal obligations.
- The provisions of this clause shall survive the termination or expiration of this Agreement.
- DISPUTE RESOLUTION
- The Parties shall endeavour to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
- All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator . The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
- APPLICABLE LAW
- This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY/STATE OF APPLICABLE LAWS].
- The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner:
- By direct negotiations between the Lessor and Lessee.
- If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE PLACE OF THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATION] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
- FORCE MAJEURE
- Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
- NOTICES
- Any notice or communication under or in connection with this Agreement shall be in writing and may be delivered personally or by post or facsimile to the addresses given in this Agreement or may also be delivered via electronic mail specified by the Parties. The Electronic Signatures shall be acknowledged as valid signatures for all the purposes of this Agreement.
- LESSOR: [INSERT THE EMAIL ID OR/AND ADDRESS OF LESSOR]
- LESSEE: [INSERT THE EMAIL ID OR/AND ADDRESS OF LESSEE]
- Any notice or communication under or in connection with this Agreement shall be in writing and may be delivered personally or by post or facsimile to the addresses given in this Agreement or may also be delivered via electronic mail specified by the Parties. The Electronic Signatures shall be acknowledged as valid signatures for all the purposes of this Agreement.
- MISCELLANEOUS
- Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
- Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be English.
- Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
- Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument.
- No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
- Amendments and Assignments: Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
- Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect
- INDEPENDENT LEGAL ADVICE
- The Parties are advised to seek independent legal counsel before entering into this Agreement. Each Party acknowledges that they have been given a reasonable opportunity to consult with an attorney of their choosing regarding the terms, conditions, and obligations set forth in this Agreement, including any restrictions or commitments imposed herein.
- By signing this Agreement, the Parties confirm that they have either sought such independent legal advice or voluntarily chosen to proceed without it. Each Party further represents that they are entering into this Agreement knowingly, voluntarily, and with a full understanding of its provisions. The Parties acknowledge that they are not relying on any statements, promises, or representations made by the other Party or any representative thereof that are not expressly included in this Agreement.
- DECLARATION
- The Parties hereby acknowledge that the terms herein have been read, fully understood, and expressly agreed to, and hereby commit to performing their obligations with due diligence, honesty, and in good faith. The Parties hereby agree to foster a collaborative environment that promotes transparent communication and timely resolution of any issues, thereby ensuring compliance with all applicable laws and industry best practices.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.
Signed, sealed and delivered on behalf of Lessor
Name: [INSERT NAME OF LESSOR/SIGNING AUTHORITY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF LESSOR]
Signed, sealed and delivered on behalf of Lessee
Name: [INSERT NAME OF LESSEE/SIGNING AUTHORITY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF LESSEE]