LEASE AMENDMENT AGREEMENT
This Lease Amendment Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:
[INSERT NAME OF THE LESSOR], having registered office at [INSERT ADDRESS OF THE LESSOR] (hereinafter referred to 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] OR (hereinafter referred to 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” together shall be referred to as “Parties” and individually as a “Party”.
WHEREAS
- The Parties entered into a Lease Agreement (hereinafter referred to as “Original Lease”) dated [INSERT DATE OF THE ORIGINAL LEASE AGREEMENT] for the property located at [INSERT LOCATION OF THE PROPERTY].
- The Parties hereby wish to amend the original lease agreement in accordance with the terms and conditions set forth in this Lease Amendment Agreement.
- The Parties mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
- The parties are duly authorized and have the capacity to enter into this agreement.
- Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.
NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:
- PREMISES
- The Lessor hereby agreed to lease the following property to the lessee as mentioned in the original lease Agreement. The description of the property is. [INSERT DESCRIPTION OF THE PROPERTY.]
- AMENDMENT TERMS
- The Parties hereby agree to amend the following terms of the Original Lease: Amendment to Clause [INSERT AMENDMENT CLAUSE]
- [INSERT ANY ADDITIONAL AMENDMENT TERMS]
- TERMS AND CONDITIONS
- All terms, conditions, and provisions of the Original Lease shall remain in full force and effect.
- In the event of a conflict between original lease and this Agreement, the Amended provisions of this agreement shall prevail.
- The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the English.
- This agreement 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.
- 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.
- LESSOR’S OBLIGATION
- The Lessor shall ensure that the Lessee has the right to quiet enjoyment of the property during the term of this agreement.
- The Lessor shall not unnecessarily interfere with the daily activities of the Lessee and shall comply with all the reasonable laws and regulations, that apply to the property.
- The Lessor agrees to cooperate in good faith in resolving any disputes or concerns raised by the Lessee during the term of this agreement.
- LESSEES’S OBLIGATION
- The Lessee agrees to pay the monthly rent as specified in this agreement on or before due the due date without any deductions.
- The Lessee shall not use the property for any unlawful purpose and agrees to obey all laws, ordinances, rules, regulations, requirements and orders of all Federal, State, and Local governmental authorities, agencies, departments, bureaus, boards or officials, respecting the use of the property.
- The Lessee shall maintain the property in a clean and habitable condition and shall promptly report any damages or necessary repairs to the Lessor.
- The Lessee shall allow the Lessor reasonable access to the property for inspection, repairs or other valid reasons.
- TAXES
- The Lessor shall be responsible for the payment of property tax and any other municipal taxes pertaining to the Leased Property during the Lease Period.
- The Parties agree that stamp duty and, on this Lease, Deed shall be borne by both Parties jointly.
- TERMINATION
- Either party may terminate this Agreement for material breach on [INSERT THE NUMBER OF DAYS] days' written notice with opportunity to cure; provided termination will become effective immediately upon such notice, without opportunity to cure, if:
- this Agreement provides a specific date or period for performance of the obligation breached; or
- The injury caused by the breach is of a type that cannot be materially reduced by the breaching party during the cure period.
- Upon expiration or termination of this Agreement, all rights and obligations of the parties shall immediately cease, except for those obligations that have accrued prior to the effective date of termination. Specifically, any outstanding payment obligations, as well as any liabilities or breaches incurred before termination, shall remain fully enforceable. No new rights or obligations shall arise or be enforceable following termination, except for those expressly provided to survive termination within this Agreement.
- If this Agreement is terminated in accordance with its termination provisions, it shall become null and void and have no further force or effect, except that the Parties shall continue to be bound by its provisions regarding confidentiality and restrictions on announcements, indemnification, confidentiality, non-solicitation, non-disparagement, notices, miscellaneous matters, and governing law and dispute resolution. Nothing in this clause shall release any Party from any liability for any breach of this Agreement occurring prior to the effective date of such termination.
- INDEMNIFICATION
- Any material breach of this Agreement, or the negligence or willful misconduct of either party, the other party shall indemnify the other party and hold the other party harmless from and against any judgment, damage, liability, or expenses, including reasonable attorney’s fees, arising out of any claim with respect to the breach or alleged breach of such warranty of this agreement or such negligence or willful misconduct; provided that the other party shall have had sole control of the defense of any such action and all negotiations for its settlement or compromise; and, provided further, that no cost or expense shall be incurred for the account of the other party without its prior written consent.
- DISPUTE RESOLUTION
- The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this agreement by negotiations between negotiations 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 negotiation 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 dispute arising under this agreement shall be governed by and interpreted in accordance with Arbitration laws of [INSERT COUNTRY/ STATE OF ARBITRATION], without regard to principles of conflicts of law. The parties to this agreement will submit all the dispute 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 the Arbitration proceeding 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 Arbitration 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 COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IF THE NEGOTIATIONS ARE UNSUCCESSFUL BETWEEN THE PARTIES] 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 delay in performing its obligation 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 act of God, natural disaster ( eg , floods, earthquake, hurricane, war, labor strike, governmental actions. 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 affected party forfeiting its right under this clause. If a force majeure event continued 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 the obligations accrued prior to the force majeure event.
- NOTICES
- Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is [INSERT THE APPLICABLE NUMBER OF BUSINESS DAYS WITHIN WHICH THE NOTICE WILL BE DEEMED SERVED] Business Days after such notice is mailed during normal postal conditions. In the event of a postal disruption, any notice mailed will be deemed received on the [INSERT THE APPLICABLE NUMBER OF BUSINESS DAYS WITHIN WHICH THE NOTICE WILL BE DEEMED SERVED] Business Day following resumption of regular postal service:
- If to the Lessor: [INSERT EMAIL ID OR/AND ADDRESS OF LESSOR]
- If to the Lessee: [INSERT EMAIL ID OR/AND ADDRESS OF LESSEE]
- Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
- 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 THE LESSOR/SIGNING AUTHORITY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF LESSOR]
Signed, sealed and delivered on behalf of Lessee
Name: [INSERT NAME OF THE LESSEE/SIGNING AUTHORITY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF LESSEE]