Commercial Lease Agreement Template (State Of California) (Page 3 of 4) in pdf

proportionately abated as provided in the preceding sentence, and in the event that Lessor shall not elect to make such repairs, which

cannot be made within sixty (60) days, this Lease may be terminated at the option of either party. In the event that the building in

which the Real Property may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor

may elect to terminate this Lease whether the Real Property be injured or not. A total destruction of the building in which the Real

Property may be situated shall terminate this Lease.

16. Lessor’s Remedies on Default. If Tenant defaults in the payment of rent, or any additional rent, or defaults in the performance

of any of the other covenants or conditions hereof, Lessor may give Tenant notice of such default and if Tenant does not cure any

such default within _________________ (this shall be fifteen, if no other number is filled in) days, after the giving of such notice

(or if such other default is of such nature that it cannot be completely cured within such period, if Tenant does not commence such

curing within such ___________(this shall be fifteen, if no other number is filled in) days and thereafter proceed with reasonable

diligence and good faith to cure such default), then Lessor may terminate this Lease and all rights of Lessee under this Lease by such

written notice. If it so terminates on the date specified in such notice the term of this Lease shall terminate, and Tenant shall then

quit and surrender the Real Property to Lessor, but Tenant shall remain liable as hereinafter provided. If this Lease shall have been

so terminated by Lessor, Lessor may at any time thereafter resume possession of the Real Property by any lawful means and remove

Tenant or other occupants and their effects. No failure to enforce any term shall be deemed a waiver.

No act of Lessor shall be construed as terminating this Lease except written notice given by Lessor to Tenant advising Tenant that

Lessor elects to terminate the Lease. In the event Lessor elects to terminate this Lease, Lessor may recover from Tenant: (a) The

worth at the time of award of any unpaid rent that had been earned at the time of termination of the Lease; (b) The worth at the time

of award of the amount by which the unpaid rent that would have been earned after termination of the Lease until the time of award

exceeds the amount of rental loss that Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the

amount by which the unpaid rent for the balance of the term of this lease after the time of award exceeds the amount of rental loss

that Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate Lessor for all detrimental

proximately caused by Tenant’s failure to perform its obligations under this Lease.

The term "rent” as used in this Lease shall mean Rent and all other sums required to be paid by Tenant pursuant to the terms of this

Lease

17.

Security Deposit.

Tenant shall deposit with Lessor on the signing of this Lease the sum of

______________________________ Dollars ($

) as security for the performance of Tenant’s obligations under this

Lease, including without limitation the surrender of possession of the Real Property to Lessor as herein provided. If Lessor applies

any part of the deposit to cure any default of Tenant, Tenant shall on demand deposit with Lessor the amount so applied so that

Lessor shall have the full deposit on hand at all times during the term of this Lease.

18. Tax Increase. In the event there is any increase during any year of the term of this Lease in real property taxes over and above

the amount of such taxes assessed for the tax year during which the term of this Lease commences, whether because of increased

rate, valuation or otherwise, Tenant shall pay to Lessor upon presentation of paid tax bills an amount equal to the increase in taxes

upon the land and building on which the Real Property is situated. In the event that such taxes are assessed for a tax year extending

beyond the term of the Lease, the obligation of Tenant shall be proportionate to the portion of the Lease term included in such year.

All such tax obligations of Lessee hereunder shall be added to and become a part of the rent paid under this Lease.

19. Common Area Expenses. In the event the Real Property is situated in a shopping center, a commercial building or other

complex in which there are common areas, Tenant agrees to pay Tenant’s pro-rata share of maintenance, taxes, and insurance for

the common area. All such obligations of Tenant hereafter shall be added to and become a part of the rent paid under this Lease.

20. Attorney’s Fees. In case suit should be brought for recovery of the Real Property, or for any sum due hereunder, or because of

any act which may arise out of the possession of the Real Property, by either party, the prevailing party shall be entitled to all costs

incurred in connection with such action, including a reasonable attorney’s fee.

21. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.

22. Notices. Any notice which either party may or is required to give, shall be given by personal delivery or mailing the same,

postage prepaid, to Tenant at the Real Property (or at the address indicated below), or Lessor at the address specified below, or at

such other places as may be designated by the parties from time to time.

23. Heirs, Assigns, Successors. This Lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest

Page 3 of 4

Each party signing this lease should seek legal advice prior to executing this lease. This lease is a sample and does not constitute legal advice.

Commercial Lease

Law Offices of Todd E. Kobernick

Commercial Lease Agreement Template (State Of California) Page 3

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