California Commercial Lease Agreement Template (Page 4 of 7) in pdf

purposes. Rentals and other charges paid in advance for any such periods shall be credited on

the next ensuing payments, if any, but if no further payments are to be made, any such advance

payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the

matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and

which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for

occupancy or use, in whole or in part, for Tenant's purposes.

15. Default.

If default shall at any time be made by Tenant in the payment of rent when due to Landlord as

herein provided, and if said default shall continue for fifteen (15) days after written notice thereof

shall have been given to Tenant by Landlord, or if default shall be made in any of the other

covenants or conditions to be kept, observed and performed by Tenant, and such default shall

continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction

thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare

the term of this Lease ended and terminated by giving Tenant written notice of such intention, and

if possession of the Leased Premises is not surrendered, Landlord may reenter said premises.

Landlord shall have, in addition to the remedy above provided, any other right or remedy

available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use

reasonable efforts to mitigate its damages.

16. Quiet Possession.

Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder,

Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and

uninterrupted possession of the Leased Premises during the term of this Lease.

17. Condemnation.

If any legally, constituted authority condemns the Building or such part thereof which shall make

the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority

takes possession, and Landlord and Tenant shall account for rental as of that date. Such

termination shall be without prejudice to the rights of either party to recover compensation from

the condemning authority for any loss or damage caused by the condemnation. Neither party

shall have any rights in or to any award made to the other by the condemning authority.

18. Subordination.

Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien

presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any

renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall

have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease

on such terms and subject to such conditions as such mortgagee may deem appropriate in its

discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this

Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the

Leased Premises of the Building, and Tenant agrees upon demand to execute such further

instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may

request. In the event that Tenant should fail to execute any instrument of subordination herein

require d to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes

Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it

being agreed that such power is one coupled with an interest. Tenant agrees that it will from time

to time upon request by Landlord execute and deliver to such persons as Landlord shall request a

statement in recordable form certifying that this Lease is unmodified and in full force and effect (or

if there have been modifications, that the same is in full force and effect as so modified), stating

California Commercial Lease Agreement Template Page 4

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