Fillable Pennsylvania Commercial Lease (Page 3 of 6) in pdf

Special

Clauses

(a)

Lessee agrees to pay as rent in addition to the minimum rental herein received, all taxes, sewer rent, garbage and/or trash collection charges

Taxes

(5-72)

assessed or imposed upon the demised premises and/or the building of which the demised premises is a part during the term of this lease, in excess of and

over and above those assessed or imposed at the time of making this lease. The amount due hereunder on account of such taxes shall be apportioned for that

part of the first tax year, as assessed, and each subsequent tax year, as assessed thereafter during the term of this lease including extensions or renewals

hereof. The same shall be paid by the Lessee to the Lessor as additional rent on or before sixty days from the Broker for Lessor’s notice to the Lessee having

been delivered as notice of any such tax increase.

(b)

Unless specified herein to the contrary, the percentage of any such tax increases to be paid by the Lessee hereunder shall be apportioned in

accordance with that percentage which the Lessee’s rent represents to the total income that the building would yield if fully leased.

(c)

Lessee further agrees to pay to Lessor as additional rent all increase or increases in fire insurance premiums upon the demised premises and/or

Fire

Insurance

the building of which the demised premises is a part, due to an increase in the rate of fire insurance in excess of the rate on the demised premises at the time

Premiums

of making this lease, if said increase is caused by any act or neglect of the Lessee or the nature of the Lessee’s business.

Sewer Rent

(d)

Lessee further agrees to pay as additional rent, if there is a metered water connection to said premises, all sewer rental or charges for use of

sewers, sewer system, and sewage treatment works servicing the demised premises in excess of the yearly minimum of such sewer charges, immediately

when the same become due.

(e)

Lessee shall be responsible for the condition of the pavement, curb, cellar doors, awnings and other erections in the pavement during the term

Condition of

of this lease; shall keep the pavement free from snow and ice, and shall be, and hereby agrees that Lessee is solely liable for any accidents, due or alleged

Pavement

to be due to their defective condition, or to any accumulations of snow or ice.

The “security deposit” specified in Par. #2. (f) shall be held by Broker for Lessor as security for the performance of all the terms, covenants and

Security Deposit

conditions of this lease and for the cost of any trash removal, housecleaning and the cost of repairs and/or the correction of damage (which is, in the opinion

(12-85)

of the Lessor and/or Broker for Lessor, in excess of normal wear and tear); otherwise, the “security deposit” or any balance thereof shall be returned after

the Lessee has vacated and left the premises in an acceptable condition (following a personal inspection by Lessor and/or Broker for Lessor) and surrendered

all keys to Broker for Lessor. If the Lessor determines that any loss, damage or injury chargeable to the Lessee hereunder, exceeds the security deposit, the

Lessor at his option, may retain the said sum as liquidated damages or may apply the sum against any actual loss, damage or injury and the balance thereof

will be the responsibility of the Lessee. Lessor’s determination of the amount, if any, to be returned to the Lessee shall be final. It is further understood and

agreed that the said security deposit is not to be considered as the last payment under the lease, however the rights of the Lessor shall not be hindered to

retain the security deposit, or a portion thereof as payment on account of uncollected rents, if any.

The aforementioned “security deposit” shall be paid to the Broker for Lessor who will deposit same in a separate custodial type account. Broker for

Lessor shall keep records of all funds so deposited as required in accordance with the Act of February 19, 1980, P.L. 15, No. 9, Section 604 (63 P.S. 455.604).

Said account will be clearly identified as required indicating the date and from whom he received money, the date deposited, the date of withdrawals and

other pertinent information concerning this transaction. It is understood and agreed that should the property herein mentioned be sold, exchanged, transferred

or conveyed to a new owner, that at the time of settlement, any money held as a security deposit shall be transferred to the new owner or his agent, to be

continued to be held as a security deposit.

(a)

If the Lessee so desires, Lessor, if possible, may make available to Lessee, without charge, a space in the building for the storage of goods and

Affirmative

Covenants of

effects of Lessee. In consideration of the fact that no extra charge is made for the furnishing of such space by the Lessor, it is understood that Lessor shall

Lessor

not be liable for loss or damage to any stored goods through fire or theft or any cause whatever, and Lessee expressly releases Lessor as bailee or otherwise

from all claims for any such loss or damage. It is further understood that the use of storage space by the Lessee shall be limited to the time of the Lessee’s

occupancy, and that goods left over thirty days after the expiration of Lessee’s occupancy may be sold for storage charges at public or private sale without

further notice to Lessee.

(b)

The Lessor may furnish additional service not herein provided for but any such service shall be gratuitous unless otherwise agreed and shall

not be an obligation of the Lessor or part of the consideration for the rent.

All rent shall be payable without prior notice or demand at the office of Lessor or Broker for Lessor as specified in paragraph #2. (p.).

Place of

Payment

Lessee covenants and agrees that he will without demand:

(a)

Pay the rent and all other charges herein reserved as rent on the days and times and at the place that the same are made payable, without fail,

Affirmative

and if Lessor shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse

Covenants of

delay upon subsequent occasions, or constitute or be construed as a waiver of any of Lessor’s rights. Lessee agrees that any charge or payment herein

Lessee

reserved, included, or agreed to be treated or collected as rent and/or any charges, expenses, or costs herein agreed to be paid by the Lessee may be proceeded

(11-74)

for and recovered by the Lessor by legal process in the same manner as rent due and in arrears.

(b)

All rental payments are due and payable on the due date as specified in paragraph #2.(h) of this agreement or within five days thereafter (grace

Payment

period) without penalty. However, after 5:00 P.M. on the fifth day after due date as aforementioned, any rental payment not paid in full will be subject to a

of Rent

Late Charges

late charge. Payments not made on or before 5:00 P.M. on the tenth day after due date, together with late charge, may be referred to Magistrate or Justice

(11-74)

of the Peace for the collection and/or ejectment.

(c)

Keep the demised premises clean and free from all ashes, dirt and other refuse matter; replace all broken glass windows, doors, etc.; keep all

Cleaning,

Repairing, etc.

waste and drain pipes open; repair all damages to plumbing and to the demised premises; in general, keep the same in as good order and repair as they are

at the beginning of the term of this lease, reasonable wear and tear and damage by accidental fire or other casualty not occurring through negligence of

Lessee or those employed by or acting for Lessee alone excepted. The Lessee agrees to surrender the demised premises in the same condition in which

Lessee has herein agreed to keep the same during the continuance of this lease.

(d)

Comply with any requirements of any of the constituted public authorities, and with the terms of any State or Federal statute or local ordinance

Requirements of

or regulation applicable to Lessee or his use of the demised premises, and save Lessor harmless from penalties, fines, costs or damages resulting from failure

Public Authorities

to do so.

Fire

(e)

Use every reasonable precaution against fire.

Surrender of

(f)

Peaceably deliver up and surrender possession of the demised premises to the Lessor at the expiration or sooner termination of this lease, promptly

Possession

delivering to Lessor at his office, all keys for the demised premises, with all trash and personal belongings removed and building(s) broom-swept clean.

(11-74)

(g)

Give to Lessor prompt written notice of any accident, fire or damage occurring on or to the demised premises.

Notice of Fire, etc.

(h)

Promptly pay for all gas and electricity, water, heat, lawn care and services consumed in the herein demised premises during the continuance

Pay for Gas and

of this lease if so specified in paragraph #2.(q); and should Lessee fail to make these payments when due, Lessor shall have the right to settle therefor, such

Electricity

sums to be considered additional rent and collectable from Lessee, as such, by distress or other process and to have all the priorities given by law to claims

for rent.

Indemnification

(i)

Indemnify and save Lessor harmless from any and all loss occasioned by Lessee’s breach of any of the covenants, terms and conditions of this

lease, or caused by his family, guests, visitors, agents and employees.

10.

Lessee covenants and agrees that he will do none of the following things without the consent in writing of Lessor: