Fillable Pennsylvania Commercial Lease (Page 5 of 6) in pdf

entry or other action by Lessor;

(d1)

The rent for the entire unexpired balance of the term of this lease, as well as all other charges, payments, costs and expenses herein agreed to

be paid by the Lessee, or at the option of Lessor any part thereof, and also all costs and officers’ commissions including watchmen’s wages and further

including the five percent chargeable by Act of Assembly to the Lessor, shall, in addition to any and all instruments of rent already due and payable and in

arrears and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent, and/or any other charge, expense or cost

herein agreed to be paid by the Lessee which may be due and payable and in arrears, be taken to be due and payable and in arrears as if by the terms and

provisions of this lease, the whole balance of unpaid rent and other charges, payments, taxes, costs and expenses were on that date payable in advance; and

if this lease or any part thereof is assigned, or if the premises or any part thereof is sub-let, Lessee hereby irrevocably constitutes and appoints Lessor Lessee’s

agent to collect the rents due by such assignee or sub-leasee and apply the same to the rent due hereunder without in any way affecting Lessee’s obligation

to pay unpaid balance of rent due hereunder; or in the event of any of the foregoing at any time at the option of Lessor;

(d2)

This lease and the term hereby created shall determine and become absolutely void without any right on the part of the Lessee to save the

forfeiture by payment of any sum due or by other performance of any condition; term or covenant broken; whereupon, Lessor shall be entitled to recover

damages for such breach in an amount equal to the amount of rent reserved for the balance of the term of this lease, less the fair rental value of the said

demised premises, for the residue of said term.

17.

In the event of any default as aforesaid, the Lessor, or anyone acting on Lessor’s behalf, at Lessor’s option:

Further

(a)

May lease said premises or any part or parts thereof to such person or persons as may in Lessor’s discretion seem best and the Lessee shall be

Remedies of

liable for any loss of rent for the balance of the then current term.

Lessor

(b)

Any re-entry or re-letting by Lessee under the terms hereof shall be without prejudice to Lessor’s claim for damages and shall under no

circumstances release Lessee from liability for such damages arising out of the breach of any of the covenants, terms and conditions of this lease.

18.

It is understood and agreed that the Lessor hereof does not warrant or undertake that the Lessee shall be able to obtain a permit under any Zoning

Zoning

Ordinance or Regulation for such use as Lessee intends to make of the said premises, and nothing in this lease contained shall obligate the Lessor to assist

Lessee in obtaining said permit; the Lessee further agrees that in the event a permit cannot be obtained by Lessee under any Zoning Ordinance, or Regulation,

this lease shall not terminate without Lessor’s consent, and the Lessee shall use the premises only in a manner permitted under such Zoning Ordinance or

Regulation.

19.

If rent and/or charges hereby reserved as rent shall remain unpaid on any day when the same should be paid Lessee hereby empowers any Prothonotary

Confession of

or attorney of any Court of Record to appear for Lessee in any and all actions which may be brought for rent and/or the charges, payments, costs and expenses

Judgement

reserved as rent, or agreed to be paid by the Lessee and/or to sign for Lessee an agreement for entering in any competent Court an amicable action or actions

for the recovery of rent or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Lessee for all or any

part of the rent specified in this lease and then unpaid including, at Lessor’s option, the rent for the entire unexpired balance of the term of this lease, and/or

other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Lessee, and for interest and costs together with an attorney’s

commission of 15%. Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often

as any of said rent and/or other charges reserved as rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the

original term and/or during any extension or renewal of this lease.

20.

When this lease shall be determined by condition broken, either during the original term of this lease or any renewal or extension thereof and also

Ejectment

when and as soon as the term hereby created or any extension thereof shall have expired, it shall be lawful for any attorney as attorney for Lessee to file an

agreement for entering in any competent Court an amicable action and judgment in ejection against Lessee and all persons claiming under Lessee for the

recovery of possession of the herein demised premises, for which this lease shall be his sufficient warrant, whereupon, if Lessor so desires, a writ of habere

facias possessionem may issue forthwith, without any prior writ or proceedings whatsoever, and provided that if for any reason after such action shall have

been commenced the same shall be determined and the possession of the premises hereby demised remain in or be restored to Lessee. Lessor shall have the

right upon any subsequent default or defaults, or upon the termination of this lease as hereinbefore set forth, to bring one or more amicable action or actions

as hereinbefore set forth to recover possession of the said premises.

21.

In any amicable action of ejectment and/or for rent in arrears, Lessor shall first cause to be filed in such action an affidavit made by him or someone

Affidavit of

acting for him setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence, and if a true

Default

copy of this lease (and of the truth of the copy such affidavit shall be sufficient evidence) be filed in such action, it shall not be necessary to file the original

as a warrant of attorney, any rule of Court, custom or practice to the contrary notwithstanding.

22.

All of the remedies hereinbefore given to Lessor and all rights and remedies given to it by law and equity shall be cumulative and concurrent. No

Remedies

determination of this lease or the taking or recovering of the premises shall deprive Lessor of any of its remedies or action against the Lessee for rent due

Cumulative

at the time or which, under the terms hereof, would in the future become due as if there has been no determination, or for sums due at the time or which,

under the terms hereof, would in the future become due as if there had been no determination, nor shall the bringing of any action for rent or breach of

covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to obtain possession of the premises.

23.

This Agreement of Lease and all of its terms, covenants, and provisions are and each of them is subject and subordinate to any lease or other

Subordination

arrangement or right to possession, under which the Lessor is in control of the demised premises, to the rights of the owner or owners of the demised

premises and of the land or buildings of which the demised premises are a part to all rights of the Lessor’s landlord and to any and all mortgages and other

encumbrances now or hereafter placed upon the demised premises or upon the land and/or buildings containing the same; and Lessee expressly agrees that

if Lessor’s tenancy, control, or right to possession shall terminate either by expiration, forfeiture or otherwise, then this lease shall thereupon immediately

terminate and the Lessee shall, thereupon, give immediate possession and Lessee hereby waives any and all claims for damages or otherwise by reason of

such termination as aforesaid.

24.

In the event that the premises demised or any part thereof is taken or condemned for a public or quasi-public use, this lease shall, as to the part so

Condemnation

taken, terminate as of the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of leased space taken or condemned or

shall cease if the entire premises be so taken. In either event the Lessee waives all claims against the Lessor by reason of the complete or partial taking of

the demised premises, and it is agreed that the Lessee shall not be entitled to any notice whatsoever of the partial or complete termination of this lease by

reason of the aforesaid.

25.

It is hereby mutually agreed that either party hereto may determine this lease at the end of the said term by giving to the other party prior written

Termination

notice thereof in accordance with paragraph #2. (1), but in default of such notice, this lease shall continue upon the same terms and conditions in force

of Lease

immediately prior to the expiration or the term hereof as are herein contained for a further period as specified in paragraph #2. (m), and so on from renewal

to renewal unless or until termination by either party hereto, giving the other the aforementioned written notice for renewal previous to expiration of the then

current term; PROVIDED, however, that should this lease be continued for a further period under the terms hereinabove mentioned, any allowance given

Lessee on the rent during the original term should not exceed beyond such original term, and further provided, however, that if Lessor shall have given such

written notice prior to the expiration of any term hereby created, of its intention to change the terms and conditions of this lease, and Lessee shall not within

thirty days from such notice notify Lessor of Lessee’s intention to vacate the demised premises at the end of the then current term, Lessee shall be considered

as Lessee under the terms and conditions mentioned in such notice for a further term as above provided, or for such further term as may be stated in such

notice. In the event that Lessee shall give notice, as stipulated in this lease, of intention to vacate the demised premises at the end of the present term, or any

renewal or extension thereof, and shall fail or refuse so to vacate the same on the date designated by such notice, then it is expressly agreed that Lessor shall

have the option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this lease shall continue thereafter

with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present term or any renewal or

extension thereof, as aforesaid, give the said Lessee ten days written notice of his intention to terminate the said lease; whereupon the Lessee expressly

agrees to vacate said premises at the expiration of the said period of ten days specified in said notice. All powers granted to Lessor by this lease may be

exercised and all obligations imposed upon Lessee by this lease shall be performed by Lessee as well during any extension of the original term of this lease

as during the original term itself.

26.

If Lessor is unable to give Lessee possession of the demised premises, as herein provided, by reason of the holding over of a previous occupant, or

Inability to

by reason of any cause beyond the control of the Lessor, the Lessor shall not be liable in damages to the Lessee therefore, and during the period that the

give Possession

Lessor is unable to give possession, all rights and remedies of both parties hereunder shall be suspended.

27.

Lessee agrees to pay as additional rent any and all sums which may become due by reason of the failure of Lessee to comply with any of the covenants