THIS AGREEMENT is made on the …………..day of……….20……., by the Lessor and Lessee (collectively referred to as “Parties” or individually as “Party”) and includes that Party’s successors and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged. Lessor does hereby lease to Lessee, and Lessee hereby leases from Lessor, the leased premises described in Paragraph 1 upon the following terms and conditions.
The booth to which this Agreement relates to is located at the street address of ________________________________________________________ and shall consist of an approximately ___ foot by ___ foot sized station (“Premises”) sufficient to operate the Lessee’s services. Lessee shall have the right to occupy the Premises and to operate said booth as a business open to the public.
The Premises shall be leased from the execution date for six (6) months.
The Lessee shall pay the Lessor $ ________________(contract sum) for leasing the Premises, which shall be due and payable every week.
FORM OF PAYMENT
The contract sum shall be paid through cash, check or other payment methods
The Lessee shall pay a security deposit of $ _______________at the time that this Lease is signed. This deposit will be returned to the Lessee at the termination of the Lease, subject to the option of the Lessor to apply it against Lease charges and damages. Any amounts refundable to the Lessee shall be paid at the time this Lease is terminated.
However, Lessor is not limited to the security deposit amount, and Lessee remains liable for any balance. The Lessee shall not apply or deduct any portion of any security deposit from the last or month’s contract sum. Lessee shall not use or apply any such security deposit at any time in place of the payment of the contract sum. If Lessee breaches any terms or conditions of this Agreement, Lessee shall forfeit any deposit, as permitted by law.
Lessor represents and warrants that they have the right to lease the Premises as provided in this agreement and that Lessee shall be entitled to possess the Premises quietly. Lessor will not interfere with that right as long as Lessee performs all their obligations under this agreement.
The Premises herein is in an “as is” condition, and Lessor has not made and does not hereby make any representation, warranty, or covenant expressed or implied concerning the condition, quality, durability, capability, or suitability of the Premises or against any patent or latent defects therein.
Lessor and Lessee acknowledge that the Premises has been inspected, and the Lessee accepts the Premises as being in good condition. Lessee agrees to accept the premises in their present condition.
LIABILITY OF THE PARTIES
The Lessee hereby indemnifies and holds harmless the Lessor and any party who may claim through the Lessor against any liability, claims, loss, or damage arising from the use of the Premises or this agreement.
TAXES (check one)
☐ Lessee shall pay for their portion of real estate taxes associated with the Premises. This responsibility shall only be deemed valid if the Lessor owns the Premises or the Lessor is responsible for the real estate taxes in their rental agreement with the landlord.
☐ Lessor shall pay for all taxes associated with the Premises.
USE OF THE PREMISES
The Lessee shall use the Premises carefully and only for the purposes for which it is intended and comply with all laws, rules, ordinances, statutes, and orders regarding the Premises’ use and maintenance. Lessee and Lessee’s guests, customers, invitees, and agents shall at all times comply with all Premises rules and regulations of Lessor in existence.
MAINTENANCEOF THE PREMISES
Lessor and Lessee agree that Lessee shall at all time keep and maintain the premises in a clean and neat condition and in a good state of repair. Lessor will at the expense of Lessee promptly repair any damage to the premises caused by any act or omission of Lessee or any agent, employee, customer, guest or invitee of Lessee. Lessee shall not in any manner deface or damage the premises or any part thereof. Lessee will make no structural change or other alteration to the premises without the prior written consent of Lessor.
RISK OF LOSS
Lessee assumes and agrees to bear the entire risk of loss, theft, damage, or destruction of the Premises from any cause whatsoever. In the event of such occurrence to the Premises, Lessee shall give Lessor prompt notice of the occurrence and thereafter will reimburse or place the Premises in good repair, condition, and working order. In addition, the obligations of this agreement shall continue in full force and effect through the Lease Term. For damages, the LESSOR shall have the choice to either; –
Do the repairs
Lessor agrees to provide and be financially responsible for the following utilities:
☐ Water ☐ Electricity ☐ Telephone ☐ Heat ☐ Other __________________________________.
Lessor may provide janitorial and cleaning service to the premises at his/her discretion.
PURCHASE OPTION AT THE END OF LEASE TERM
This agreement does not include an option to purchase the leased Premises.
EQUIPMENT AND PERSONAL PREMISES
Lessor agrees to provide the Lessee:
☐ Booth ☐ Chair ☐ Table ☐ Other _________________________________________.
Lessee may equip the booth with Lessee’s own equipment only with the consent of the Lessor and that it should not be unreasonably withheld unless the said equipment disrupts the everyday business.
RETURN OF THE PREMISES
Lessee will return the premises peaceably and promptly to Lessor at the end of the term of this Agreement, or at any earlier termination thereof, in as good condition as the same are at the beginning at the term of this lease, ordinary wear and tear excepted. Lessee shall pay any applicable end-of-lease costs.
The Lessee shall not transfer or assign this agreement without the Lessor’s consent. However, the Lessor may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Lessee’s consent. Lessee shall also not sublet all or any part of the premises without having first received prior written consent of Lessor, which shall not be unreasonably withheld
Mediation shall resolve any dispute under this agreement. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction. In the event of litigation, the prevailing Party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.
The Lessee shall not terminate this contract before the lapse of the six (6) month contract duration.
Late payment shall lead to immediate termination of this agreement without notice.
The termination of this agreement shall not discharge the liabilities accumulated by either Party.
Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
For this agreement, “Force Majeure” means an event which a diligent Party could not have reasonably avoided in the circumstances, which is beyond the control of a Party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered as a breach of this agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.
The Lessee shall not disclose, directly or indirectly to any other person, any information concerning this agreement, whether such information is stated to be confidential or not, without the Lessor’s written permission.
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this agreement. If any ambiguity is found in the agreement or various documents forming this agreement, the Lessor shall issue any necessary clarification or instruction. The Parties will exercise utmost good faith in this agreement.
Parties may alter this agreement subject to a written document signed by all Parties.
Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.
This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents.
The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
Any reference to the singular includes the plural and vice versa and the male gender includes the female gender and vice versa.
Parties shall be served through the following addresses; either Party may change their addressees by reasonable written notice given to the other Party.
This agreement shall be construed and enforced in accordance with the laws of the State of Maryland.
IN WITNESS WHEREOF, the Parties have executed this agreement, as set below.
Signed by the duly authorized representative of the LESSOR:Signature: …………………………………………….Name: …………………………………………….……Designation: …………………………………………Date:…………………………………………….………
Signed by the LESSEE Signature: Name: Date:…………………………………………….……
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