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NISHIKAWA, SHINJI L.

FEBRUARY 18, 2020


NEGOTIATION SEMINAR / ACTIVITY #1 ATTY. GOQUINGCO

LEASE AGREEMENT NEGOTIATION PROPOSAL

SECTION 1. LEASED PREMISES


 Parking Spaces
o Specific allocation of additional parking spaces located on the 3 rd, 4th, and 5th
floor of the leased property. Proposed allocation is three (3) parking spaces for
each floor.
 Open Area
o Non-compliance with the maintenance and cleanliness of the open area entitles
the LESSOR to charge penalties on the LESSEE.
o Define “open area”
 Zoning
o Failure to occupy minimum of nine (9) floors only entitles the LESSEE the sole use
of one (1) elevator.

SECTION 4. RENEWAL
 Limit number of allowable renewal of contract up to two (2) times only.
 Rate for the 1st year of the new lease term shall be subject to a maximum increase and
maximum decrease of 25% of the rental rate on the 10th year of this Contract of Lease.

SECTION 5. EARLY TERMINATION


 Penalty equivalent of one (1) year instead of six (6) months subject; security deposit
may no longer be refunded.

SECTION 6. RENTS
 Payment of rent should be made by means of postdated check;
 Specify authorized persons to be named in the issued check;
 DELETE paragraph (e); Redundant, already mentioned in Section 1. Open Area
 DELETE paragraph (f)
 Additional parking spaces should be charged the same as the other parking spaces
 DELETE last paragraph

SECTION 8: HAND-OVER CONDITION


 Specify the quantity of items to be provided by the lessor

SECTION 9: FIT OUT PERIOD


 LESSEE should only be entitled to three (3) months fit-out period

SECTION 11. RESTRICTION ON USE


 Use of the Leased Premises for the purpose prohibited or contrary to law, morals, or
public policy should be strictly prohibited.

SECTION 14. TENANTABLE AND SECURE CONDITION


 Maintenance of the leased premises shall be the obligation of the LESSEE during the
existence of the lease contract.

SECTION 23. HOLD-OVER


 REMOVE; Failure to give notice of extension shall constitute non-renewal of the
contract. Non-surrender of the Leased Premises after the lapse of the term subjects the
LESSEE to penalty as may be deemed proper.

ADDITIONAL PROVISIONS:

 PENALTY CLAUSE: Violation of any of the provisions of the contract constitutes


automatic termination of the contract and shall be subjected to necessary damages and
penalties.

 Confidentiality Clause: All matters, of whatever nature, concerning the contract of lease
between the parties shall be confidential unless required by Philippine authorities,
existing law or regulation, or for LESSEE’s internal use or the use of its attorneys,
accountants, other agents and professionals assisting LESSEE in connection with this
lease.

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