Professional Documents
Culture Documents
This Contract of Lease is made and entered into this _____ day of July,
2021 at _______ City, Philippines, by and between:
- and -
W I T N E S S E T H:
That for and in consideration of the payment of the rent and the
compliance with all the conditions and covenants hereinafter contained, the
LESSOR, has agreed to lease, demise, as it does hereby lease, let and demise,
unto the LESSEE, and the latter has agreed to accept, as it does hereby accept,
under lease, the promises know and designed as:
“ The 2nd and 3rd Floors of
___________ City as per agreed
Floor plan hereto attached as Annex “A” plus two
(2) allocated parking spaces on the premises.”
1. This lease shall be for a period of FIVE (5) years which shall commence
on the 1st day of September, 2021 and shall expire on the 31 st day of
August, 2026.
2. For the first two (2) years of the lease period, the LESSEE agrees to pay
the LESSOR or his authorized representative for the use of the leased
premises, a monthly rental of ___________plus twelve percent (12%)
VAT and less five percent (5%) withholding tax or a net rental of
___________ per month. The above-stated lease rate shall be increased
at the rate of seven percent (7%) on the third year of the lease period and
every year thereafter until the fifth and last year.
3. The premises hereby leased shall be used exclusively for the following
commercial purposes only: ___________. The premises hereby leased
by the LESSEE and the latter shall not divert the premises to other use
without the prior written consent of the LESSOR, it being expressly agreed
that if, at any time during the existence of this lease, and without the
previous written consent of the LESSOR, the said premises are used for
other purposes, the LESSOR has the choice to (a) rescind this contract in
accordance with Par. 24 hereof, or (b) increase the rent, or (c) compel the
LESSEE to stop the new activities;
7. The LESSEE shall provide himself/itself with, at LESSEE’s own cost and
expenses, with receptacles which the city ordinance require to hold and
contain waste matter, garbage and refuse, and shall deposit them with the
leased premises or such places as not be designated by the LESSOR.
The LESSEE shall not bring into or store in the leased premises
anything of highly flammable or explosive nature, nor install therein any
apparatus, machinery or equivalent which may cause obnoxious tremors
or noise, or which may expose the leased premises to fire or increase the
fire hazard of the building or change the insurance rate of the buildings, or
any other article which the LESSOR may reasonably prohibit: it being
understood and should be the LESSEE do so, not only shall the latter be
responsible for all damages such violation may cause the LESSOR and/or
its other tenants by the LESSOR shall, in addition thereto, have the right
to cancel this contract. If the LESSEE shall so use the building, or deposit
therein any such matter as to result in any increase in the rate of the
insurance payable, the increase shall be for the account of the LESSEE.
The LESSEE shall comply with all reasonable rules and safety
regulation which may be promulgated from time to time by the LESSOR or
the administration of the building and with all the rules, regulations,
ordinances and laws made by the health department or any other fully
constituted from or regarding the use, occupancy and sanitation of the
leased premises.
The LESSEE shall indemnify and hold harmless the said LESSOR
against all actions, suits, damages and claims, by whomsoever they may
be brought or made by reason of the non-observance or non-performance
of the said rule, regulations, ordinance or laws or of any of the covenants
of this section, without prejudice to the right of the provisions hereinafter
contained.
8. That the LESSEE shall apply on its/his/her own and pay for its/his/her
electric, water and/or telephone services or other utilities not provided by
the LESSOR, the LESSEE specifically binds its/his/herself that it/he/she
will pay the rental, water and electrical bill on due date and that time is of
the essence in the payment of the same, failure of the LESSEE to pay the
rental, water and/or electric bill on the due date will authorize the LESSOR
to cut-off or disconnect the water/electrical connection of the LESSEE
after the LESSOR has given the LESSEE a 24 hours prior notice, the
LESSEE shall not render LESSOR to any liability for damage sustained or
may be sustained by the LESSEE by reason of or connected therewith.
9. The LESSEE hereby assumes full responsibility for any damages which
may be caused to the person or property of third persons while remaining
either casually or on business in any part of the premises leased to the
LESSEE and further binds himself to hold the LESSOR free from any
such claims for injury or damage unless such injury or damages in due to
the gross negligence of the LESSOR.
a) For the presence of bugs, vermin, ants, anay, insects if any, in the
leased premises; or
b) For the failure of water supply and/or electric current; or
c) For any article delivered or left to any of the employees; or
d) For any injury, loss or damage which the LESSEE, his agents or
employees might sustain in the premises due to any cause
whatsoever.
e) For any damage done or occasioned by, or arising from plumbing,
water, and/or pipes, or the bursting, leaking or destruction of any
cistern, tank, waste stand, water closet, or water pipe in, above,
upon or about the leased premises, nor for any damages arising
from acts, or negligence of the LESSEE or its against employees,
representatives or any and all other person.
11. The LESSOR or its authorized agents shall by previous arrangement with
the LESSEE, have the right to enter the leased premises at any time to
examine the same, or for any purpose which it may deem necessary, for
the operation or maintenance of the building or its installations, and,
during the last three months of the term of the lease, to exhibit the leased
premises to prospective tenants.
12. The LESSEE shall at all times allow and give access to the LESSOR to
the leased premises for the purpose of making repairs, remodeling, or
repainting, or to undertake all works necessary for the prevention,
conservation, improvement or decoration of the building or any part
thereof. No compensation or claims shall be allowed against the LESSOR
by reason of the inconvenience, annoyance or injury to the LESSEE’s
business that may arise by virtue of the undertaking any work under this
provision.
13. That the LESSEE specifically binds himself/herself/itself to pay the rentals
water and electric bills on due dates as time is of essence in the payment
of the same. Failure of the LESSEE to pay the current electric/water bills
within the 10th days of the next proceeding month will authorize the
LESSOR to cut off or disconnect the water/electric connection of the
LESSEE after the LESSOR has given the LESSEE, a 24 hours prior
notice. Should the LESSEE still refuse and fail to update his account with
the LESSOR, the LESSEE by virtue hereof, hereby expressly appoints the
LESSOR as his agent with authority to open, enter and take full
possession of leased premises padlock it, if necessary, and in the
presence of any peace office, or policeman, to take inventory of the
LESSEE’s equipment, furniture, articles, effects, and merchandise etc.,
and to place the same in its (LESSOR) possessions for safekeeping. In
case the LESSEE fails to claim said equipment, furniture, articles, effects
and merchandise or liquidate his/her/its liabilities with the LESSOR within
thirty (30) days from the date of taking possessions, by the LESSOR, shall
automatically confer right upon the LESSOR, to dispose of said properties
in a private sale and to apply the proceeds thereof to satisfy whatever
indebtedness the LESSEE may have with the LESSOR in connection
therewith and the balance, if any shall be given to for taking above
remedial actions;
14. The LESSEE shall not assign or transfer its right in this nor sublease or
sublet all for any party of the leased premises without the prior written
consent of the LESSOR, and no title or interest thereto shall be
considered on or vested in anyone other than the LESSEE without such
written notice.
15. In the event that the expropriation proceedings are instituted during the
period of this lease by any instrumentality of government or by any other
entity with authority to exercise such power, either party may rescind this
contract should the leased premises become no longer useful for the
purpose of the lease, upon giving the other party thirty (30) days previous
written notice thereof. In case of such expropriation proceedings, without
prejudice to whatever recourse the LESSEE may have against the
expropriating entity on account of damage done or caused to its
properties.
16. The LESSOR reserves the right to revise the rent agreed upon on the next
lease renewal in case of increase in utility charges, insurance rate, wages,
City and/or National fees, taxes, cost of living and consumer’s index as
well as in the case of change in the present assessment of the building or
land, or both on which it is erected, or in the event of the levy or special
assessment on the property and to apportion such assessment among all
the tenants of the building.
18. The LESSEE agrees to return and surrender the leased premises at the
expiration of the term of this lease in as good condition as reasonable
wear and tear will permit and without any delay whatsoever, devoid of all
occupants, furniture, articles and effects of any kind other than such
alteration, installations, additions or improvements which the LESSOR
may elect to take.
20. This lease does not extent to the outside portion of the building
corresponding to or opposite the leased premises, and the painting,
putting or affixing or business notices, signs, or other advertising medium
in accordance with paragraph No. 4 of this contract shall not be construed
as an extension of this lease on the outside of this building.
21. In case the leased premises shall be deserted or vacated before the
expiration of this lease, the LESSOR shall have the right to enter the
same agent of the LESSEE either by force or otherwise, without being
liable to any prosecution therefore, the LESSOR shall furthermore have
the option to relet the same as the agent of the LESSEE, to receive the
rent therefore, and apply the same to the payment of the rent due
hereunder, holding the LESSEE liable for any deficiency.
22. That the LESSEE shall not make any connection for plumbing, water, gas
and/or other pipes without the permission of the LESSOR and shall be
liable for damages to the LESSOR for any such authorized connection
may cause the leased premises. Said LESSEE will likewise hold the
LESSOR free from any liability from any damage cause to third persons
by reason of the non-observance of this provisions.
23. The failure of the LESSOR to insist upon a strict performance of any of the
terms conditions and covenants hereof shall not be deemed a
relinquishment of waiver of any rights or remedy that said LESSOR may
have nor shall it be construed as a waiver of any subsequent breach of
default of the terms, conditions and covenants hereof, which terms and
conditions shall continue to be in full force and effect. No waiver by the
LESSOR of any of its rights under this contract shall be deemed to have
been made unless expressed in writing and signed by the LESSOR.
24. The LESSEE agrees that all covenants and agreements herein contained
shall be essential conditions hereof and that if default or breach be made
of any such conditions then the LESSOR shall have the right to terminate
and cancel this contract, whether judicially or extra-judicially, upon six (6)
months prior written notice delivered at the leased premises or posted in
the main door thereof. Upon such termination or cancellation, the
LESSOR may forthwith the premises and exclude the LESSEE therefrom,
whether forcefully or otherwise, without incurring any civil or criminal
liability.
_______________________ _______________________
Lessor Lessee
_____________________ ________________________
ACKNOWLEDGEMENT