Commercial Lease Agreement - AUQLDRECM013

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22 Oct 2018 v3.6

Additions / Changes:

 

Clause 11.3

On the giving of 2 days notice to the Tenant, the Landlord may at reasonable times enter the Premises for the purposes of:

(1)

inspecting the Premises; or

(2)

viewing the state of repair of the Premises; or

(3)

performing any building and other repair work in accordance with Clause 11.2(1) and 11.2(2) or those works that the Tenant has failed to complete in accordance with Clause 9.1(5); or

(4)

carrying out requirements of public authorities, and repairs under the lease; or

(5)

in the case of a proposed sale or reletting of the Premises:


(a)

showing the Premises to prospective purchasers or tenants; and/or


(b)

erecting sale or lease signage at the Premises.

 

02 Aug 2018 v3.5

Additions / Changes:

 

Item 3

Name:     ………………………………………………………………………………………………………………

Address:  ………………………………………………………………………………………………………………

ABN:………………… Phone: (…)……………… Fax: (…)………………… Mobile: …………………….

Email:     ………………………………………………………………………………………………………………

 

Item 4

Name:     ………………………………………………………………………………… DOB: …… / …… / ……

Address:  ………………………………………………………………………………………………………………

ABN:………………… Phone: (…)……………… Fax: (…)………………… Mobile: …………………….

Email:     ………………………………………………………………………………………………………………

 

Item 5

(1)

Name:      ……………………………………………………………………………………………………

Address:   ……………………………………………………………………………………………………

ABN:        …………….. Phone: (…)………………… Fax: (…)……………… Mobile: ………………

Email:       ……………………………………………………………………………………………………

(2)

Name:      ……………………………………………………………………………………………………

Address:   ……………………………………………………………………………………………………

ABN:        …………….. Phone: (…)………………… Fax: (…)……………… Mobile: ………………

Email:       ……………………………………………………………………………………………………

 

Item 11

Name:     ………………………………………………………………………………………………………………

Address:  ………………………………………………………………………………………………………………

ABN:………………… Phone: (…)……………… Fax: (…)………………… Mobile: …………………….

Email:     ………………………………………………………………………………………………………………

 

Item 14

Public Liability (including product liability) cover: $ …………………………………….

Additional requirements Other:

 

 

 

Clause 20

Throughout the Lease Term the Tenant must:

(1)

obtain and maintain insurance policies in its name and noting the Landlords interest required to cover all stock, furnishings and plant and equipment, including fixtures and improvements owned or installed by the Tenant in the Premises, for the full insurable value against loss or damage including fire with standard extension coverage for not less than 90% replacement cost all reasonable risks as required by the Tenant;

(2)

have the following insurances:


(a)

legal/public liability insurance cover for a minimum of 10 million dollars; and


(b)

plate glass insurance against all risks specified by the Landlord;

(3)

ensure that all current insurance policies or those required by the Tenant under this Agreement:


(a)

have been approved by the Landlord; and


(b)

are taken out in the join names of the Landlord and the Tenant for their respective rights and interests


(b)

cover the agreed risks in accordance with Item 14 and contain conditions acceptable to the Landlord and the Landlord’s insurer;

(4)

upon request provide copies and provide certificates annually for each insurance policy confirming the currency of such policies to the Landlord.

 

07 May 2018 v3.4

Additions / Changes:

 

Title

COMMERCIAL LEASE AGREEMENT

(where the Lease is for a Term of 3 years or less)

(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item - e.g. ‘Refer Additional Expenses Annexure’)

 

Item 5 Header

GUARANTOR/S

If more than (2) Guarantors, attach additional names as a schedule to the Special Conditions

 

Clause 1(1)

Agreement:  this Commercial Lease Agreement consisting of the Item Schedule, and the Terms and Conditions of Agreement and any attached additional schedules and special conditions that may be attached.  

 

Clause 1(5)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions (Queensland) Act 2001 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Clause 1(14)

Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.

 

Clause 6.3

Upon the Tenant, having complied complying with Clause 6.1 and 6.2, the Landlord will grant a further lease of the Premises to the Tenant on the same Terms as this Agreement subject to Clause 6.4, excluding Item 8 and this Clause and otherwise varying Item 6 as to the Lease Commencement and Lease End Date.

 

Clause 9.1(7)

at all times in its use of the Premises, comply with the requirements of the Building Fire Safety Regulation 2008, the Queensland Fire and Rescue Emergency Service and the laws and regulations for the time being in force relating to fire safety requirements and the Landlord’s reasonable requirements for fire safety and fire drills.

 

Clause 9.1(9)

ensure where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached such label or instruction is not  defaced, damaged or removed.

 

Clause 11.5

Where particulars of the Land are registered in the contaminated land register give notice to the Tenant in accordance with section 407 of the Environmental Protection Act 1994.

 

Clause 29

Notices

29.1

Any notice to be served on any party under this Agreement shall be in writing and may be served on that party:


(a)

by delivering the notice to the party personally; or


(b)

by leaving it for the party at the party’s address as stated in Items 3, 4 and 11; or


(c)

by posting it to the party, by registered mail as a letter addressed to the party at the address as stated in Items 3 or 4; or


(d)

by facsimile to the party's facsimile number in Items 3 or 4.

29.2

A notice served by post shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the notice would be delivered.

29.3

Notices must be served before 5pm on a Business Day, failing which, such Notice will be deemed to have been served on the next Business Day.

 

Clause 32

Related Documents / Notices / Electronic Communication

32.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

32.2

A Related Document to be served on any party under this Agreement shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Agreement; or


(3)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Agreement; or


(4)

by electronic communication to the party at the appropriate electronic address as stated in this Agreement; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 32.2(1) to (4) above.

32.3

A document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the document would be delivered.

32.4

A document sent by electronic communication will be deemed to have been received in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001.

32.5

Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

32.6

Documents must be served before 5pm on a Business Day, failing which, such document will be deemed to have been served on the next Business Day.

32.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

32.8

The parties agree to execution, delivery and service of documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

Clause 33

Provision of Documents

The parties agree and confirm this Agreement may be forwarded electronically if the recipient has provided an address for Electronic Communication in the Item Schedule to this Agreement.

 

Clause 34

Safety

Where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached the Tenant is not to deface, damage or remove such label.

 

01 Jun 2017 v3.3

Additions / Changes:

 

Clause 11.1

On delivery of possession of the Premises the Landlord will ensure the Premises:

(1)

are clean, safe and fit to occupy

(2)

comply with state and local building regulations

(3)

have, where required under the Work Health and & Safety Regulation 20112 (Qld), a current asbestos register and asbestos management plan.

 

11 Jun 2015 v3.2

Copyright statement updated.

 

01 Mar 2015 v3.1

Additions / Changes:

 

Item 1

Address: …………………………….………………….…………………………….…………..………..…..…...

             ………………………………………………..……………………………….………..…………………

Description: ………………………………..………………..….……(e.g.as shown on attached diagram plan)

Lot No. ………… on Plan ………… Title Reference: ………..… Area of Premises: ………… m² (approx.)

 

Item 4

Name: …………………………………………………………………………………….. DOB: ..…./…... /……. Address:………………………………….…………………………………………………………………………..

ABN: …………………..  Phone: ………….…………. Fax:……….……………. Mobile:……………………..

Email: …………………………………………………………………………………………………………………

 

Item 7

Annual Rent Payable year one:  $………..…… including/excluding/plus GST per annum.

Monthly Rent $ …………… including/excluding/plus GST payable in advance on the: …………………  Rent Review Basis Type: CPI / Current Market Rent/ Other (if other, see Special Conditions)

Date of Initial Rent Review: …………..................................................................................................

And thereafter: ……………......………………………………………..……………….………….(e.g. annually)

Payable to: ……………………………….…………………………..……………………………………………..

Bank / Building Society

Bank: ……………….……………………..…… Branch:  ………………………… BSB:………………………

Account Name: ……………………………………..……………… Account Number: …………..……………

 

Item 10 Title

Deposit / SECURITY BOND

 

Item 12

Payable by Tenant:  __ Yes  __ No

Payable: weekly / fortnightly / monthly in advance on the: …………………….………………..  

Tenant’s proportion / percentage: ……………………………………………………………….....…..

(see attached Outgoings Schedule if applicable)

 

Item 1(3)

Commercial Building: means the building or buildings used for carrying on commercial activities of which the Premises are a part.

 

Item 1(8)

Item: means items detailed in the Item Schedule of this Lease Agreement.

 

Item (10)

Landlord’s Outgoings: include expenses incurred by the Landlord with respect to the Land and Commercial Building including:

(1)

all government and local government rates and charges on the Land including water and sewerage rates, general rates and fire levy

(2)

periodic charges such as insurance premiums

(3)

repair, maintenance and painting (excluding structural matters and major repairs)

(4)

body corporate fees and levies payable by the Landlord in respect to the Premises.

 

Item 1(13)

Security Bond: a cash bond or bank guarantee in the amount as set out in Item (10) adjusted annually in accordance with rental increases.

 

Item 1(14)

Security Interest: means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation has the meaning given it in accordance with Section 12 of the Personal Property Securities Act 2009 (Cth).

 

Clause 3.2

Where the Tenant has paid a deposit on signing an Offer to Lease for the Premises, such deposit will be credited to the Deposit required under Item (10.1).

 

Clause 3.3

The Deposit is to be applied against Rent at the commencement of the Lease Term.

 

Clause 6.2

An option to extend the Lease Term of the Agreement shall only be granted by the Landlord if the Tenant has complied with the Terms of this Agreement and has not breached them in any way such that there is no existing or unremedied breach or default at the date of exercise of the option.

 

Clause 9.1(4)

immediately on receipt of notice pay to the Landlord the Landlord’s Outgoings in accordance with Item (12) no later than the due date specified in the Schedule.

 

Clause 11.1

On delivery of possession of the Premises the Landlord will ensure the Premises:

(1)

are clean, safe and fit to occupy

(2)

comply with state and local building regulations

(3)

have, where required under the Work Health & Safety Regulation 2012, a current asbestos register and asbestos management plan.

 

Clause 15

Personal Property Securities

15.1

Security Interest notification

The Tenant must notify the Landlord on or before the Commencement Date if any of the personal property owned or used by the Tenant which will be either located in the Premises or relevant to this Agreement is subject to any Security Interest.

15.1

Exclusion of Personal Property Securities Act 2009 (Cth) (PPS Act) provisions.

To the extent the law permits:

(a)

the Tenant waives its rights to receive notifications, verifications, statements, disclosures, proposals and any other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPS Act;

(b)

the Landlord and the Tenant agree that sections 96, 125, 129, 142 and 143 of the PPS Act do not apply to this Agreement.

 

Clause 16

Registration and Release of Security Interest

16.1

Where registration or release of a Security Interest is required each party will do all things reasonably necessary to facilitate such registration or release.

16.2

The Tenant agrees the Landlord may register a Security Interest over any of the personal property (including Security Bond) owned or used by the Tenant which is either located in the Premises or relevant to this Agreement.

16.3

The Tenant having complied with its obligations under the Agreement and not being otherwise in default the Landlord will release any Security Interest over the Tenant’s personal property at the end of the Lease Term or any extension of the Lease Term.

 

Clause 17.1(e)

a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Premises with such a label or instruction attached.

 

Clause 33

The parties agree and confirm this Agreement may be forwarded electronically if the recipient has provided an email address or facsimile for Electronic Communication number in the Item Schedule to this Agreement.

 

Clause 34

Safety

Where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached the Tenant is not to deface, damage or remove such label.

 

22 Jun 2012 v3.0

Additions / Changes:

 

Clause 1(12)

Security Interest: means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation. See Section 12 of the Personal Property Securities Act 2009.

 

Clause 12.5

Any dispute under this Clause will be determined by an independent Valuer appointed by the president of the Australian Property Institute (Queensland Division) at the request of either the Landlord or the Tenant. The Valuer will act as an expert and not an arbitrator; his determination will be final and binding. including the determination and payment of costs.

 

Clause 12.6

The costs of the dispute will, unless otherwise determined by the Valuer, be paid equally by the parties.

 

Clause 14

The Tenant is not entitled to deal with the Lease or other assets of the business on, in or from the leased Premises by way of security or by way of creating a security interest, without first having obtained the Landlord’s consent, which consent, is at the sole discretion of the Landlord and may be granted upon such terms and conditions as the Landlord considers reasonable.

 

Clause 17

If a requirement for a Security Bond is provided for in Item (10) the Tenant must lodge with the Landlord a cash deposit in the amount provided for in Item (10), or arrange for the issue of an unconditional bank guarantee, in favour of the Landlord, for the purpose of securing the performance by the Tenant of its obligations under this Agreement.

17.1

If a requirement for a Security Bond is provided for in Item (10), for the purpose of securing the performance by the Tenant of its obligations under this Agreement, the Tenant must:

(a)

lodge with the Landlord a cash deposit; or

(b)

arrange for the issue of an unconditional bank guarantee, in favour of the Landlord which does not have an expiry date.

17.2

On the sale or the transfer of the Premises the Landlord may assign its right with respect to the Security Bond to the purchaser and upon notifying the Tenant the Landlord will be released from all obligations in relation to the Security Bond.  Where the Security Bond is not assignable, the Tenant will cause a replacement guarantee to be issued in favour of the purchaser the reasonable costs of which will be met by the Landlord.  Where a replacement Security Bond has been issued the original must be released to the Tenant.

17.3

The Landlord may apply the Tenant’s Security Bond towards compensation for any loss or damage incurred or sustained by the Landlord due to the Tenant’s failure to comply with any of its obligations under this Agreement.

17.4

The Landlord’s exercise of its rights with respect to the Security Bond does not prejudice any other rights of the Landlord arising from a breach of the terms of the Agreement.

17.5

The Landlord will as soon as practicable after the end of the Lease Term or any extension of the Lease Term cause to be released, subject to any unsatisfied claim under Clause 17.3, the Security Bond to the Tenant.

 

30 Jan 2012 v2.9

Additions / Changes:


Clause 9.3

If the Tenant fails to remove the Tenant’s Chattels as required by Clause 9.2 the Landlord may:

(a)

remove and store the Tenant’s Chattels at the Tenant’s risk and expense; or

(b)

treat the Tenant’s Chattels as if the Tenant had abandoned its interest in it and the Tenant’s Chattels has become the Landlord’s property and may deal with it as the Landlord thinks fit without being liable to account to the Tenant.


Clause 14

The Tenant is not entitled to deal with the Lease or other assets of the business on, in or from the leased Premises by way of security without first having obtained the Landlord’s consent, which consent, is at the sole discretion of the Landlord and may be granted upon such terms and conditions as the Landlord considers reasonable.

 

01 Nov 2011 v2.7

Additions / Changes:


Item 7

Rent Review Type: CPI / Current Market Rent / Other (if other, see Special Conditions)


Item 8.2

Option Detail:  (1) Term: ………………………………………………………………………………………………

                     (2) Rental Year one: Tick ONE only

o Current Market Rent Review (see Clause 6.4)    

o Other (insert as a Special Condition)


Clause 1(6)

Initial Rent Review Date: the initial date the rental amount charged to the Tenant is reviewed (as provided in Item (7) of the Item Schedule)


Clause 1(7)

Item: means items detailed in the Item Schedule of this Lease Agreement.


Clause 1(10)

Lease Term: the period of time set out in Item (1) of the Item Schedule.


Clause 1(11)

Premises: the premises referred to in Item (1) of the Item Schedule.


Clause 1(13)

Valuer’s Institute: Means the Australian Institute of Valuers and Land Economists (Inc) Queensland Division.


Clause 2(5)

column notes in the Item Schedule form part of this Agreement. the Item Schedule and any attached addendum pages and annexures shall form part of this Agreement.


Clause 5.6

If specified in Item (7) that the Rent amount is to be reviewed in accordance with Current Market Rent Review


Clause 5.6(1)

The Landlord may at any time not less than thirty (30) days prior to the date stated in Item (7) of the Item Schedule (Initial Rent Review Date) give written notice to the Tenant of the amount of Rent the Landlord believes is the Current Market Rent for the Premises as at the Initial Rent Review Date.


Clause 5.6(3)

If the Landlord gives written notice in accordance with Clause 5.6(1), the Tenant may give written notice to the Landlord within twenty-one (21) days of receipt of the Landlord’s notice disputing the Landlord’s assessment of the Current Market Rent.


Clause 5.6(5)

If the Tenant gives notice in accordance with Clause 5.6(4), the Current Market Rent will be determined by an independent Valuer appointed by the parties or failing agreement, nominated by the President for the time being of the Australian Property Institute (Queensland Division) on the Application of the Landlord or Tenant as follows:

(a)

The Market Rent will be determined by a person (the Arbitrator) who has been a member of the Valuer’s Institute for at least five (5) years nominated by the President for the time being of the Valuer’s Institute on the Application of the Landlord or Tenant;

(b)

The Arbitrator will act as an Arbitrator in accordance with the Commercial Arbitration Act 1990; and


Clause 5.6(6)

The Valuer Arbitrator will determine the Current Market Rent of the Premises assuming:

(1)

that the Tenant has complied with all obligations including those relating to and repair and decoration imposed by this Agreement;

(2)

that the lease covenants continue other than for quantum of rent; and/or

(3)

any improvements made to the Premises by the Tenant had not been made.


Clause 5.6(7)

In any case, Current Market Rent or other, the Rent shall not be less than the rental charged at the expiration of the prior term.


Clause 5.6(8)

Once determined, the rental will be payable from the Initial Rent Review Date.


Clause 5.6(9)

The Landlord and the Tenant shall equally share any costs incurred relating to a rental determination under Clause 5.6.


Clause 6.3

The Tenant, having complied with Clause 6.1 & 6.2, the Landlord will grant a further lease of the Premises to the Tenant on the same Terms as this Agreement subject to Clause 6.4 excluding Item (8) of the Item Schedule and this Clause and otherwise varying Item (1) of the Item Schedule as to the Lease Commencement and Lease End Date.


Clause 6.4

Rental for the further term will be:

(a)

as agreed between the parties

Or failing agreement:

(b)

as provided in Item (8.2).

(c)

Provided however, where the rental is to be determined by market review, the Current Market Rent, it will be determined in accordance with the provisions of Clause 5.6 provided in such case the initial Rent Review Date will be 60 days prior to the expiry of the then current term and the Rent determined will be payable from the commencement date of the new term. by a Valuer within a reasonable time (not less than two months) prior to expiration of the current Term.

(d)

in any case market rent or other, the rent shall not be less than the rental charged at the expiration of the prior term.Clause 6.3(e)

(e)

once determined, the rental for the future term will be payable from the commencement date of the new term.


Clause 6.5

The Landlord and the Tenant shall equally share any costs incurred relating to a rental determination under Clause 6.4


Clause 9.1(4)

immediately on receipt of notice pay to the Landlord, the Landlord’s Outgoings in accordance with Item (12) of the Item Schedule no later than the due date specified in the Schedule.


Clause 12.5

Any dispute under this Clause will be determined by an independent a Valuer appointed by the president of the Australian Property Institute Incorporated (Queensland Division) at the request of either the Landlord or the Tenant. The Valuer will act as an expert and not an arbitrator; his determination will be final and binding including the determination and payment of costs.


Clause 14.1

The Tenant indemnifies the Landlord from and against all claims, demands, losses, damages and expenses including legal actions the Landlord may sustain or become liable for during or after this Agreement arising from:

(a)

neglect or default by the Tenant or Tenant’s employees or any person for of whom the Tenant is legally responsible; or

(b)

the Tenant’s failure to give notice of service defects; or

(c)

damage to person or property caused or contributed to by the Tenant or Tenant’s employees; or

(d)

anything the Landlord is permitted or required to do under this Agreement unless the claim has arisen due to the negligence of the Landlord or its employees or contractors.


Clause 15.2(a)

re-enter and take possession of the Premises (by force if necessary) and eject the Tenant and all other persons and this Agreement will terminate; or


Clause 16

If a requirement for a Security Bond is provided for in Item (10) of the Item Schedule the Tenant must lodge with the Landlord a cash Deposit in the amount provided for in Item (10) of the Item Schedule or arrange for the issue of an unconditional bank guarantee, in favour of the Landlord, for the purpose of securing the performance by the Tenant of its obligations under this Agreement


Clause 17.1(3)(1)

have been approved by the Landlord


Clause 24

Dispute Resolution

24.1

In case of disputes under this Agreement the Valuer has full authority to make final and binding decisions in situations where the Valuer is appointed by both parties to resolve such disputes.

24.2

The Landlord and the Tenant shall equally bear all costs in relation to a Valuer being appointed, unless otherwise specified.  Such an appointment will be deemed an appointment under Clause 6.4. Clause 24


Clause 28

Should any court or tribunal of competent jurisdiction determine any term, provision or obligation of this Agreement to be void, illegal or unenforceable by law, that term, provision or obligation must be read down to the extent possible or removed from the Agreement and whilst keeping the operation of the remainder of the Lease in effect.


Clause 30

The parties agree and confirm this Agreement documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

 

21 Apr 2011 v2.6

Additions / Changes:


Item 1

Address: …………………….……...…………….………………………………….…………..…………..…...

…………………………………………….……………………….……………………………..…………………

Description: ……………………..………………………………………………….……(e.g.as shown on plan)

Lot No. ………… on Plan  ………… Title Reference: ………..… Area of Premises:……..… m² (approx.)

Lease Commencement Date:…./.…/…. Lease End Date:…./..…/….

Lease Term:…...........................................…... Area of Premises:…………..………………m²(approx.)


Item 5(2)

Name: ……………..…………………………..……………………………………………………………………

Address: ……………………………………………..……………………………………………………………..

ABN: …………………..  Phone: …………..………. Fax:………..…………. Mobile:………………………..

Email: …………………………..…………………………………………………………………………………..


Item 6

Lease Commencement Date: …….…/………../…………..   Lease End Date: ……..../……...…/………..

Lease Term: ………………………………………………………………………………………………………..


Item 7

Rent Payable year one:  $………..…… including/excluding/plus GST per annum.

Monthly Rent $ ……………… including/plus GST payable weekly/fortnightly/monthly in advance on the: …………………………………………….


Item 13

Provided: __ Yes  __ No   Number allocated: …………………    License Agreement: __ Yes  __ No

Description (car park location):.………………………………………………………………………………….


Clause 1(3)

Consumer Price Index (CPI): is the Consumer Price Index (All Groups Index) for Brisbane as published by the Australian Statistician.


Clause 7.3(c)

carry on any illegal activities or activities which could or interfere with the rights of other tenants; or


Clause 7.3(e)

not to operate audio equipment at a volume that can be heard external to the Premises.


Clause 7.3(f)

erect any signage on the exterior of the Premises without the Landlord’s consent.


Clause 7.3(g)

carry out an auction on the Premises.


Clause 7.3(h)

use any chemicals, burning fluids, volatile or explosive substances except in the normal course of the Tenant’s business permitted under this Agreement.


Clause 7.3(i)

except in the case of emergency, interfere with any fittings, fixtures or services including air conditioning or fire equipment without first obtaining the Landlord’s consent.


Clause 17.1(2)

have the following insurances:


Clause 29

Should any court or tribunal of competent jurisdiction determine any term, provision or obligation of this Agreement to be void, illegal or unenforceable by law, that term, provision or obligation must be read down to the extent possible or removed from the Agreement and whilst keeping the operation of the remainder of the Lease in effect.


Clause 31

The parties agree and confirm documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

 

01 Nov 2010 v2.5

Additions / Changes:


Item 14 Note

The Special Conditions are inserted under instruction from a party to this Agreement and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent.  No legal advice has been given or warranty provided by the Agent.  Legal advice should be sought.


Item 15 Warning

WARNING: By signing this Agreement the parties confirm that no legal advice as to the conditions contained herein was provided by an Agent. The parties have been advised to seek legal advice with respect to this Agreement.


Clause 1(1)

Agreed Commission: the amount of commission specified in an agreement between the Landlord and the Landlord’s Agent.


Clause 30

The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

 

05 Feb 2010 v2.4

Additions / Changes:


Item 6

Rent Payable year one:  $………..…… including/ excluding/ plus GST per annum


Clause 1(7)

Initial Rent Review Date: the initial date the rental amount charged to the Tenant is reviewed (as provided in Item (6) of the Item Schedule)


Clause 1(14)

Valuer’s Institute: Means the Australian Institute of Valuers and Land Economists (Inc) Queensland Division.


Clause 5.6

If specified in Item (6) that the Rent amount is to be reviewed in accordance with Market Rent Review:

(1)

The Landlord may at any time not less than thirty (30) days prior to the date stated in Item (6) of the Item Schedule (Initial Rent Review Date) give written notice to the Tenant of the amount of Rent the Landlord believes is the Market Rent for the Premises as at the Initial Rent Review Date.

(2)

If the Landlord does not give written notice in accordance with Clause 5.6(1) in respect of the Initial Rent Review Date, the Rent payable for the lease year commencing from that Initial Rent Review Date will be calculated in accordance with Clause 5.4.

(3)

If the Landlord gives written notice in accordance with Clause 5.6(1), the Tenant may give written notice to the Landlord within twenty-one (21) days of receipt of the Landlord’s notice disputing the Landlord’s assessment of the Market Rent.

(4)

If the Tenant does not give notice in accordance with Clause 5.6(1), the amount set out in the Landlord’s notice will be the Rent payable from the Initial Rent Review Date.

(5)

If the Tenant gives notice in accordance with Clause 5.6(4), the Market Rent will be determined as follows:

(a)

The Market Rent will be determined by a person (the Arbitrator) who has been a member of the Valuer’s Institute for at least five (5) years nominated by the President for the time being of the Valuer’s Institute on the Application of the Landlord or Tenant;

(b)

The Arbitrator will act as an Arbitrator in accordance with the Commercial Arbitration Act 1990; and

(c)

The Arbitrator will determine the Market Rent of the Premises assuming:

(1)

that the Tenant has complied with all obligations and repair and decoration imposed by this Agreement;

(2)

that the lease covenants continue other than for quantum of Rent; and/or

(3)

any improvements made to the Premises by the Tenant had not been made.

 

17 Nov 2009 v2.3

Additions / Changes:


Item 6

Initial Rent Payable year one:  $………..…… including/ excluding GST per annum

$ …………… payable weekly / fortnightly / monthly in advance on the: ……………….


Item 7

(Note: it is recommended advised that the Tenant obtain professional legal advice regarding the registration of a renewed lease containing an option to renew)


Item 9

Deposit: …………………………………………………………… including/ excluding GST


Clause 1(8)(1)

all government and local government rates and charges on the Land (excluding land tax) including water and sewerage rates, general rates, fire levy


Clause 1(8)(4)

body corporate fees and levies payable by the Landlord in respect to the Premises.


Clause 9.1(6)

pay all taxes, levies, or fees or duties in relation to this Agreement when due.


Clause 14.1(d)

any liability the Landlord incurs resulting from anything the Lessor is permitted or required to do under this Agreement unless the claim has arisen due to resulting from the negligence of the Landlord or its employees or contractors.


Clause 26.2(a)

under the Residential Tenancies and Rooming Accommodation Act 2008 and/ or the Retail Shop Leases Act 1994

 

05 Oct 2009 v2.2

Additions / Changes:


Clause 9.1(7)

at all times in its use of the Premises, comply with the requirements of the Building Fire Safety Regulation 2008, the Queensland Fire and Rescue Service and the laws and regulations for the time being in force relating to fire safety requirements and the Landlord's reasonable requirements for fire safety and fire drills.


Clause 9.1(8)

not do or omit to do anything as a result of which the Landlord may become liable to pay any penalty or expense with respect to any statute, regulation, by-law, requirement or notice.


Clause 30

By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).

 

23 Jan 2009 v2.1

Additions / Changes:


Item 13

(a)  Rate: …………………. (if left blank, Item 13(b) is applicable)

(b)  Queensland Law Society Inc Standard Contract Default Interest Rate


Clause 1(1)

ABS: is the Australian Bureau of Statistics


Clause 1(4)

CPI: is the Consumer Price Index (all groups) for the city of Brisbane as published by the Australian Bureau of Statistics. which is a government-issued index of the retail prices of basic household goods and services published by the ABS.


Clause 9.1(4)

immediately on receipt of notice pay to the Landlord, the Landlord’s Outgoings in accordance with Item (11) of the Item Schedule no later than the due date specified in the Schedule


Clause 22

Any monies payable under this Agreement (or any Judgment given in respect of this Agreement) not paid when due, will attract Interest from the due date, to the date of payment, at the rate prescribed in Item (13) and the party, to whom those monies are owed, when such monies are paid, may recover the interest thereon from the other party as liquidated damages.

 

22 Sept 2008 v2.0

Additions / Changes:


Item 13

Special Conditions:

(a) Were inserted under instruction by a party to this Agreement; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (14), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.


Item 14

The parties have been advised to seek legal advice with respect to this Agreement, including Special Conditions.

 

01 Apr 2008 v1.9

Additions / Changes:


Clause 6.4(e)

once determined, the rental for the future term will be payable from the commencement date of the new term.

 

20 Dec 2007 v1.8

Additions / Changes:


Item 5

Name:    ………………………………………………………   ABN:    ……………………….....

Address: ……………………………………………………...   Phone: ..…………………………

             ………………………………………………………   Fax:     ………………………….

Email:    ……………………………………………………….   Mobile: ………………………….

 

15 Nov 2007 v1.7

Additions:


Item 13

WARNING: By signing this Agreement the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent.  The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

 

23 Feb 2007 v1.5

Additions:


Clause 6.4

Rental for the further term will be:

(a)

 

as agreed between the parties

Or failing agreement:

(b)


as provided in Item (8.2)

(c)


where the rental is to be determined by market review, the current market rent will be determined by a Valuer within a reasonable time (not less than two months) prior to expiration of the current Term.

(d)


in any case market rent or other, the rent shall not be less than the rental charged at the expiration of the prior term.


Clause 6.5

The Landlord and the Tenant shall equally share any costs incurred relating to a rental determination under Clause 6.4.


Clause 17.1

Throughout the Lease Term the Tenant must:

(1)


obtain and maintain insurance policies required to cover all stock, furnishings and plant and equipment for the full insurable value against all reasonable risks as required by the Tenant.

(2)


have:



(1)

 

legal/public liability insurance cover for a minimum of 10 million dollars; and



(2)

 

plate glass insurance against all risks specified by the Landlord.

(3)


ensure that all current insurance policies or those required by the Tenant under this Agreement



(1)

 

have been approved by the Lessor



(2)

 

are taken out in the join names of the Landlord and the Tenant for their respective rights and interests



(3)

 

cover the agreed risks in accordance with Item (11) and contain conditions acceptable to the Landlord and the Landlord’s insurer.

(4)


upon request provide copies and provide certificates annually for each insurance policy confirming the currency of such policies to the Landlord.

Changes:


Item 6.3

Period in which to exercise the option: (if no period is specified, notice shall be given no more than 6 and no less than 3 months from the date of expiry of the term)


Clause 1(11)

Premises: the premises referred to in Item (1) of the Item Schedule. the building (or part thereof) that the Agreement relates to.


Clause 4.1

At the Lease End Date stated in Item (1) the Tenant may continue but only with the Landlord’s prior written consent, to occupy the Premises and shall do so as a monthly Tenant subject to the provisions of this Agreement Lease.


Clause 4.2

A monthly tenancy may be terminated by either party on the giving to the other, of not less than one month’s notice.


Clause 5.1

The Tenant agrees to pay the Rent amount monthly in advance as directed by the Landlord at the time specified in Item (5).


Clause 6.3

Upon The Tenant having complied with Clause 6.1 & 6.2 the Landlord will grant a further lease of the Premises to the Tenant on the same Terms and conditions as this Agreement subject to Clause 6.4 Lease excluding Item (6) of the Item Schedule Item (6) and this Clause and otherwise varying the Item (1) of the Item Schedule Item (1) as to the Lease Commencement Date and Lease End Date with respect to the Term and Rental Year one as currently set out in Item (6).


Clause 7.3

The Tenant and/or the Tenant’s employees must not:

(a)


erect, paint, write or attach any sign upon any part of the Premises without first having written approval from the Landlord and where necessary, the relevant authorities; or

(b)


install any equipment in the Premises that may overload any Services; or

(c)


carry on any illegal activities or interfere with the rights of other tenants; or

(d)


do or neglect to do anything to or upon the Premises which may make void or increase the premium of any insurance on the Premises or any property in them


Clause 9.1

The Tenant will:

(1)


maintain the Premises and all fixtures and fittings in a reasonable state of repair without damage or loss. (fair wear and tear excepted)

(2)


to keep the Premises and immediate surrounds clean and tidy

(3)


make repairs in respect to damage caused by the Tenant

(4)


immediately on receipt of notice pay to the Landlord, all Outgoings in accordance with Item (10) of the Item Schedule no later than the due date specified in the Schedule

(5)


carry out works on the Premises in accordance with notice given by the Landlord under Clause 11.1 (3).

(6)


pay all taxes, levies or fees in relation to this Agreement.


Clause 9.2

At the end of the Lease the Tenant must vacate the Premises and:

(1)


remove all Tenant’s chattels and repair any damage caused by such removal

(2)


remove all Tenant’s fittings and fixtures as directed or required by the Landlord.

(3)


repair any damage caused by the removal of chattels, fixtures and fittings as provided for in Clauses 9.2 (1) and 9.2 (2).

(4)


leave the Premises including fixtures and fittings in a clean and  reasonable state of repair

(5)


return all keys and other devices and codes for access to the Landlord or the Landlord’s Agent.


Clause 11.1(2)

maintain its services for the Premises including amenities and other facilities or services used in common with the Landlord and other Tenants


Clause 12.1

Where the Premises becomes wholly or partially unfit for the Tenant to occupy due to damage or destruction, not caused by the Tenant or the Tenant’s employees, the Landlord will adjust the Rent and other amounts payable by the Tenant in accordance with the degree of damage or destruction until the Premises are restored and made fit for the Tenant to occupy.


Clause 12.4

Should the damage or destruction have been caused or contributed to by the Tenant or its employees or should the Tenant or Tenants employee’s actions result in the Landlord’s insurer refusing to indemnify, Clause 12.1 and 12.2 will not apply, in so far as they relate to the Tenant.


Clause 13.1

The Tenant will not assign or sublet without the Landlord’s consent. The Tenant may assign the whole or a part of the Tenant’s interest under this Agreement, or sublet the Premises, only if agreed to in writing by the Landlord.


Clause 13.2

The Landlord will not, in the case of suitable assigns, unreasonably refuse to grant the Tenant’s requests where the Tenant is not in default. and the proposed tenant prospective Tenant produces satisfactory commercial and general references.


Clause 14.1

The Tenant indemnifies the Landlord from and against all claims, demands, losses, damages and expenses including legal actions the Landlord may sustain or become liable for during or after this Agreement arising from;

(a)


neglect or default by the Tenant or Tenant’s employees or any person of whom the Tenant is legally responsible; or

(b)


Tenant’s failure to give notice of service defects; or

(c)


damage to person or property caused or contributed to by the Tenant or Tenant’s employees; or

(d)


any liability the Landlord incurs resulting from anything the Lessor is permitted or required to do under this Agreement unless the claim resulting from the negligence of the Landlord or its employees or contractors.


Clause 14.2

By signing this Agreement the Tenant for itself and its employees agrees that use and occupancy of the Premises will be at the Tenant’s own risk.


Clause 15.1

The following events are considered an act of default by the Tenant:

(a)


the Tenant’s failure to pay the Rent Amount within 7 days of the due date or any other monies payable under this Agreement when due; or

(b)


repairs required by any notice under Clause 9.1 (5) are not carried out by the Tenant within the time specified in the notice; or

(c)


the Tenant fails to remedy any breach perform or observe any of its covenants or obligations under this Agreement within a reasonable time, 7 days, after receiving written notice from the Landlord specifying the particular breach and requiring the Tenant to remedy the breach; or

(d)


the Tenant becomes bankrupt or assigns its property for the benefit of creditors; or

(e)


the Tenant becomes an externally-administered body corporate within the meaning of the Corporations Law.


Clause 15.2

If the Tenant defaults under this Agreement, subject to giving any prior demand or notice required by any law, any of the acts of default by the Tenant in Clause 15.1 are not resolved by the Tenant within a reasonable time after receiving notice from the Landlord the Landlord may, without limiting other remedies, including action for damages and/or specific performance:

(a)


re-enter and take possession of the Premises (by force if necessary) and eject the Lessee and all other persons and this Agreement will terminate; or

(b)


by notice to the Tenant, terminate this Agreement from the date of giving the notice; and/or

(c)


claim the loss, if any, incurred by the Landlord.


Clause 16

If an amount a requirement for a Security Bond is provided for listed in Item (8) of the Item Schedule the Tenant must lodge with the Landlord a cash Bond Deposit in the amount provided for in Item (8) of the Item Schedule or arrange for the issue of an unconditional bank guarantee, in favour of the Landlord, for the purpose of securing the performance by the Tenant of its obligations under this Agreement.


Clause 24

This Agreement forms the entire Agreement between the parties and each party has entered into this Agreement without relying on representations not contained herein. Each party has entered into this Agreement without relying on representations not contained in this Agreement which forms the entire Agreement between the parties.


Clause 26.2

A notice served by post shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the notice would be delivered.

 

03 Jan 2006 v1.2

Additions:


Clause 30

By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).