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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
15 Nov 2023 v4.3
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Clause 6.3 (1)
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install any equipment in the Premises that is likely to may overload any Services; or
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Clause 6.3 (2)
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carry on any illegal activities or unreasonably interfere with the rights of other tenants; or
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Clause 8.5
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If the Tenant fails to remove the Tenant’s Chattels as required by Clause 8.4 the Landlord (acting reasonably) may:
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Clause 11.1
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If during the Lease Term the Landlord (acting reasonably) determines to register a Strata Plan in relation to, or affecting the Premises, the Landlord will consult the Tenant, and the Tenant will consent if requested by the Landlord to the Strata Plan.
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Clause 11.4
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If reasonably required by the Landlord the Tenant will, at the cost of the Landlord, surrender the existing Agreement and enter into a new Agreement on the same Terms and Conditions as this Agreement save as follows:
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Clause 14.3
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The Tenant will pay the Landlord’s reasonable costs in relation to any assignment or subletting.
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Clause 17.2
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The Tenant agrees the Landlord (acting reasonably) 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 directly relevant to this Agreement.
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Clause 18.1
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The Landlord having not been negligent, the Tenant indemnifies the Landlord from and against all claims including legal actions during or after this Agreement arising from;
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04 Apr 2023 v4.2
Item 10.3
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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 prior to from the date of expiry of the term.)
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17 Nov 2022 v4.1
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Clause 4
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Rent/Rent Review
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4.4
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Current Market Rent Review
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4.4.1
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(2)
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if the Lessor and Lessee cannot agree on the Current Market Rent within 1 month after the Review Date the Current Market Rent is to be determined by a Specialist Retail Valuer agreed by the Lessor and Lessee, or failing agreement, nominated by the Registrar in accordance with the Act.
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4.4.2
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(1)
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In making a determination of the Current Market Rent, the Specialist Retail Valuer’s decision will be binding on all parties.
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(2)
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The New Rent amount determined by the Specialist Retail Valuer will be the Rent payable under the Lease for the Rental Year under review.
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4.4.3
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Each party:
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(1)
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will, within 14 days of being requested, provide to the Specialist Retail Valuer any relevant information requested to assist in determining the Current Market Rent; and
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(2)
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may make a written submission to the Specialist Retail Valuer about the Current Market Rent of the Commercial Lease.
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4.4.4
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The Lessor and Lessee must each pay to the Specialist Retail Valuer one-half of the Valuer’s fee for determining the Current Market Rent of the Commercial Lease.
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03 May 2022 v4.0
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Item 7
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.Annual Rent year one: $……………….…… incl./excl./plus GST
$ …….. incl./excl./plus GST payable weekly/fortnightly/monthly/quarterly in advance on the: ………
Other Information:……………………………………………………………………………………….……………
Rent Review Basis: (Tick if applicable box) CPI/Other (if other, see Special Conditions)
CPI (see Clause 4.3) __
Current Market Rent (see Clause 4.4) __
Fixed Percentage of Rent (see Clause 4.5) __ Fixed Percentage is 100% + ……….……. = ……………
Fixed Amount (see Clause 4.6) __ Fixed Amount: $......................................................
Other: (insert as a Special Condition) __
Date of Initial Rent Review: …………...................................................................................................
And thereafter: ……………………………………………………………..……………………….(e.g. annually)
Payable:
(a) o as directed from time to time by the Landlord or the Landlord’s Agent; or
(b) o into the following account:
Bank: ……………………………..….... Branch: ………………………..……… BSB: ………………………
Account Name: ………………………………………………. Account Number: …………………….., or any other account nominated by the Landlord.
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Clause 4
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Rent/Rent Review
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4.3
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If specified in Item 7 that the Rent amount is to be reviewed in accordance with the CPI then the
Rent shall be adjusted in accordance with the following formula:
R = A x B
Where:
R represents the CPI adjusted Rent.
A the Rent payable immediately prior to the Review Date.
B is the CPI for the quarter immediately prior to the relevant Review Date in Item 7.
C is the CPI published for the quarter ending one year prior to the quarter in B.
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4.4
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If the CPI is suspended or discontinued, the Index used for the formula in Clause 4.3 will be that which is substituted by the Australian Statistician.
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4.3
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CPI Rent Review
Where the Rent is to be adjusted on the Review Date in accordance with the CPI the New Rent
shall be the amount determined using the following formula:
R = B x A
C
Where:
R = the New Rent.
A = the Rent payable immediately prior to the Review Date.
B = the CPI for the quarter immediately prior to the Review Date in Item 7.
C = the CPI ending one year prior to B.
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4.4
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Current Market Rent Review
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4.4.1
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Where the Rent is to be adjusted, on the Review Date (which in the case of an Option will be the Term Commencement Date) using the Current Market Rent the New Rent shall be the amount determined as follows:
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(1)
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either the Lessor and Lessee may on or before the Review Date give to the other a written notice proposing the Current Market Rent for the new Rental Year which if agreed to will be the New Rent for the Commercial Lease for the Rental Year commencing from the Review Date; or
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(2)
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if the Lessor and Lessee cannot agree on the Current Market Rent within 1 month after the Review Date the Current Market Rent is to be determined by a Specialist Retail Valuer agreed by the Lessor and Lessee, or failing agreement, nominated by the Registrar in accordance with the Act.
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4.4.2
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(1)
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In making a determination of the Current Market Rent, the Specialist Retail Valuer’s decision will be binding on all parties.
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(2)
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The New Rent amount determined by the Specialist Retail Valuer will be the Rent payable under the Lease for the Rental Year under review.
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4.4.3
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Each party:
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(1)
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will, within 14 days of being requested, provide to the Specialist Retail Valuer any relevant information requested to assist in determining the Current Market Rent; and
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(2)
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may make a written submission to the Specialist Retail Valuer about the Current Market Rent of the Commercial Lease.
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4.4.4
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The Lessor and Lessee must each pay to the Specialist Retail Valuer one-half of the Valuer’s fee for determining the Current Market Rent of the Commercial Lease.
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4.5
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Fixed Percentage Rent Review
Where the Rent is to be adjusted on the Review Date using a fixed percentage of the Rent,the New Rent shall be determined using the following formula:
R = A x B
100
Where:
R = the New Rent.
A = the Rent payable immediately prior to the Review Date.
B = the Fixed Percentage stated in Item 7.
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4.6
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Fixed Amount Rent Review
Where the Rent is to be adjusted on the Review Date using a fixed amount, the New Rent shall be
determined using the following formula:
R = A + B
Where:
R = the New Rent.
A = the Rent payable immediately prior to the Review Date.
B = the Fixed Amount stated in Item 7.
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Clause 8
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Tenant’s Responsibilities
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8.4
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At the end of the lease, unless otherwise agreed or directed by the Landlord, the Tenant must vacate the Premises and:
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(2)
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remove all Tenant’s fittings and fixtures as directed or required by the Landlord;
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08 Dec 2021 v3.9
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Item 15
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FIRE SAFETY EQUIPMENT
15.1 The Landlord / Tenant is responsible for the provision and installation of all necessary fire safety equipment.
15.2 The Landlord / Tenant is responsible for the maintenance and upkeep of all fire safety equipment.
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Clause 21
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Fire Safety Equipment
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21.1
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The party nominated in Item 15.1 as being responsible for the provision and installation of all necessary fire safety equipment (including but not limited to smoke alarms) must ensure that new, adequate, high standard and compliant fire safety equipment is provided and installed on the Premises.
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21.2
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The party nominated in Item 15.2 as being responsible for the maintenance and upkeep of all fire safety equipment on the Premises must take all reasonable steps that are required (including but not limited to conducting testing, cleaning, maintenance, replacement and repair) to ensure that all fire safety equipment on the Premises remains compliant and in good working order.
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21.3
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Where the Landlord is the party nominated in Item 15.2 as being responsible for the maintenance and upkeep of all fire safety equipment on the Premises, the Tenant must inform the Landlord immediately upon becoming aware of:
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(1)
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any issues, defects or faults with any item of fire safety equipment; and
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(2)
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the need for any item of fire safety equipment to be maintained, repaired or replaced.
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09 Nov 2021 v3.8
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Item 7
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Annual Rent year one: $……………….…… incl./excl./plus including/excluding/plus GST
$ ……..…… incl./excl./plus GST payable weekly/fortnightly/monthly/quarterly in advance on the: ………………
Other Information:………………………………………………………………………………………..................
Rent Review Basis: CPI/Other (if other, see Special Conditions)
Date of Initial Rent Review: …………....................................................................................................
And thereafter: ……………………………………………………………..…………………….….(e.g. annually)
Payable:
(a) __ as directed from time to time by the Landlord or the Landlord’s Agent; or
(b) __ into the following account:
Bank: ……………………………..….... Branch: ………………………..……… BSB: ………………………
Account Name: ………………………………………………. Account Number: ……………………………
or any other account nominated by the Landlord.
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05 Sep 2019 v3.7
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Clause 1(7)
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Data Collection Agency: means an agency or organisation that collects real estate data to provide information to the real estate, finance and property valuation industries to enable data analysis.
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Clause 1(14)
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Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).
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Clause 35
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Privacy
35.1
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The Landlord’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy.
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35.2
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The Privacy Policy outlines how the Landlord’s Agent collects and uses Personal Information provided by you as the Tenant, or obtained by other means, to provide the services required by you or on your behalf.
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35.3
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You as the Tenant agree the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:
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(1)
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the Landlord of the Premises to which this Agreement applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or
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(2)
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tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the tenancy and if applicable listing tenancy agreement breaches; and/or
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(3)
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previous managing agents or landlords and nominated referees to confirm information provided by you; and/or
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(4)
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tradespeople and similar contractors engaged by the Landlord/Landlord’s Agent in order to facilitate the carrying out of works with respect to the Premises; and/or
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(5)
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the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the administration of the Premises and use of the Landlord’s Agent's services; and/or
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(6)
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a utility connection provider where you request the Landlord’s Agent to facilitate the connection and/or disconnection of your utility services; and/or
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(7)
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Owners Corporations.
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35.4
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Documents or copies of documents provided to establish the identity of the Tenant or persons entitled to deal on behalf of the Tenant, will be retained by the Landlord’s Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.
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35.5
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Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all in the administration of this Agreement.
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35.6
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The Tenant has the right to access such Personal Information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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35.7
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The Landlord’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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Clause 36
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Data Collection
Upon signing this Agreement the parties agree the Landlord’s Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Agreement.
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22 Oct 2018 v3.6
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Clause 10.3
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On the giving of 2 days notice to the Tenant, the Landlord may at reasonable times enter the Premises for the purposes of:
(1)
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inspecting the Premises; or
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(2)
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viewing the state of repair of the Premises; or
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(3)
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performing any building and other repair work in accordance with Clause 10.2(2) and 10.2(3) or those works that the Tenant has failed to complete in accordance with Clause 8.1(4); or
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(4)
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carrying out requirements of state, local or other competent authorities; or
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(5)
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in the case of a proposed sale or reletting of the Premises:
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(a)
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showing the Premises to prospective purchasers or tenants; and/or
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(b)
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erecting sale or lease signage at the Premises.
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02 Aug 2018 v3.5
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Item 2
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Name: ………………………………………………………………………………………………………………
Address: …………………………………………………………………………… ACN: .………………………..
…………………………………………………………………………… ABN: .………………………..
Phone: (…)………………………… Fax: (…)………………………… Mobile: ………………………………
Email: ………………………………………………………………………………… GST Registered: Yes/No
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Item 3
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Name: ………………………………………………………………………………………………………………
Address: …………………………………………………………………………… ACN: .………………………..
…………………………………………………………………………… ABN: .………………………..
Phone: (…)………………………… Fax: (…)………………………… Mobile: ………………………………
Email: ………………………………………………… Licence No.: ……………… GST Registered: Yes/No
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Item 4
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Name/s: ………………………………………………………………………………… DOB: …… / …… / ……
Address: ………………………………………………………………………………………………………………
ABN: .……………… Phone: (…)……………… Fax: (…)……………… Mobile: …………………………
Email: ………………………………………………………………………………… GST Registered: Yes/No
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Item 5
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(1)
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Name: ………………………………………………………………………………………………………
Address: …………………………………………………………………… ACN: .………………………..
…………………………………………………………………… ABN: .………………………..
Phone: (…)……………………… Fax: (…)……………………… Mobile: …………………………….
Email: ………………………………………………………………………………………………………
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(2)
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Name: ………………………………………………………………………………………………………
Address: …………………………………………………………………… ACN: .………………………..
…………………………………………………………………… ABN: .………………………..
Phone: (…)……………………… Fax: (…)……………………… Mobile: …………………………….
Email: ………………………………………………………………………………………………………
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Item 11
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Public Liability (including product liability) cover: $ …………………………………….
Additional requirements Other:
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Clause 8.1
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(12)
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throughout the Lease Term at its’ sole cost, in its name and noting the Landlords interest obtain the following insurances:
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(a)
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Property: all stock, furnishings, plant and equipment including fixtures and improvements owned or installed by the Tenant in the Premises insured against loss or damage including fire, with standard extension coverage;
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(b)
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Public Liability: in the amount specified in Item 11;
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(c)
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Plate Glass: all plate glass including frames forming part of the Premises for reinstatement; and
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(d)
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Business Interruption: business interruption insurance in an amount sufficient to reimburse the Tenant for loss of earnings;
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(12)
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insure all property situated in the Premises belonging to the Tenant, or for which the Tenant is legally liable, from fire with standard coverage in the joint names of the Landlord and the Tenant.
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(13)
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maintain public liability insurance (including liability against damage caused to the Premises as a result of failure or neglect by the Tenant, their employees, contractors or equipment) in accordance with Item 11;
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(14)
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insure its own plant, equipment and stock in trade.
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(15)
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insure all plate glass in the Premises.
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(16)
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insure for any other form of insurance the Landlord may from time to time reasonably require. (see Item 11)
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Clause 8.2
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The Tenant will ensure that all insurance policies required to be effected under this Lease:
(1)
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have been approved by the Landlord; and
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(2)
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are at all times current and cover the agreed risks in accordance with Item 11 and contain conditions acceptable to the Landlord and the Landlord’s insurer.
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Clause 8.3
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Upon request provide copies of and provide certificates annually for each insurance policy confirming the currency of such policies to the Landlord.
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Clause 10.1(4)
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are insured as part of the Commercial Building against all reasonable insurable contingencies in broad cover form (including public liability), such policies are to be maintained for the Lease Term of this Agreement.
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19 Feb 2018 v3.4
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Item 2
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Name: ………………………………………………………………………………………………………
Address: …………………………………………………………………………….. ACN: .………………
…………………………………………………………………………… ABN: .………………..
Phone: (…)……………………… Fax: (…)……………………… Mobile: ……………………………
Email: …………………………………………… Licence No.: ……………… GST Registered: Yes/No
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Clause 1(7)
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Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2000 (NSW) including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.
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Clause 1(14)
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Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.
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Clause 8.1(21)
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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.
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Clause 33
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Notices
33.1
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Any notice to be served on any party under this Agreement shall be in writing and may be served on that party:
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(a)
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by delivering the notice to the party personally; or
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(b)
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by leaving it for the party at the party’s address as stated in Items (2), (3) and (4); or
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(c)
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by posting it to the party, by registered mail as a letter addressed to the party at the address as stated in Items (2), (3) or (4); or
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(d)
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by facsimile to the party's facsimile number in Items (2), (3) or (4).
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33.2
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A notice so posted 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.
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33.3
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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.
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Clause 35
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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.
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Clause 35
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Related Documents / Notices / Electronic Communication
35.1
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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.
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35.2
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A Related Document to be served on any party under this Agreement shall be in writing and may be served on that party:
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(1)
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by delivering it to the party personally; or
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(2)
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by leaving it for the party at that party’s address as stated in this Agreement; or
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(3)
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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
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(4)
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by email to the party at the appropriate email address as stated in this Agreement; or
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(5)
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by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 35.2(1) to (4) above.
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35.3
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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.
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35.4
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A document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions Act 2000 (NSW).
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35.5
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Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.
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35.6
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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.
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35.7
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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.
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35.8
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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.
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Clause 37
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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.
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04 Jan 2018 v3.3
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NOTE (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 1900 in which case this document will form a schedule to the Land & Property Information NSW (LPI) NSW Land Registry Services (NSWLRS) Lease Form 07L.
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23 Jun 2017 v3.2
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NOTE (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 19900 in which case this document will form a schedule to the Land & Property Information NSW (LPI) Lease Form 07L.
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17 May 2017 v3.1
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Clause 8.1(11)
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with respect to the Premises, ensure that charges for:
(1)
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electricity
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(2)
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gas
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(3)
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excess water
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(4)
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excess of garbage
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(5)
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sanitary
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(6)
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telephone
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are paid.
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11 Jun 2015 v3.0
Copyright statement updated.
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01 Mar 2015 v2.9
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Item 4
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TENANT
Name/s: ……………………………………………………………………………………..DOB:.……/……./..…..
Address: …………………........………………………………………………………………………………………
ABN: .....…………… Phone: ……………………. Fax: ………………….….. Mobile: ………….……………
Email: …………………………………………………………………………….…… GST Registered: Yes/No
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Item 6
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PREMISES (Includes all Landlord’s fittings and fixtures)
Address: …………………………………………………………………………….……….…………..………….…
(Includes all Landlord’s fitting and fixtures)
Description: ………………………..……………………………..…………(e.g.as shown on attached diagram)
Area of Premises: ……………………………….. m²(approx)
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Item 7
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Annual Rent Payable year one: $……………….…… including/ excluding/ plus GST per annum.
$ ……..………… payable weekly / fortnightly / monthly/quarterly in advance on the:……………….….
Other Information:………….…………………………………………………………………….……………………
Rent Review Basis Type: CPI/Other (if other, see Special Conditions)
Date of Initial Rent Review: ……………………………………..…………….…………………….……………….
And thereafter: ………………………………………….……………………………………….…..(e.g. annually).
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Item 8
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SECURITY BOND
Bank Guarantee/Security Bond payable by the Tenant: $............or equivalent to ……… months rent.
__ Cash Bond OR __ Bank Guarantee OR __ Other form of security: ……………...……..…………………
The sum equivalent to ………...…… months gross rent plus GST.
Being, for the first year $ …………...…… including/excluding/plus GST
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Item 10.2
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Rental Yr one: Tick ONE only
__ Current Market Rent Review (see Clause 5.4) __ Other (e.g. CPI)(insert as a Special Condition)
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Item 13
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Payable by Tenant: __Yes __ No
Payable: weekly/fortnightly/monthly/quarterly in advance on the: …………………………...…………….
Outgoings in addition to those specified in Clause 1(11): 1) ………………………………….………………….
(see attached Outgoings Schedule if insufficient room) 2) ….………………….…..………………………….
Tenant’s % of Outgoings: (tick one of the following)
__ ……………..% of Outgoings
OR
__ ……………..% of increases in Outgoings above the Base Year Outgoings where Base Year is 20___
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Clause 1(8)
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Item: means items detailed in the Item Schedule of this Agreement.
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Clause 1(10)
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Lease Term: the period of time set out in Item (9) of the Item Schedule.
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Clause 1(11)
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Outgoings: include expenses incurred by the Landlord with respect to the Land and Commercial Building including:
(1)
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all state and local government rates and charges on the Land and Commercial Building (including land tax,) including water and sewerage rates and general rates.
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(2)
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periodic charges and levies including insurance premiums and fire protection services.
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(3)
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repair, maintenance and cleaning (excluding structural matters and major repairs).
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(4)
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those things (if any) specified in Item (13) of the Item Schedule.
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Clause 1(12)
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Premises: the premises referred to in Item (6) of the Item Schedule.
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Clause 1(13)
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Rent Review Date: the date the rental amount charged to the Tenant is reviewed (as provided in Item (7) of the Item Schedule).
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Clause 1(15)
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Security Bond: a cash bond or bank guarantee in the amount as set out in Item (8) and thereafter, equivalent to the rental for the number of months stated in Item (8).
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Clause 1(16)
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Security Interest: means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation. See has the meaning given it in accordance with Section 12 of the Personal Property Securities Act 2009 (Cth).
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Clause 5.2
|
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 and Conditions of this Agreement such that there is no existing or unremedied breach or default at the date of exercise of the option.
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Clause 5.3
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The Tenant, having complied with Clause 5.1 & 5.2, 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 5.4, excluding Item (10) of the Item Schedule and this Clause and otherwise varying Item (9) of the Item Schedule as to the Lease Commencement and Lease End Date.
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Clause 5.4(c)
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where the rental is to be determined by market review the reviewed in accordance with Current Market Rent, the rent will be determined by a Valuer within a reasonable time (not less than two months) prior to expiration of the current Term.
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Clause 8.1(5)
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immediately on receipt of notice pay to the Landlord, Outgoings in accordance with Item (13) of the Item Schedule and Stamp Duty under Clause 21 no later than the due date specified in the Item Schedule.
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Clause 8.1(13)
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maintain public liability insurance in accordance with Item (11) of the Item Schedule.
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Clause 8.1(19)
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carry on its business in a fit and proper manner during the term of the Agreement Lease or any extension.
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Clause 10.1
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On delivery of possession of the Premises the Landlord will ensure the Premises are:
(1)
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are clean, safe and fit to occupy.
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(2)
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clean
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(2)
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in compliance comply with state and local authority building regulations
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(3)
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have, where required under the Work Health & Safety Regulation 2012, a current asbestos register and asbestos management plan
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(4)
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insured as part of the Commercial Building against all reasonable insurable contingencies in broad cover form (including public liability) such policies are to be maintained for the Lease Term of this Agreement.
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Clause 16
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Personal Property Securities
16.1
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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.
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16.2
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Exclusion of Personal Property Securities Act 2009 (Cth) (PPS Act) provisions.
To the extent the law permits:
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(a)
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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;
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(b)
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the Landlord and the Tenant agree that sections 96, 125, 129, 142 and 143 of the PPS Act do not apply to this Agreement.
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Clause 17
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Registration and Release of Security Interest
17.1
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Where registration or release of a Security Interest is required each party will do all things reasonably necessary to facilitate such registration or release.
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17.2
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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.
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17.3
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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.
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Clause 18.1(e)
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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.
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Clause 19.1(a)
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lodge with the Landlord a cash deposit bond; or
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Clause 28
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Applicable Law
28.1
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The laws of New South Wales are the laws applicable to this Agreement.
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28.2
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Both parties agree to comply with statutes, regulations, orders and by-laws relating to the Commercial Premises.
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Clause 32
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Interest on Overdue Monies
32.1
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Any monies payable under this Lease Agreement Contract, (or any judgment given in respect of this Lease Agreement Contract) not paid when due will attract Interest from the due date for payment, to the date of payment at the rate prescribed in Item (14). If no rate is prescribed, the rate will be equivalent to the Landlord’s Lessor’s bank overdraft rate plus 2%
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32.2
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Interest due will not be payable until notice is given to the Tenant Lessee by the Landlord Lessor in respect to monies owed.
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Clause 35
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The parties agree and confirm this Agreement may be forwarded electronically if the recipient has provided an email address or facsimile number for Electronic Communication in the Item Schedule to this Agreement.
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Clause 37
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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.
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22 Jun 2012 v2.8
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Clause 1(14)
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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.
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Clause 2.1(5)
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the Item Schedule and any attached addendum pages and annexures shall column notes in the Item Schedule form part of this Agreement.
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Clause 12.5
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In the case of any dispute arising under Clause 12, the provisions of Clause 25 will apply however if the dispute is not resolved, the same shall be referred to arbitration under the provisions of the Commercial Arbitration Act 2010.
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Clause 15
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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.
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Clause 17.1
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If a requirement for a Security Bond is provided for in Item (8), for the purpose of securing the performance by the Tenant of its obligations under this Agreement, the The Tenant must:
(a)
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lodge with the Landlord a cash deposit; or give to the Landlord a Security Bond in the amount provided for in Item (8); or
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(b)
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arrange for the issue of an unconditional bank guarantee, in favour of the Landlord which does not have an expiry date.
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for the purpose of securing the performance by the Tenant of its obligations under this Agreement
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Clause 17.2
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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/ bank guarantee 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.
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Clause 17.3
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The Landlord may apply the Tenant’s Security Bond towards as 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.
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Clause 17.4
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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.
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Clause 17.5
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The Landlord will as soon as practicable at 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.
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14 Mar 2012 v2.7
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Item 16
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The Landlord and Tenant agree to be bound by this Agreement which also includes conditions implied by Section 84 and Section 85 of the Conveyancying Act 1919 unless modified or amended by this Agreement.
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Clause 6.7
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The Tenant acknowledges the Landlord has given no warranty regarding the suitability of the Premises for the use permitted under this Agreement. (See Item (12)). The Tenant occupies the Premises at the Tenant’s own risk.
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Clause 8.1(1)
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maintain the Premises and all fixtures and fittings in a reasonable state of repair without damage or loss. (fair wear and tear excepted). Provided however, the Tenant shall not be required to carry out any structural work unless it has become necessary because of any actions (negligent or deliberate) of the Tenant.
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Clause 8.1(20)
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maintain the appropriate licenses or permits, if any, relating to the Tenant’s business and comply with statutes, orders and by-laws relating to the Tenant’s use and occupation of the Premises and Building and promptly notify the Landlord on receipt of any notices or orders in relation to or affecting the Premises.
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Clause 10.2(2)
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promptly carry out repairs of a structural nature except where such repairs have become necessary as a result of the actions of the Tenant. (refer Clause 8.1(1))
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Clause 12.1
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the event of damage by war, fire, lightning, flood or tempest, Rent shall abate until the Premises are restored.
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Clause 12.1
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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.
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Clause 22.1
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The Tenant is required to pay to the Landlord the GST amount for a taxable supply made to the Tenant under this Agreement on provision by the Landlord of a valid tax invoice.
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Clause 23
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23.1
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The Landlord will issue tax invoices when necessary in respect of all monies owing by the Tenant to the Landlord.
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23.2
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Invoices or statements (original or substituted) given to the Tenant detailing the amounts that the Tenant or the Guarantor (if applicable) must pay to the Landlord under this Agreement are presumed correct when issued.
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Clause 32
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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.
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30 Jan 2012 v2.5
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Clause 1(14)
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Tenant’s Chattels: The Tenant’s items of personal property.
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Clause 8.3
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If the Tenant fails to remove the Tenant’s Chattels as required by Clause 8.2 the Landlord may:
(a)
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remove and store the Tenant’s Chattels at the Tenant’s risk and expense; or
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(b)
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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.
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Clause 15
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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.
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24 Aug 2011 v2.4
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Item 14
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Interest charged: Yes __ No __ Interest Rate: …………………..………..% per annum.
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Clause 27
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27.1
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Any monies payable under this Lease Contract, (or any judgment given in respect of this Lease Contract) not paid when due will attract Interest from the due date for payment, to the date of payment at the rate prescribed in Item (13). If no rate is prescribed, the rate will be equivalent to the Lessor’s bank overdraft rate plus 2%.
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27.2
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Interest due will not be payable until notice is given to the Lessee by the Lessor in respect to monies owed.
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Note (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 1990 in which case this document will form a schedule to the Land & Property Information NSW Management Authority (LPI) Lease Form 07L.
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09 May 2011 v2.3
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Item 7
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Rent Payable year one: $………..…… including / excluding / plus GST per annum
$ ……… payable weekly / fortnightly / monthly / quarterly in advance on the: ……….............….
Other Information:……………………………………………………………………………….....................
Rent Review Type: CPI/Other (if other, see Special Conditions)
Date of Initial Rent Review:..……………………..…………………………………………………………….
And thereafter: ………………………………………….………….…………………………..(e.g. annually).
Payable:
(a) __ as directed from time to time by the Landlord or the Landlord’s Agent; or
(b) __ into the following account:
Bank: ……………………............... Branch: ……………………...……… BSB:……………….....……
Account Name: ......................................................... Account Number:………..………….……..
, or any other account nominated by the Landlord.
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Item 10.2
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Option Details:
(1) Term: ……………………………………………………………....................……………………………
(2) Rental Yr one: Tick ONE only
__ Market Review (see clause 5.4) __ Other (e.g. CPI)(insert as a Special Condition)
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Item 10.3
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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.)
................................................................................................................................................
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Clause 22.1
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Time shall be of the essence regarding the carrying out of either party’s obligations under this Agreement. in connection with the Tenant’s responsibilities to pay money.
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Clause 29
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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.
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Clause 30
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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.
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01 Jan 2011 v2.2
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Item 7
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Rent Payable year one: $………..…… including / excluding / plus GST per annum
$ ……… payable weekly / fortnightly / monthly / quarterly in advance on the: ………….
Other Information:………………………………………………………………………………........
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Clause 1(3)
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Business Day: Any day other than a Saturday, Sunday or public holiday under the Public Holidays Act 2010 or bank holiday in the State of New South Wales.
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01 Nov 2010 v2.1
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Item 7
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Initial Rent Payable year one: $………..…… including / excluding / plus GST per annum
$ …………… payable weekly / fortnightly / monthly in advance on the: ……………….
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Clause 12.5
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In the case of any dispute arising under Clause 12, the same shall be referred to arbitration under the provisions of the Commercial Arbitration Act 2010.
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Clause 29
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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.
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24 Aug 2010 v2.0
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Clause 1(3)
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Business Day: Any day other than a Saturday, Sunday, or public holiday or bank holiday in the State of New South Wales.
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Clause 1(6)
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Consumer Price Index (CPI): is the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Statistician.which is a government-issued index of the retail prices of basic household goods and services published by the Australian Bureau of Statistics.
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Note (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 1990 in which case this document will form a schedule to the Land & Property Management Authority (LPMA) Department of Lands Lease Form 07L.
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23 Apr 2010 v1.9
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Clause 8.1(19)
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carry on its business in a fit and proper manner during the term of the Lease or any extension.
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Clause 29
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By signing this Agreement all parties acknowledge agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related documents, for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
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03 Sept 2009 v1.8
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Item 16
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Executed in accordance with Section 127 of the Corporations Act 2001.
Director: ……………………………........
Print Name: ……………………………........
Date: …../…../…..
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Director/Secretary: ………………………….
Print Name: ……………………………........
Date: …../…../…..
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Director: ……………………………........
Print Name: ……………………………........
Date: …../…../…..
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Director/Secretary: ………………………….
Print Name: ……………………………........
Date: …../…../…..
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Director: ……………………………........
Print Name: ……………………………........
Date: …../…../…..
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Director/Secretary: ………………………….
Print Name: ……………………………........
Date: …../…../…..
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Clause 29
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By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, 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 and email addresses).
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17 Nov 2008 v1.7
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Header
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Commercial Lease Agreement
(Where the Lease is for a Lease Term of 3 years or less)
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Note (1)
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This Agreement is not suitable, nor intended to be used for leases: under the Residential Tenancy Act 1987 and/ or the Retail Leases Act 1994
(b)
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in excess of 3 years without modification
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Note (3)
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Any lease of a term longer than 3 years will require registration under the Real Property Act 1990 in which case this document will form a schedule to the Department of Lands Lease Form 07L.
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31 July 2008 v1.6
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Item 5
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(1) Name: .......................................................................................................
Address: .................................................................. ACN: ............................
................................................................................ ABN: ............................
Phone: ............................ Fax: ............................ Mobile: ............................
Email: ............................................................................................................
(2) Name: .......................................................................................................
Address: .................................................................. ACN: ............................
................................................................................ ABN: ............................
Phone: ............................ Fax: ............................ Mobile: ............................
Email: ............................................................................................................
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Item 11
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TENANT’S Insurance
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Clause 1(14)
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Valuer: a Valuer registered in accordance with the provisions of the Valuers Act 2003 and the Valuers Regulation 2005 and who is able to carry out rental determinations as may be required under this Agreement.
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Clause 5.4(e)
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once determined, the rental for the future term will be payable from the commencement date of the new term.
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Clause 8.1(13)
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maintain public liability insurance in accordance with Item (11) of the Item Schedule. the sum of 10 million dollars.
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Clause 11
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11.1
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If during the Lease Term the Lessor determines to register a Strata Plan in relation to, or affecting the Retail Shop, the Lessee will consent if requested by the Lessor to the Strata Plan.
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11.2
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Subsequent to registration of the Strata Plan, compliance by the Lessor with the Strata Plan will not amount to default by the Lessor under this Lease Contract.
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11.3
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The Lessee will comply with by-laws except in so far as such compliance would be contrary to the terms of this Lease Contract.
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11.4
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If required by the Lessor the Lessee will, at the cost of the Lessor, surrender the existing Lease Contract and enter into a new lease contract on the same Terms and Conditions as this Lease Contract save as follows:
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(1)
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the new Lease Contract shall commence from the date of surrender and terminate on the date this Lease Contract would have otherwise expired.
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(2)
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the provisions of the Lease Contract will be altered to the extent necessary to enable compliance with the Strata Plan.
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(3)
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Outgoings will include levies payable by the Lessor in accordance with the Strata Plan.
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01 Apr 2008 v1.5
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Clause 5.4(e)
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once determined, the rental for the future term will be payable from the commencement date of the new term.
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05 Oct 2007 v1.4
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Item 8
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Bank Guarantee / Security Bond payable by the Tenant: $......................... or equivalent to ……………… months rent.
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Clause 15
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15.1
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The Tenant must:
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(a)
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give to the Landlord a Security Bond in the amount provided for in Item (8); or
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(b)
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arrange for the issue of an unconditional bank guarantee, in favour of the Landlord
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for the purpose of securing the performance by the Tenant of its obligations under this Agreement.
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15.2
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On the sale or the transfer of the Building the Landlord may assign 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 bank guarantee is not assignable the Tenant will cause a replacement guarantee to be issued in favour of the purchaser.
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15.3
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The Landlord may apply the Tenant’s Security Bond as 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.
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15.4
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The Landlord’s exercise of its rights with respect to the Security Bond do not prejudice any other rights of the Landlord arising from a breach of the terms of the Agreement.
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15.5
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The Landlord will at the end of the Lease Term or any extension of the Lease Term cause to be released, subject to any unsatisfied claim under Clause 15.3, the Security Bond to the Tenant.
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15.6
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The amount of the Security Bond shall be adjusted in each year of the lease, subsequent to the first year, by using the same method as that used for Rent Reviews.
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21 May 2007 v1.3
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Item 2
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Company Name: .................................................................................
Trading As: .........................................................................................
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Item 3
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Company Name: .................................................................................
Trading As: .........................................................................................
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27 Apr 2007 v1.2
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Surrender of Lease
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The Tenant having requested the Landlord accept a surrender of this Lease In consideration of the sum of $___________ , receipt of which hereby acknowledged, the Landlord accepts a surrender of the Lease and the Tenant surrenders all the Tenant’s estate and interest in to the Landlord the Lease and the Landlord accepts a surrender of the Lease such that for the residue of the unexpired term to the intent that the leasehold estate will merge to be extinguished in the freehold reversion and be extinguished on the signing of this surrender.
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13 Feb 2007 v1.1
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Item 5
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Name: ............................................................................................................
Address: .................................................................. ACN: ............................
................................................................................ ABN: ............................
Phone: ............................ Fax: ............................ Mobile: ............................
Email: ............................................................................................................
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