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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
09 Nov 2023 v2.5
Clause 5.6(7)
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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.
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Clause 7.3 (2)
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install any equipment in the Premises that may is likely to, overload any Services; or
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Clause 7.3(3)
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carry on any illegal activities or activities which could unreasonably interfere with the rights of other tenants; or
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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 or materially contributed to 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 12.4
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Should the damage or destruction have been caused or materially directly 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.
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Clause 14
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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 will not be unreasonably be withheld and may be granted upon such terms and conditions as the Landlord considers reasonable.
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Clause 16.2
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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 directly relevant to this Agreement.
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Clause 17.1
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The Landlord not having been negligent, 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:
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Clause 18.1 (3)
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the Tenant fails to remedy any breach of its covenants or obligations under this Agreement within a reasonable time, (but not more than) 7 days, after receiving written notice from the Landlord specifying the particular breach and requiring the Tenant to remedy the breach; or
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Clause 21
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All professional fees reasonably incurred by the Landlord in relation to this Agreement shall be paid by the Tenant.
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Clause 25.1
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Time shall be of the essence in connection with the parties obligations under this lease (unless the context permits otherwise), particularly the Tenant’s responsibilities to pay money due under this lease.
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Clause 28
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This Agreement forms the entire Agreement between the parties and each party has entered into this Agreement on the basis of their own enquiries and without relying on representations not contained herein.
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Clause 32 (3)
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indemnity ifies the Landlord against all claims which the Landlord may suffer or incur in connection with any breach or default by the Tenant under this Agreement or any extension or renewal of the Lease Term.
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Clause 34
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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 (together with any forms issued under or in relation to this Agreement).
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04 Apr 2023 v2.4
Item 8.3
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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 prior to the date of expiry of the term)
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Clause 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.
Where this Agreement has been forwarded electronically (either for signing or otherwise) the party receiving the Agreement confirms having consented to the delivery and execution of the Agreement (and any other materials) electronically, before receiving the documentation. The Parties further agree and confirm, any documents and communications in relation to this Agreement, may be forwarded electronically (either for signing or otherwise). This confirmation includes documents forwarded prior to the execution of this Agreement.
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Clause 35.8
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The parties also agree to execution, delivery and service of documents electronically by an method provided by DocuSign or such other agreed electronic signature service provider.
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23 Jul 2019 v2.3
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Clause 1(5)
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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 33
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Privacy
33.1
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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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33.2
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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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33.3
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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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Body Corporates.
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33.4
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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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33.5
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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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33.6
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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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33.7
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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 34
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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 v2.2
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Clause 11.3
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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 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
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(4)
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carrying out requirements of public authorities, and repairs under the lease; 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 v2.1
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Item 3
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Name: ………………………………………………………………………………………………………………
Address: ………………………………………………………………………………………………………………
| ABN: | ………………… Phone: (…)……………… Fax: (…)………………… Mobile: ……………………. |
Email: ………………………………………………………………………………………………………………
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Item 4
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Name: ………………………………………………………………………………… DOB: …… / …… / ……
Address: ………………………………………………………………………………………………………………
| ABN: | ………………… Phone: (…)……………… Fax: (…)………………… Mobile: ……………………. |
Email: ………………………………………………………………………………………………………………
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Item 5
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(1)
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Name: ……………………………………………………………………………………………………
Address: ……………………………………………………………………………………………………
ABN: …………….. Phone: (…)………………… Fax: (…)……………… Mobile: ………………
Email: ……………………………………………………………………………………………………
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(2)
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Name: ……………………………………………………………………………………………………
Address: ……………………………………………………………………………………………………
ABN: …………….. Phone: (…)………………… Fax: (…)……………… Mobile: ………………
Email: ……………………………………………………………………………………………………
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Item 12
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Name: ………………………………………………………………………………………………………………
Address: ………………………………………………………………………………………………………………
| ABN: | ………………… Phone: (…)……………… Fax: (…)………………… Mobile: ……………………. |
Email: ………………………………………………………………………………………………………………
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Item 15
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Public Liability (including product liability) cover: $ …………………………………….
Additional requirements Other:
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Clause 20
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Throughout the Lease Term the Tenant must:
(1)
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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;
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(2)
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have the following insurances:
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(a)
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legal/public liability insurance cover for a minimum of 10 million dollars; and
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(b)
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plate glass insurance against all risks specified by the Landlord;
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(3)
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ensure that all current insurance policies or those required by the Tenant under this Agreement:
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(a)
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have been approved by the Landlord; and
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(b)
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are taken out in the join names of the Landlord and the Tenant for their respective rights and interests
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(b)
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cover the agreed risks in accordance with Item 14 and contain conditions acceptable to the Landlord and the Landlord’s insurer; and
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(4)
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upon request provide copies and provide certificates annually for each insurance policy confirming the currency of such policies to the Landlord.
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07 May 2018 v2.0
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Title
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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’)
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Item 5 Header
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GUARANTOR/S
If more than (2) Guarantors, attach additional names as a schedule to the Special Conditions
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Clause 1(1)
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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.
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Clause 1(5)
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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.
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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 6.3
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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.
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Clause 9.1(7)
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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.
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Clause 9.1(9)
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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 11.5
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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.
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Clause 30
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Notices
30.1
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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 3, 4 and 11; 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 3 or 4; or
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(d)
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by facsimile to the party's facsimile number in Items 3 or 4.
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30.2
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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.
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30.3
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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 33
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Related Documents / Notices / Electronic Communication
33.1
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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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33.2
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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 electronic communication to the party at the appropriate electronic 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 33.2(1) to (4) above.
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33.3
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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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33.4
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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.
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33.5
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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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33.6
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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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33.7
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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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33.8
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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 34
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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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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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01 Jun 2017 v1.9
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Clause 11.1
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On delivery of possession of the Premises the Landlord will ensure the Premises:
(1)
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are clean, safe and fit to occupy
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(2)
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comply with state and local building regulations
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(3)
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have, where required under the Work Health and & Safety Regulation 20112 (Qld), a current asbestos register and asbestos management plan.
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11 Jun 2015 v1.8
Copyright statement updated.
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01 Mar 2015 v1.7
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Item 1
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Address: ………………….…………………………….……………………..……….…………..…………..…...
……………………………………………………………….…...……………………..…………………
Description: …………………………..……………………………..(e.g. as shown on attached diagram plan)
Lot No. ………… on Plan ……..…… Title Reference: …………… Area of Premises: ……… m² (approx.)
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Item 4
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Name: ……………………………………………………………………………………… DOB:..…./…... /……. Address: …………………………………………………………………………………………….………………..
ABN: …….……….. Phone: ………………………. Fax:………………………. Mobile:……….……………..
Email: …………………………………………………………………………………………………………………
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Item 7
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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: ……….………………
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Item 10 Title
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Deposit / SECURITY BOND
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Item 13
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Payable by Tenant: __ Yes __ No
Payable: weekly / fortnightly / monthly in advance on the: ………………………………………………..
Tenant’s proportion / percentage: …………………………………………………………….................……..
(see attached Outgoings Schedule if applicable)
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Clause 1(3)
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Commercial Building: means the building or buildings used for carrying on commercial activities of which the Premises are a part.
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Clause 1(8)
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Item: means items detailed in the Item Schedule of this Lease Agreement.
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Clause 1(10)
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Landlord’s Outgoings: include expenses incurred by the Landlord with respect to the Land and Commercial Building including:
(1)
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all government and local government rates and charges on the Land including water and sewerage rates, general rates and fire levy
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(2)
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periodic charges such as insurance premiums
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(3)
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repair, maintenance and painting (excluding structural matters and major repairs)
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(4)
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body corporate fees and levies payable by the Landlord in respect to the Premises.
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Clause 1(13)
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Security Bond: a cash bond or bank guarantee in the amount as set out in Item (10) adjusted annually in accordance with rental increases.
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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 has the meaning given it in accordance with Section 12 of the Personal Property Securities Act 2009 (Cth).
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Clause 3.2
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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).
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Clause 3.3
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The Deposit is to be applied against Rent at the commencement of the Lease Term.
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Clause 6.2
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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.
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Clause 9.1(4)
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immediately on receipt of notice pay to the Landlord the Landlord’s Outgoings in accordance with Item (13) no later than the due date specified in the Schedule.
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Clause 11.1
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On delivery of possession of the Premises the Landlord will ensure the Premises:
(1)
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are clean, safe and fit to occupy
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(2)
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comply with state and local 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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Clause 15
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Personal Property Securities
15.1
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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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15.2
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Exclusion of Personal Property Securities Act 2009 (Cth) (PPS Act) provisions.
To the extent the law permits:
(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 16
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Registration and Release of Security Interest
16.1
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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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16.2
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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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16.3
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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 17.1(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 34
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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 for Electronic Communication number in the Item Schedule to this Agreement.
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Clause 35
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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 v1.6
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Clause 1(12)
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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 12.5
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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.
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Clause 12.6
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The costs of the dispute will, unless otherwise determined by the Valuer, be paid equally by the parties.
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Clause 14
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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
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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
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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)
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lodge with the Landlord a cash deposit; 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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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 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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17.3
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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.
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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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17.5
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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.
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Clause 32
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The parties agree and confirm 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 v1.5
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Clause 9.3
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If the Tenant fails to remove the Tenant’s Chattels as required by Clause 9.2 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 14
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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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01 Nov 2011 v1.3
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Item 7
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Rent Review Type: CPI / Current Market Rent / Other (if other, see Special Conditions)
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Item 8.2
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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)
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Clause 1(6)
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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)
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Clause 1(7)
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Item: means items detailed in the Item Schedule of this Lease Agreement.
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Clause 1(10)
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Lease Term: the period of time set out in Item (1) of the Item Schedule.
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Clause 1(11)
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Premises: the premises referred to in Item (1) of the Item Schedule.
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Clause 1(13)
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Valuer’s Institute: Means the Australian Institute of Valuers and Land Economists (Inc) Queensland Division.
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Clause 2(5)
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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.
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Clause 5.6
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If specified in Item (7) that the Rent amount is to be reviewed in accordance with Current Market Rent Review
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Clause 5.6(1)
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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.
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Clause 5.6(3)
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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.
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Clause 5.6(5)
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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)
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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;
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(b)
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The Arbitrator will act as an Arbitrator in accordance with the Commercial Arbitration Act 1990; and
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Clause 5.6(6)
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The Valuer Arbitrator will determine the Current Market Rent of the Premises assuming:
(1)
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that the Tenant has complied with all obligations including those relating to and repair and decoration imposed by this Agreement;
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(2)
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that the lease covenants continue other than for quantum of Rent; and/or
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(3)
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any improvements made to the Premises by the Tenant had not been made.
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Clause 5.6(7)
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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.
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Clause 5.6(8)
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Once determined, the rental will be payable from the Initial Rent Review Date.
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Clause 5.6(9)
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The Landlord and the Tenant shall equally share any costs incurred relating to a rental determination under Clause 5.6.
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Clause 6.3
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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.
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Clause 6.4
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Rental for the further term will be:
(a)
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as agreed between the parties
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Or failing agreement:
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(b)
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as provided in Item (8.2).
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(c)
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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.
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(d)
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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)
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(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 6.5
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The Landlord and the Tenant shall equally share any costs incurred relating to a rental determination under Clause 6.4
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Clause 9.1(4)
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immediately on receipt of notice pay to the Landlord, the Landlord’s Outgoings in accordance with Item (13) of the Item Schedule no later than the due date specified in the Schedule.
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Clause 12.5
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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.
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Clause 14.1
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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)
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neglect or default by the Tenant or Tenant’s employees or any person for of whom the Tenant is legally responsible; or
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(b)
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the Tenant’s failure to give notice of service defects; or
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(c)
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damage to person or property caused or contributed to by the Tenant or Tenant’s employees; or
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(d)
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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.
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Clause 15.2(a)
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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
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Clause 16
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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
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Clause 17.1(3)(1)
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have been approved by the Landlord
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Clause 25
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Dispute Resolution
25.1
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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.
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25.2
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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.
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Clause 29
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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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21 Apr 2011 v1.2
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Item 1
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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.)
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Item 5(2)
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Name: ……………..…………………………..……………………………………………………………………
Address: ……………………………………………..……………………………………………………………..
ABN: ………………….. Phone: …………..………. Fax:………..…………. Mobile:………………………..
Email: …………………………..…………………………………………………………………………………..
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Item 6
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Lease Commencement Date: …….…/………../………….. Lease End Date: ……..../……...…/………..
Lease Term: ………………………………………………………………………………………………………..
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Item 7
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Rent Payable year one: $………..…… including/excluding/plus GST per annum.
Monthly Rent $ ……………… including/plus GST payable weekly/fortnightly/monthly in advance on the: …………………………………………….
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Item 14
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Provided: __ Yes __ No Number allocated: ………………… License Agreement: __ Yes __ No
Description (car park location):.………………………………………………………………………………….
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Clause 1(3)
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Consumer Price Index (CPI): is the Consumer Price Index (All Groups Index) for Brisbane as published by the Australian Statistician.
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Clause 7.3(c)
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carry on any illegal activities or activities which could or interfere with the rights of other tenants; or
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Clause 7.3(e)
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not to operate audio equipment at a volume that can be heard external to the Premises.
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Clause 7.3(f)
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erect any signage on the exterior of the Premises without the Landlord’s consent.
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Clause 7.3(g)
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carry out an auction on the Premises.
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Clause 7.3(h)
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use any chemicals, burning fluids, volatile or explosive substances except in the normal course of the Tenant’s business permitted under this Agreement.
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Clause 7.3(i)
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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.
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Clause 17.1(2)
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have the following insurances:
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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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Clause 32
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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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01 Nov 2010 v1.1
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Item 11
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Name: ……………………………………………………… ABN: ……………………….....
Address: ……………………………………………………... Phone: ..…………………………
……………………………………………………… Fax: ………………………….
Email: ………………………………………………………. Mobile: ………………………….
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Item 15 Note
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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.
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Item 16 Warning
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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.
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Clause 1(1)
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Agreed Commission: the amount of commission specified in an agreement between the Landlord and the Landlord’s Agent.
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Clause 3
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The Tenant must pay the Deposit as required in Item (9) as directed by the Landlord and in the case of no specific direction, to the Landlord’s Managing Agent.
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Clause 20
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(1)
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Where the Landlord has appointed an the Agent in Item (10) as the Landlord’s Letting Agent only, the Tenant acknowledges and confirms, subject to Clause 19, after signing this Agreement all matters relating to this Agreement are to be referred directly to the Landlord or Landlord’s Managing Agent.
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(2)
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The Tenant acknowledges and confirms, subject to Clause 19, after signing this Agreement all matters relating to this Agreement are to be referred directly to the Landlord.
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Clause 31
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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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