Commercial Sub-Lease Agreement - AUNSWRECM038

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

22 Oct 2018 v1.8

Additions / Changes:

 

Clause 11.3

On the giving of 2 days notice to the Sub-Lessee or as otherwise provided in the Head Lease, The Sub-Lessee will, during the Term, permit the Lessee or any party having a superior title state or interest to the Sub-Lessee, in accordance with the powers contained in the Head Lease to, may at reasonable times enter the Premises for the purposes of:

(1)

inspecting the Premises; or

(2)

viewing the state of repair of the Premises; or

(3)

performing any building and other repair work in accordance with Clause 11.2(2) and 11.2(3) or those works that the Sub-Lessee has failed to complete in accordance with Clause 9.1(4); or and

(4)

exercising their lawful rights and obligations under this and/or the Head Lease.

 

02 Aug 2018 v1.7

Additions / Changes:

 

Item 2

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

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

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

Phone:    (…)………………………… Fax: (…)…………………………  Mobile: ………………………………

Email:     ………………………………………………………………………………… GST Registered: Yes/No

 

Item 3

3.1

Name/s:    ……………………………………………………………………………………………………

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

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

Email:       …………………………………………………………………….. GST Registered: Yes/No

3.2

Lessee’s Agent: …………………………………………………………………………………………….

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

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

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

Email:    …………………………………………………….……………… Licence No.: ………………

 

Item 4

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

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

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

Email:      ………………………………………………………………………………… GST Registered: Yes/No

 

Item 5

(1)

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

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

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

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

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

(2)

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

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

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

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

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

 

Item 11

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

Additional requirements Other:

 

 

 

Clause 9.1

(12)

throughout the Sub-Lease Term at its’ sole cost, in its name and noting the Lessee’s interest obtain the following insurances:


(a)

Property: all stock, furnishings, plant and equipment including fixtures and improvements owned or installed by the Sub-Lessee in the Premises insured against loss or damage including fire, with standard extension coverage;


(b)

Public Liability: in the amount specified in Item 11;


(c)

Plate Glass: all plate glass including frames forming part of the Premises for reinstatement; and


(d)

Business Interruption: business interruption insurance in an amount sufficient to reimburse the Sub-Lessee for loss of earnings;

(12)

insure all property situated in the Premises belonging to the Sub-Lessee, or for which the Sub-Lessee is legally liable, from fire with standard coverage in the joint names of the Lessee and the Sub-Lessee.

(13)

maintain public liability insurance (including liability against damage caused to the Premises as a result of failure or neglect by the Sub-Lessee, their employees, contractors or equipment) in accordance with Item 11;

(14)

insure its own plant, equipment and stock in trade.

(15)

insure all plate glass in the Premises.

(16)

insure for any other form of insurance the Lessee may from time to time reasonably require. (see Item 11)

 

Clause 9.2

The Sub-Lessee will ensure that all insurance policies required to be effected under this Sub-Lease:

(1)

have been approved by the Lessee; and

(2)

are at all times current and cover the agreed risks in accordance with Item 11 and contain conditions acceptable to the Lessee and the Lessee’s insurer.

 

Clause 8.3

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

 

Clause 11.1(4)

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 Term of this Sub-Lease Agreement.

 

Clause 15.1

If a requirement for a Security Bond is provided for in Item 8, for the purpose of securing the performance by the Sub-Lessee of its obligations under this Agreement, the Sub-Lessee must:

(1)

lodge with the Lessee a cash bond give to the Lessee a Security Bond in the amount provided for in Item 8; or

(2)

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

for the purpose of securing the performance by the Sub-Lessee of its obligations under this Sub-Lease Agreement.

 

19 Feb 2018 v1.6

Additions / Changes:

 

Item 2

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

Address: ………………………………………………………………………… ACN: …………………

             ………………………………………………………………………… ABN: …………………

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

Email:    …………………………………… Licence No.: …………… GST Registered: __ Yes __ No

 

Clause 1(3)

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.

 

Clause 1(10)

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

 

Clause 9.1(20)

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

 

Clause 24

Notices

24.1

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


(a)

by delivering the notice to the party personally; or


(b)

by leaving it for the party at the party’s address as stated in Items (2), (3) and (4); or


(c)

by posting it to the party, by registered mail as a letter addressed to the party at the address as stated in Items (2), (3) or (4); or


(d)

by facsimile to the party's facsimile number in Items (2), (3) or (4).

24.2

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.

24.3

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

 

Clause 26

Provision of Documents

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

 

Clause 26

Related Documents / Notices / Electronic Communication

26.1

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

26.2

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


(1)

by delivering it to the party personally; or


(2)

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


(3)

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


(4)

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


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 26.2(1) to (4) above.

26.3

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

26.4

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).

26.5

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

26.6

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

26.7

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

26.8

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

 

Clause 28

Safety

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

 

04 Jan 2018 v1.5

Additions / Changes:

 

NOTE (3)

Any Sub-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 NSW Land Registry Services (NSWLRS) Land & Property Information NSW (LPI) Lease Form 07L.

 

23 Jun 2017 v1.4

Additions / Changes:

 

NOTE (3)

Any Sub-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.

 

17 May 2017 v1.3

Additions / Changes:

 

Clause 9.1(11)

with respect to the Premises, ensure that charges for:

(1)

electricity

(2)

gas

(3)

excess water

(4)

excess of garbage

(5)

sanitary

(6)

telephone

are paid.

 

11 Jun 2015 v1.2

Copyright statement updated.

 

01 Mar 2015 v1.1

Additions / Changes:

 

Item 4

Name/s: ……………………………………………………………………………………..DOB:.……/……./..…..

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

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

Email: …………………………………………………………………………….……  GST Registered: Yes/No

 

Item 7

Annual Rent Payable year one: $……………….…… incl. excl./ plus GST per annum.

$ ……..……..…… incl./ excl./ plus GST 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)

 

Item 10.2(2)

Rental Yr one: Tick ONE only

__ Current Market Rent Review (see Clause 6.4)   __ Other (e.g. CPI)(insert as a Special Condition)

 

Item 13

Payable by Sub-Lessee:  __Yes __  No  

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

Outgoings in addition to those specified in Clause 1(7):   1) …………………………………………………….

(see attached Outgoings Schedule if insufficient room)    2) …………………………………...……………….

 

Sub-Lessee’s Proportion of Outgoings: (tick one of the following)

__ ……………..% of Outgoings    

OR        

__ ……………..% of increases in Outgoings above the Base Year Outgoings where Base Year is 20___

 

Clause 6.2

An option to extend the Term of the Sub-Lease Agreement shall only be granted by the Lessee if the Sub-Lessee has complied with the terms and Conditions of this Sub-Lease Agreement such that there is no existing or unremedied breach or default at the date of exercise of the option.

 

Clause 6.3

The Sub-Lessee, having complied with Clause 6.1 & 6.2, the Lessee will grant a further Sub-Lease of the Premises to the Sub-Lessee on the same terms and conditions as this Sub-Lease Agreement subject to Clause 6.4, excluding Item (10) and this Clause and otherwise varying Item (9) as to the Sub-Lease Commencement and Sub-Lease End Date.

 

Clause 6.4(c)

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.

 

Clause 8.1(1)

Personal Property Securities

(a)

Security Interest notification

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

(b)

Exclusion of Personal Property Act 2009 (Cth) (PPS Act) provisions. To the extent the law permits:

 

(i)

the Sub-Lessee 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;

 

(ii)

the Lessee and the Sub-Lessee agree that sections 96, 125, 129, 142 and 143 of the PPS Act do not apply to this Sub-Lease Agreement.

 

Clause 8.1(2)

Registration and Release of Security Interest

(a)

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

(b)

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

(c)

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


 

Clause 9.1(5)

immediately on receipt of notice pay as directed by the Lessee Outgoings in accordance with Item (13) no later than the due date specified in the Item Schedule.

 

Clause 11.1

On delivery of possession of the Premises the Lessee will ensure the Premises are:

(1)

are clean, safe and fit to occupy.

(2)

clean

(2)

in compliance comply with state and local authority building regulations

(3)

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

(4)

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 Term of this Sub-Lease Agreement.


 

Clause 14.1(e)

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

 

Clause 26

The parties agree and confirm this Sub-Lease 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 Sub-Lease Agreement.

 

Clause 28

Safety

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