Lease of Office in an Office

Building

 

CONTRACT OF LEASE

This AGREEMENT OF LEASE made and entered into by and between:

The LESSOR: ____________________, a corporation duly organized and existing under and by virtue of the laws of the Philippines and having its principal place of business at the City of Manila, Philip­pines.

-and­-

The LESSEE:   ____________________ of legal age and resident of the City of Manila, Philippines, (or partnership or a corporation duly organized and existing under and by virtue of the laws of the Philippines, with its principal place of business at the City of Manila).

WITNESSETH:

That the LESSOR hereby leases unto the LESSEE, and the latter hereby accepts in lease from the former, the premises known as ________________ and located at _______________ under the following terms and conditions:

 

1. -The monthly rental shall be _______________ PESOS (P__________), Philippine currency, to be paid by the LESSEE at the office of the LESSOR on or before the fifth (5th) day of each and every month, plus one per centum (1%) surcharge per month for payment of rentals made after the 5th day of the month due. It is expressly agreed and understood that the payment of the rental herein stipulated shall be made without the necessity of express demand and without delay on any ground whatsoever.

 

2. - The term of this lease is _______________ commencing on __________ and expiring on ________________   

 

3. - The LESSEE hereby expressly agrees and warrants that the leased premises shall be used by him (it) exclusively for the following purpose, to wit:_____________________ ; and the said LESSEE is hereby strictly prohibited from using said premises for any other purpose or business without the prior written consent of the LESSOR.

 

4. - The LESSEE shall not directly or indirectly sublease, assign, transfer, convey, mortgage or in any way encumber his (its) right of lease over the leased premises or any portion thereof under any circumstances whatsoever; any contract that may be made in violation of this clause shall be null and void. It is expressly understood and agreed by the parties that the personal character of the LESSEE as here in below represented and the nature of the occupancy of the leased premises as above restricted, constitute and are the special consideration and inducement for the granting of this lease by the LESSOR; consequently, any violation, direct or indirect, of any of the stipulations hereof shall automatically and unequivocally terminate this contract of lease from the time such violation occurs.

 

5. - After this lease has terminated for any reason whatso­ever, if the LESSEE continues the occupation of the premises with the consent of the LESSOR, said extension of lease shall be understood as running from month to month only, under the same terms and conditions herein stipulated, and may be terminated by either party by means of a written notice served upon the other party at least thirty (30) days in advance prior to the date of such termination.

 

6. - The leased premises shall be air-conditioned, but it is expressly understood that the LESSOR shall not under any circum­stances be liable or be held responsible for any breakdown, failure, or non-performance of the air-conditioning equipment of the building, whether due to low voltage, faulty electric current or any other cause or reason whatsoever.

 

7. - The LESSEE hereby expressly acknowledges that the leased premises are in good and tenantable condition and agrees to keep the same in such good and tenantable condition. Any provision of law, present or future, or any stipulation in this agreement to the contrary notwithstanding, the LESSEE hereby agrees and binds himself (itself) to undertake at his (its) exclusive expense, all repairs, necessary or otherwise, such as maybe required to maintain the same in good state of repair. It is expressly agreed and understood, however, that the LESSEE shall not start or proceed with any repair work nor in any case introduce improvements or make any altera­tions in the leased premises without the prior written consent and approval of the LESSOR; and the parties agree that all improvements or alterations of whatsoever nature such as may be made thereon shall, upon completion thereof, form integral parts of the leased premises and shall not be removed there from but shall belong to and become the exclusive property of the LESSOR, without any right on the part of the LESSEE to the reimbursement of the cost or value thereof.

 

8. -The LESSEE shall pay for and defray at his (its) exclusive expense, the consumption of water, electric light, telephone or other utility services in the leased premises; all repairs in the utility service system therein shall be made by the LESSOR but for the exclusive account of the LESSEE.

 

9. - The LESSEE shall not paint; make alterations or changes in the electrical or plumbing installations within the leased premises, without the prior consent of the LESSOR.

 

10. - The LESSEE shall not claim any loss or damage on account of necessary work that the LESSOR may order to be done in the building, and which in any way may interrupt his (its) use of the premises leased.

 

11. - The LESSEE shall comply with any and all laws, ordi­nances, regulations or orders of the National or City Government authorities arising from or regarding the use, occupation and sanitation of the leased premises. Failure to comply with said laws, ordinances, regulations or orders shall be at the exclusive risk and expense of said LESSEE.

 

12. - The LESSEE shall not bring into or store in the leased premises, any inflammable or explosive goods or materials nor any article which may expose the leased premises to fire or increase the fire hazard of the building or increase the rate of insurance of the building, or any other article which the LESSOR may prohibit; the LESSOR shall not do or cause to be done any act or thing which will likewise increase the fire hazard or fire insurance of the building. The LESSEE shall not use the corridors and patios of the building except as a passageway to go in and out of the leased premises.

 

13. - The LESSEE shall comply with all sanitary rules and safety regulations which may be promulgated from time to time by the LESSOR and shall keep and maintain the leased premises in clean and sanitary condition and dispose of all rubbish only thru the means and places indicated by the LESSOR for the purpose.

 

14. - The LESSEE expressly agrees to strictly abide by all the regulations which may be given by the LESSOR from time to time for the tenants of the building in general.

 

15. - For the better security of the tenants of the building, no packages of any kind will be allowed to be carried out of the building without having previously secured a pass from the LESSOR or its duly authorized representatives.

 

16. - The LESSOR or its duly authorized representatives shall have the right to inspect the leased premises at any reasonable hour of the day.

 

17. - The LESSEE shall not put up, paint or inscribe any signboard in or outside the leased premises nor in any portion of the property of the LESSOR, without the previous written consent of the latter.

 

18. - The LESSEE shall be responsible at all times for all acts done by his (its) agents or employees and other persons entering the leased premises insofar as the enforcement of the provisions of this contract is concerned. Any damage or injury to the leased premises due to the fault of the LESSEE, his (its) agents, employees and/or servants or other third persons who may have gained access to the leased premises shall be repaired promptly by the LESSEE at (its) exclusive expense. The LESSOR, however, shall not be responsible for any loss or damage which the LESSEE may sustain in the premises, due to any cause whatsoever.

 

19. - The LESSEE shall not permit or give consent to any other person or entity to advertise as if said person or entity uses, holds office or is otherwise established at the premises leased or any part thereof; and only the name and nomenclature as written in this Contract of Lease shall be placed in the Building Directory and advertised at the top of the main door of the premises leased after a previous written approval of the LESSOR. No sign or advertisement may be placed in the leased premises other than at the place hereinbefore indicated.

 

20. - The LESSEE shall not make or permit any disturbing noise within the leased premises caused by himself (itself) or by persons under his (its) control, nor permit anything to be done by himself (itself) or such other persons which will interfere with the rights, comfort or convenience of the other tenants. The LESSEE shall not play .or suffer to be played in the leased premises any musical instrument, phonograph, radio, or loudspeaker, or install any machinery or device which may cause or tend to cause any noise which may be heard outside the leased premises.

 

21. - The LESSEE shall not use the leased premises for dwelling or sleeping purposes.

 

22. - The LESSEE shall not erect or cause to be erected, any openings in the leased premises to be used as counter to transact business with the general public from the outside of the leased premises.

 

23. - No shades, awnings, blinds or window guards shall be installed or used in the premises without the prior written consent of the LESSOR.

 

24. - The. LESSOR reserves the right to prescribe or limit the weight of any heavy, safe, equipment or other heavy articles which may be placed in the leased premises. No machinery, equipment or articles of any kind which exceeds 500 kilos, dead weight, shall be allowed inside the leased premises. The LESSOR shall have the right to designate the position or location for such heavy objects, within the leased premises for reasons of security.

 

25. -No machinery, office furniture and other equipment may be brought into the building during office hours and without the prior written approval of the LESSOR.

 

26. - The LESSEE warrants that he (it) will not place any inscription, sign, painting, display or any advertisement in the leased premises which is indecent, immoral, objectionable or offensive to public morals or good taste. The LESSOR has the right to prohibit, remove or order the removal or destruction of any such objectionable signs or material which may be found in the leased premises in violation of the warranty aforementioned, without any liability for reimbursement of cost or value thereof.

 

27. - The LESSOR shall not be liable for the presence of bugs, vermin, ants, anay or insects, if any, in the leased premises. The LESSOR shall not be liable for the failure of water supply and/or electric current.

 

28. - No swing doors shall be allowed at the entrance of the leased premises.

 

29. - The LESSOR shall not be responsible for any articles delivered or left to any of its employees.

 

30. -If the rental herein stipulated, or any part thereof, at any time, shall be in arrears or unpaid, or if the tenant shall at any time fail or neglect to perform or comply with any of the covenants, conditions, agreements or restrictions stipulated, or if the tenant shall become bankrupt or insolvent or shall compound with his (its) creditors, then and in any of such above cases, this lease Contract shall become automatically terminated and cancelled and the said premises shall be vacated peacefully by the LESSEE for the LESSOR to hold and enjoy henceforth as if these presents have not been made, and it shall be lawful for the LESSOR or any person or persons duly authorized in his behalf, without any formal notice or demand, to enter into and upon said leased premises, or any part thereof without prejudice on the part of the LESSOR to exercise any or all rights from the contract of lease and those given by law. And upon' such cancellation of the contract the LESSEE hereby grants to the LESSOR the legal right to enter, and take possession of the leased premises as though the term of this Lease Contract has expired.

 

31. -The LESSEE, at the expiration of the term of the lease or cancellation of this lease as herein provided, will promptly deliver the said premises to the LESSOR in as good and tenantable condition, in all respects, as the same now are, reasonable wear and tear excepted, devoid of all occupants, furniture, articles and effects of any kind, provided, however, that non-compliance on the part of the LESSEE with the terms of this herein provided, plus 50% additional sum as penalty, until the LESSEE shall have complied with the terms hereof. This same penalty shall likewise be imposed in case the LESSEE shall refuse to leave the leased premises after his (its) right of lease has expired or terminated for any reasons whatsoever.

 

32. - Deposit in the leased premises of a note to vacate the premises shall constitute due and sufficient notice to the LESSEE as provided by law. Upon the expiration of the term of this lease or earlier termination thereof as above provided, the LESSEE hereby expressly authorizes in advance the LESSOR to enter the leased premises, remove all personal property that may be found in the leased premises and deposit the same in a bodega, and LESSEE further agrees to pay all costs for transfer and storage in the event that the said LESSOR chooses to exercise this action in lieu of the right given in favor of the LESSOR under paragraph 30 of this contract.

 

33. - If said premises be not surrendered at the end of the term, the LESSEE shall be responsible to the LESSOR for all damages which the LESSOR shall suffer by reason thereof and will indemnify the LESSOR against all claims made by any succeeding tenant against the LESSOR resulting from delay by the LESSOR in delivering possession of the premises to such succeeding tenant, insofar as such delay is occasioned by failure of the LESSEE to surrender the premises.

 

34. - The LESSEE hereby expressly recognizes the absolute right of the LESSOR to sell the leased premises, and in the event of sale, this contract of lease shall be deemed ipso facto cancelled and the right of said LESSEE to occupy the premises considered automat­ically terminated.

 

35. - In the event there are two (2) or more lessees under this agreement, the obligations of the LESSEE herein stipulated shall be deemed joint and several, and the signature of any one of the LESSEES to any letter or document pertaining to this lease shall be binding upon each and every one of the LESSEES with the same force and effect as if each and all of them signed such letter or docu­ment.

 

36. - The failure of the LESSOR to insist upon a strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any right or remedy that said LESSOR may have, nor shall it be construed as a waiver of any subsequent breach or, default of the terms, conditions and covenants herein contained, which shall be deemed in full force and effect. No waiver by the LESSOR shall be deemed to have been made unless expressed in writing and signed by the LESSOR.

 

37. - This lease agreement supersedes and renders void any and all agreements and undertakings, oral and/or written, previously entered between the parties covering the property herein leased, and this agreement may not hereafter be modified or altered except by instrument in writing duly signed by the parties hereto.

 

38. -Upon the signing of this agreement, the LESSEE shall pay by way of deposit unto the LESSOR the sum of          ____________________ PESOS (P__________) to be applied in payment of rentals in arrears and other expenses or charges that the LESSEE may owe in favor of the LESSOR.

 

39. - Other Conditions:
________________________________________________________________________
________________________________________________________________________

IN WITNESS WHEREOF, these presents are signed at the City of Manila, Philippines, on this _____day of _______________19_____,­


___________________________________                                   ________________________________
                                    ( Lessor)                                                                                            
(Lessee)



Signed in the presence of:
______________________________
______________________________

         ACKNOWLEDGMENT