This is a Sample of Our Current Commercial LeaseCOMPETITION REALTY

GENERAL COMMERCIAL LEASE

THIS LEASE, Made this ___________ day of ________________________ ___________, by and between

(herein called "Landlord"), and

individually, personally, and guarantor; AND
 

individually, personally, and guarantor; (herein called "Tenant"); Tenant shall include, for the purposes of this lease, the Tenant, its officers, partners, employees, agents, representatives, associates, guarantor(s) or any one acting in concert with the Tenant and Competition Realty LLC (herein called the Broker, agent, Landlord's agent(s),Broker/Agent).

W I T N E S E T H:

1. PREMISES. Landlord leases and demises to Tenant and Tenant takes and leases from Landlord the following storeroom (herein called "demised premises"):

City

Virginia

Zip Code

(A) In consideration of the Tenant's covenants made herein more specially the Tenants agreements herein that provide that the Tenant is not to act without the Landlord's written approval on particular occasions and/or to pay all sums due the landlord timely as herein stated - when due as herein provided, it is hereby mutually agreed that a special discounted term rental is being given to the Tenant. This discounted term rental is $_________.00 - this amount may be increased to the original non- discounted (initial) cumulative term rentals as here provided and under the conditions herein described. The discount rate is hereby acknowledged to be 60%.

(B) The Tenant, its customers, guests, and invitees shall have the right in common to use the parking area as it now exists in front of the demised premises with that of the other tenants, their customers, guests, and invitees, and the tenant shall have ingress and egress over and upon said parking areas.

(C) Except as otherwise provided herein; Tenant has inspected and agrees that the premises is in fit condition and has no waste(s), damage(s), blemish(es),or non-working improvements and all permanent building installations, systems, utilities, and mechanical equipment, including, without limitation, heating, air conditioning, and plumbing (all of the foregoing being herein called the Systems and Mechanical Equipment), are in working condition except for such damages or exceptions as have been itemized and initialed individual on the margins of page 6 of this lease.

(D) The tenant accepts the premises and surrounding land areas as it exists at the date of the signing of this lease and agrees to keep the same in a sanitary and safe condition and not store any toxins, corrosives, flammables, explosives or hazardous material and remove the same along with any trash or debris from the herein described property at the Tenants expense and any improvement(s) made by the Landlord shall be at the Landlord's discretion without any obligation to do so.

2.A. TERM. The term of this Lease shall be for ______________ (___) years and ______________ (____) months and shall commence on ________ day of __________________, ______ and end on the _______ day of __________________, _______. Unless Landlord gives Tenant, or Tenant gives Landlord, written notice of an intention to terminate this lease at least six (6) months (180) days before the end of the original or any renewal term of this lease, then until terminated by such notice, this lease shall renew itself from for a three year period with a yearly 5% increase of rent over the previous year's highest rental rate and subject to all covenants, provisions and conditions herein contained. Except where the context clearly requires otherwise, the word "term", whenever used in this lease with reference to the duration hereof, shall be construed to include any renewal term as well as the original term. The Tenant acknowledges to the Landlord, as a consideration for this lease, any option and/or any renewals or extensions of this or any other lease between the parties for the herein described property, the Tenant's promises and obligations under previous and future leases for the herein described property shall carry forward to this and all future leases for the herein described property - this shall include but is not limited to repairs and removal of the tenant's improvements.

2.B. Options for this lease with reference to the duration hereof, shall be construed to include any renewal term as well as the original term. The Landlord hereby grants unto the tenant an OPTION for an additional __________ (____) years lease period provided Tenant notifies Landlord of its intention to exercise this option with notice to be in writing no later than six (6) months (180 Days) prior to termination date of this lease. The rental for this option period shall be negotiated based upon the then existing economic conditions based upon value of property, any increase in the cost of living index as published by the Bureau of Vital Statistics of the United States Department of Labor, or rentals of similar properties in the area. The actual money rental to be negotiated between the parties. Tenants compliance with all terms and conditions provided for under this lease, including the timely payment of all monies and rents due, is a requisite for the renewal term herein stated. The submission of this lease for examination does not constitute a reservation of or option for the leased premises and this lease becomes effective as a lease only upon execution and delivery thereof by Landlord.

3. PURPOSE. The demised premises shall be used for the purpose of conducting therein:

and for no other purpose whatsoever including the storage of bailed goods. At any time the demised premises are used for any other purpose other than those herein described without the Landlord's prior written approval the remaining term rental and installments payments of the same shall increase (a contingent rental increase) by 60% - the initial term rental. Tenant shall be solely responsible for all stock in trade, and loss of or damage to same due to power or service failure or breakdown in the facilities such as but not limited to Gas, Electric, Water, Sewage, etc. failures. Landlord does not in any way or for any purpose, become a partner of Tenant in the conduct of its business or otherwise, or joint venture or member of a joint enterprise with tenant.

3.A. RENT IS DUE Landlord Without Prior Demand Being Made and Without Offset of Any Kind at 10:00 a..m.. (E.D.T.) at the Address Given Herein (Section 33) :

MONTHLY INSTALLMENT SCHEDULE OF TERM RENTAL OF THIS LEASE SHALL BE PAID AS FOLLOWS (time is of the essence):

$ before or on the first day of each month during the 1st year of this lease from     to  
$ before or on the first day of each month during the 2nd year of this lease from     to  
$ before or on the first day of each month during the 3rd year of this lease from     to  
$ before or on the first day of each month during the 4th year of this lease from     to  
$ before or on the first day of each month during the 5th year of this lease from     to  

3.B. As a further part of the consideration of this lease, Tenant agrees that he will each year during the term of this lease, or any renewal, extensions, or taking of additional space, promptly pay to Landlord as additional rent, on demand, Tenant's proportionate share of REAL ESTATE TAXES, SPECIAL or other GOVERNMENTAL (federal, state, local)/MUNICIPAL (ASSESSMENTS)/TAXES of what ever nature, INSURANCE and utilities (water, sewage, electric, etc) - if applicable - on the herein described premises. Tenant's proportionate share shall mean the percentage arrived by dividing the square feet leased by Tenant by the total net leasable space in the building as determined by Landlord. Tenant's obligation to Landlord as set forth herein shall survive the expiration date of this lease and the expiration date of any renewal term thereof. The assessment, tax, insurance and utility bills/statements from the issuing authorities shall be sufficient evidence of the amount of the utility expense(s), insurance premium, assessment(s), and/or tax liability. The Landlord's intent is for this lease to be a net lease - with the tenant being responsible to pay all of the operational expenses of the property (insurance premiums, repairs, maintenance, utilities so that the rental received by the landlord is entirely net to him over and above any of the operational expenses of the property and for the sums related to these items being due and payable as additional rent when they occur and as herein provided for under the provisions of rent and additional rent payment(s) with the exception of any mortgage payments. Currently tenant's annual approximate proportionate share of: taxes(assessments) are $_____ .___; insurance $_____.___; utilities $_____.___; other $______.___ with the tenant's monthly installment payment on these items being approximately $_______.____ due as additional rent. The first month's rent is due at the execution of this lease.

3.C. The Tenant shall, on demand, pay as additional rent:

(a) Any and all monies due the Landlord and/or Broker as stipulated under this lease and these sums shall be cumulative.

(b) For the succeeding month as set forth in Article 3.A. hereof, any increase of premium for the insurance of the building or premises or any part, above the least hazardous rate that may be imposed in consequence of the use or occupation of the premises by the Tenant. The insurance bill shall be sufficient evidence of the amount of the increase of the insurance premium.

(c) For the succeeding month as set forth in Article 3.A. hereof, any increase of any REAL ESTATE TAXES, SPECIAL or other GOVERNMENTAL (federal, state, local)/MUNICIPAL (ASSESSMENTS)/TAXES of what ever nature of the building or premises or any part, above the amount imposed at the signing of this lease and/or in consequence of the use or occupation of the premises by the Tenant. The tax bill shall be sufficient evidence of the amount of the increase of the tax.

(d) Any and all monies due the Landlord and/or Broker NOT stipulated and set forth in Article 3.A. but required to be paid as herein provided .

3.D. It is agreed between the parties that the Tenant waives all rights with regard to the obligation assumed under this lease; that

and

will endorse said lease, and any extensions and/or renewals and become personally bound thereby; and that upon execution thereof, the Tenant agrees to DEPOSIT the sum of _______________________________ ($__________.00) as a rental/damage deposit and that the LANDLORD BROKER shall hold and apply these deposits (without interest) for the faithful performance of this lease the said deposit to be paid as follows:

$_______________.00 at the execution of this lease; and $__________________.00 on the ___________ day of ____________________ ___, ______ and $____________.00 on the __________ day of _____________________, ______. The herein required deposits shall not be applied to the last month's rent and shall be returned only when the tenant has completed all of his obligations as herein stated.

3.E. Not withstanding any of the herein stated provisions the Tenant's refund of the security deposit requires the faithful performance of all the herein stated terms by the tenant and the tenant shall do or cause the following to be done at the tenant's expense at the end of the lease: Must keep utilities connected to the end of the lease and provide the same for the check-out inspection; full term of the lease has expired; has given due notice as herein stated; has caused no damage(s) (waste) to the property; there are no unpaid rents or late charges; forwarding address is given to the landlord or agent as a notice as herein required; all keys are returned to the landlord or agent; the interior and exterior of all cabinets will be clean; drapes are to be dry cleaned and venetian blinds cleaned; cleaned interior and exterior surfaces of windows; clean window tracks; clean the exhaust vents/flues and replace air filters on the day of check out; clean all counters tops, sinks, tubs, showers, plumbing fixtures and surfaces - mildew free; clean and strip all floors of wax and rewax same; receipted documentation that all carpets were professionally cleaned; no holes, scratches, or stickers are permitted on any wall door, or surface; no touch up or spot (any portion of a surface differing as in color and/or texture from the rest) painting; clean storage areas, and patios; have a professional contractor approved by the agent or landlord fully paint any room which has marks, patches, or hand-prints on surfaces - painted or un-painted; clean gloves of light fixtures and replace all missing or burned out bulbs; cut and trim lawns and hedges - grass is not to be higher than five (5) inches; clean garage, carport, and driveway; premises will be professionally exterminated - receipt required; have fireplace(s), flues and chimney(s) professionally cleaned - receipt required. Tenant agrees to pay all herein stated refurbishing cost that exceed the security deposit.

3.F. In consideration and in lieu of the Landlord and/or Broker not requiring the Tenant to pay the entire term rental as the signing of this lease and permitting the Tenant to pay the term rental as provided for herein and in further consideration of the Landlord leasing the premises herein named to the Tenant and in lieu of a large substantial deposit from the Tenant for the Tenant's faithful performance of all its/ his/her obligations herein stated the Tenant, its agent(s) herein named, and all parties personally guaranteeing this lease - on behalf of the Tenant - individually, severally, and jointly hereby agree that the time is of the essence in the tenant and/or they performing all of its/their duties as herein provided and they further pledge and grants unto the Landlord and the Broker/Agent a security interest in all their enterprises including but not limited to: All of their real property(running with the land to the end of time), personal property, tangible or intangible accounts receivable, merchandise, stock in trade, inventory, advances, deposits (received and/or paid out), claims of all kinds, rights under contracts including contracts to purchase real or personal property, right(s) to use all names and slogans used by Tenant in conduct of said business herein stated or which may become part of the Tenant's enterprises, leaseholds, leasehold improvements, prepaid expenses, customer files, all books and records of the Tenant relating to the business herein stated whether now owned or subsequently acquired as additions to or replacements of such assets, tools, fixtures, machinery, and equipment, office furniture, vehicles, rights under insurance policies, insuring against loss or damage to the above listed property, now owned or which may be subsequently acquired by them and to this end they individually, severally and jointly will execute the Virginia State Corporation's Commission's standard financing statement as prescribed by its Uniform Commercial Code Division. In the event the Tenant, or any person guaranteeing this lease on behalf of the Tenant does not effect a financing statement for the benefit of the Landlord and/or Broker as herein provided the Tenant and the aforesaid individuals guaranteeing this lease on behalf of the Tenant hereby appoint the Landlord and Broker (their assigns, successors, heirs and or agents) as their true and lawful attorney-in-fact for the purpose of executing a financing statement, as here in provided - on their behalf. No sale, transfer assignment, cancellation or release, including a sale or conveyance to Tenant, its successors or Assigns, shall affect Landlord's right to rents or the Broker's rights reserved herein. It is further agreed by the Tenant and all parties personally guaranteeing this lease on behalf of the Tenant that the Landlord and Broker/Agent shall have the right to renew and/or continue the aforesaid security agreement for any renewal period (by whatever name it may be called) of this lease.

3.G. ESCALATION PROVISION: In the event that the Tenant violates any of the covenants contained herein and breaches said lease, said sums herein show as deposits and the present value of the remaining term rental shall be forfeited as minimum liquidated damages under this lease. Provided, however, that the forfeiture of said sums shall not waive Landlord's and/or Broker's rights for additional damages against the Tenant over and above the amount forfeited including additional liquidated damages. The Tenant shall, on demand, pay as additional rent for the succeeding month as set forth in Article 3.A. hereof, any increase of premium for the insurance of the building or premises or any part, above the least hazardous rate that may be imposed in consequence of the use or occupation of the premises by the Tenant. The insurance bill shall be sufficient evidence of the amount of the increase of the insurance premium. Tenant shall, on demand, pay as additional rent, any and all monies due the Landlord and/ or Broker as stipulated under this lease. All contingent rental increases herein contained are to be amassed as a total of increase of term rental due and are payable in a corresponding increase of monthly installments as herein contained.

3.H. The Formula for computing present values as are herein described shall be V=F/(1+i)n wherein V is today's value of a future sum - F, n is the number of years or parts thereof involved, and i is the prevailing local market interest rate banks offers to loan money to its best customers computed annually at the time of default or award of judgement by the Courts, the highest of the 2 aforesaid prevailing rates shall be used.

3.I. The Formula for computing future values as are herein described shall be Fc=Pejn wherein Fc is the future sum of Pe and Pe being the amount of present cost as herein described, and Pe being compounded continuously for one year at j, the prevailing local market interest rate a banks offers to loan money to its best customers, computed annually at the time of the request and/or breach as herein described and n being the total number and/or partial number of years involved.

3.J. Both the future and present value formulas given herein shall use a 360 day year.

4.A. LATE PAYMENTS and RETURNED CHECKS. In the event any installment of rent is not paid/received at the address given herein(Section 33) within five (5) days after it becomes due, and/or a check is returned by the bank for any reason the Tenant will pay a late fee/handling charge of the greater of 10% of the installment of rent due or $100.00 as additional rent to the Landlord and/ or Broker in addition to all fees and cost the Landlord and/ or Broker incurs collecting delinquent rent and/or returned check. Landlord and/ or Broker has the right to require all payments be made by cash, money order, cashier's check, and/or certified Check. Tenant further agrees to pay on demand (or to reimburse Landlord and/ or Broker promptly if Landlord and/ or Broker elects to pay) any and all of the Landlord's and/ or Broker's attorney's fees and court costs incurred in connection with the Landlord's and/ or Broker's enforcement of the landlord's and/ or Broker's rights under the provisions of this lease such as but not limited to the collection of delinquent rents and/or returned checks, or the Landlord's and/ or Broker actions authorized under any section/paragraph of this lease and for all other sums due Landlord and/ or Broker under this lease.

4.B. ATTORNEY'S FEES: In the event any payment herein should be in default, or any covenant of this lease violated by the tenant it is agreed that the tenant shall pay an attorney's fee equal to thirty-three percent (33%) - of that sum herein stated - with a minimum attorney's fee of Five Hundred Fifty Dollars ($550.00) be due and owing as herein provided (whether or not the Landlord's and/ or Broker's attorney files suit); All costs of collection in addition to the aforesaid fees and costs shall be added to the debt hereby incurred by the Tenant under the terms of this lease and shall become due on demand as additional rent.

5. ASSIGNMENT. Tenant (for the purposes of this of this section/paragraph of the lease the term tenant shall include, as applicable, all assigns, subtenants, occupants, lessees, mortgagors, and successors) covenants that the demised premises shall be used only for the purpose above mentioned, and that Tenant for itself, its successors and assigns expressly covenants that it/they shall not by operation of law or otherwise assign, sublet, hypothecate, pledge, encumber or mortgage this lease and/or the demised premises or any part thereof, nor permit any other person to occupy/use same, without the prior written consent of Landlord, which consent may be withheld for any reason.. If the Landlord consents to a transfer, or assignment or sublet of the premises or any part thereof the Tenant agrees to pay to the Landlord a minimum fee of $1,500.00 in respect to each transfer of tenant's estate, or any part thereof, hereunder - for the purposes of this sentence a transfer, assignment or sublet shall include any hypothecate, pledge, encumber or mortgage . The Landlord may require, the Tenant to pay additional rent and damage deposits (damage deposits may be non-refundable) if Landlord permits the Tenant to sublet or assign this lease as herein described. The actual money for additional rental and damage deposits are to be negotiated between the parties. If Tenant is a corporation, partnership, or limited liability company or any other type of entity provided for by the Code of Virginia the sale of a majority of its outstanding capital stock and/or ownership as it may be applicable shall be deemed an assignment of this lease. If any person, firm or corporation other than Tenant is in possession of the demised premises during the term hereof, or if the tenant without the written consent of Landlord assigns, sublets, hypothecates, pledges, encumbers or mortgages this lease and/or the demised premises or any part thereof , or permits any other person to occupy/use same, without the prior written consent of Landlord , Landlord shall have the option of terminating this lease or of considering such person, firm or corporation in possession as the assignee of Tenant and, therefore, obligated to observe and perform all the covenants, provisions and conditions herein contained binding upon Tenant - at any time the demised premises are used for any other purpose other than those herein described or the tenant assigns this lease or sublets the demised premises or any part thereof, or permits any other person to occupy same, without the Landlord's prior written approval the remaining term rental and installments payments of the same shall increase (a contingent rental increase) by 60% - the initial term rental. Bailments by the tenant as either a bailee and/or bailor and the storage of Bailed goods on the premises for the purposes of this lease shall be considered an assignments and/ or sublet of the premises. Regardless of Landlord's consent, no subletting or assignment shall waive the landlords right to withhold its consent for any reason to any other or future assignments, sublets, hypothecates, pledges, encumbers or mortgages of this lease and/or the demised premises or any part thereof, or permit any other person to occupy/use same and it is further acknowledged that the landlord's consent shall not release the Tenant or Tenant's obligations or alter the primary liability of Tenant to pay rent and to perform all other obligations to be performed by the Tenant herein stated. In any sublet or assignment of this lease by the tenant, the tenant shall pay to the landlord all monies and consideration the tenant receives from the sublet or assignment over and above the base rents and deposits herein stated. Without the prior written consent of Landlord, this Lease and the interest therein of any assignee of Tenant herein, shall not pass by operation of law or otherwise, and shall not be subject to garnishment of sale under execution in any suit or proceeding which may be brought against or by Tenant or any assignee of Tenant. The absolute and unconditional prohibitions contained in this lease and Tenant's agreement thereto are material inducements to Landlord and/ or Broker to enter into this Lease with Tenant and any breach thereof shall constitute a material default hereunder permitting Landlord and/ or Broker to exercise all remedies provided for herein or by law or in equity on a default by Tenant.

6. REMEDIES FOR DEFAULT. Tenant covenants that if the demised premises at any time are deserted, abandoned or closed for a period of five (5) days or more, or if Tenant defaults for a period of five (5) days in paying any installment of rent when due or in performing any covenant, provision or condition herein contained binding upon Tenant, or if the Tenant shall terminate or caused to be terminated, for what ever reason, any utility service (water, sewage, electric, gas, telephone, etc.) to the premises, Landlord shall have the right, WITH OUT TERMINATING THIS LEASE or terminating the Landlord's right to receive rents or the Broker to receive fees (from the tenant or landlord as maybe applicable), for the remaining term of this lease, in addition to all other rights and remedies provided by law, the right, without notice to Tenant, to enter and take possession of the demised premises - peaceable or by force. The Landlord, solely at the Landlord's option, may terminate this lease by giving written notice to the tenant within 30 days of taking the premises - as herein provided. Tenant will hold landlord harmless and without liability for such action and Tenant will pay all of the Landlord's cost and/or expenses of whatever nature associated with such action. Wherein the Landlord has taken possession as herein described the Landlord may remove all property therein, without liability for damage to, and without obligation to store such property. The Landlord has the additional right to relet the demised premises, in whole or in part, in one or more leases, for the unexpired portion of the term, or any part thereof, and receive the rent therefore and apply it on the rent and other charges due hereunder, the rate and terms of such reletting to be such as Landlord deems expedient, and Landlord's action shall be final and binding upon Tenant, and Tenant agrees to pay promptly to Landlord on demand, at one time or from time to time, any difference between the rent and other charges payable hereunder and any smaller amounts collected by Landlord from the tenant or tenants to whom the demised premises may be relet as aforesaid. It is the Landlord's and/ or Broker's intent that the tenant's duty to pay rent and/or fees under the terms of this lease shall not lapse upon the Landlord's reentering the property as provided herein. It is further the Landlord's intent that the Tenant be liable for any difference between the rents due under the terms of this lease and the rent obtained by reletting. If Tenant goes into bankruptcy, voluntary or involuntary, or into receivership, or makes a general assignment for the benefit of creditors, Landlord shall have the right to terminate this lease at such time thereafter as Landlord may elect and in any such event and/or election Landlord and/ or Broker shall have all the rights and/or remedies provided by law and/or by this lease. All remedies of Landlord shall be cumulative. All remedies and/or fees of the Broker shall be cumulative. Notwithstanding other provisions herein stated, in the event the tenant violates any provision of this lease the tenant further agrees to pay to the landlord and/ or Broker and/ or their agent(s) or anyone working on their behalf the sum of $125.00 an hour - For the landlord's and/ or Broker's or their agent's time spent enforcing the landlord's and/ or Broker's entitlement(s) under the lease or other promulgations herein provided with a minimum fee for this service - per occurrence - to be $75.00.

7. TENANT'S FURNITURE, FIXTURES, STOCK-IN-TRADE AND MERCHANDISE. Tenant represents and covenants that all furniture, trade fixtures, equipment, stock-in-trade and merchandise(items) which are now or may be hereafter placed in the demised are or will be owned by Tenant at the time the same are placed in the demised premises; that same are or will be fully paid for with no liens or bailments thereon at any time same are on the property; and that all merchandise and/or stock-in-trade, except in the ordinary course of trade as set forth herein shall not be removed from the premise except as set forth herein; and said furniture, fixtures, equipment stock-in-trade and merchandise shall not be removed from the demised premises during the term of this lease, without the prior written consent of Landlord - or as provided herein - provided if, all terms of the lease have been met, all such property shall remain property of Tenant. The Landlord may require an additional deposit for this consent. Bailments by the tenant as either a bailee and/or bailor and the storage of Bailed goods on the premises for the purposes of this lease are not permitted.

8. FIRE HAZARD. Tenant agrees to install such fire prevention and/or extinguishing equipment as Landlord may reasonably require from time to time in writing, or as may be required by law. Tenant further agrees not to do anything which will increase the rate of fire insurance on the building in which the demised premises are located, without the prior written consent of Landlord; and if such consent is given, Tenant agrees to pay promptly on demand to Landlord the amount of the increase in the cost of such insurance, during the term of this lease.

9. UTILITY BILLS. Tenant covenants to pay promptly for all gas, water, electricity, sewage disposal and other utilities used in the demised premises during the term of this lease.

10. LANDLORD'S REPAIRS AND RIGHT OF ENTRY. Landlord covenants that it will, at its own cost and expense and with reasonable dispatch after being notified in writing by Tenant of the need therefore, begin such repairs to the exterior of the demised premises not required of the tenant - those repairs being given in item 11 herein - and as provided and stated in other provisions of this lease - as may be necessary to keep the same in good condition of repair; provided, however, that (i) if the need for such repair is occasioned by a casualty resulting from the negligence or willful act of Tenant, or any of his agents, employees or contractors, then such repairs shall likewise be made by Landlord but shall be charged to and be paid for by Tenant. Anything in the foregoing to the contrary notwithstanding, Landlord shall have no liability whatsoever for damage or injury to person or property occasioned by its failure to make any such repair (e.g., injury or damage to property resulting from leaks caused by a defect in the roof, outside walls, gutters and/or down spout) unless, within 30 days after being notified in writing by Tenant of the need therefore Landlord shall have failed to begin such repair and such failure shall not have been due to any cause beyond Landlord's control, including, without limitation, strikes and/or inability to obtain materials and/or equipment. Landlord, broker their agents, employees and contractors, without prior notice, shall have the unobstructed right, from time to time, to enter the demised premises for the purpose of making any of the aforesaid repairs. Tenant shall not be entitled to any reduction in rent or to any claim for damages by reason of any inconvenience, annoyance, and/or injury to business arising out of any repairs made by Landlord pursuant to this paragraph.

11. REPAIRS AND MAINTENANCE BY TENANT. Tenant acknowledges that all improvements and all permanent building installations, systems, utilities, and mechanical equipment, including, without limitation, heating, air conditioning, and plumbing (all of the foregoing being herein called the Systems and Mechanical Equipment), are in working condition satisfactory to Tenant as of the date of this lease. Tenant will make at its expense all repairs to the Systems and Mechanical Equipment occasioned by normal wear and tear and shall make all necessary replacements and renewals thereof and as provided herein. Tenant shall make at its expense all structural, interior and exterior repairs to the leased premises, including, without limitation, the roof, exterior walls, exterior trim, doors, locks, (tenant is to provide the landlord or his agent/assign with key(s) and/or combinations for all entryway locks in or about the premises) windows, foundations, exterior painting, and any parking lot subject to this lease - this includes normal wear and tear and subject to the other terms herein contained. Tenant will take good care of the leased premises, will permit no waste or injury thereto, will supply its own janitorial service, bottled water and will be responsible for the daily maintenance of the interior and exterior of the leased premises. During the term of this lease Tenant covenants, without limitation, at Tenant's cost and expense (The Tenant's obligations for repairs contained in this lease shall include those occasioned by normal wear and tear.): (i) to keep in good order and repair (and to make such renewals from time to time as may be necessary or advisable) the heating plant and air conditioning equipment; pipes, conduits, wires, electrical fixtures, and other appurtenances of the demised premises, including all water, gas and waste pipes and plumbing fixtures appurtenant thereto, (ii) to unstop promptly all choked waste pipes and toilets (iii) to keep all flues clean, (iv) to replace all broken glass and doors (both interior and exterior) promptly, (v) to carry plate glass insurance and furnish Landlord with satisfactory evidence thereof, and (vi) to keep all other parts of the demised premises (excepting those which Landlord has agreed herein to repair) in good order and condition. All parts and materials used in said renewals or repairs required of the Tenant under this lease shall be new and of a quality equal to that of the original part or material being renewed or repaired. Tenant accepts and acknowledges the heating, air conditioning, mechanical and plumbing condition of said building as being in good working order and agrees to maintain same at their own cost and expense and the Tenant agrees in addition to the maintenance of the mechanical system that they will have the heating and air conditioning serviced at the beginning of the heating and air conditioning season, respectively, that they will periodically (monthly) change filters, add refrigerant and/or other things necessary and assume further responsibility for starting said equipment at the beginning of each season. Tenant shall keep the leased premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. Tenant agrees to keep grass and shrubbery on the property trimmed (grass to be no higher than five (5) inches) and otherwise maintain the grounds in good order, maintain the parking area in a clean and sanitary condition and remove any trash, debris, and/or ice or snow at the Tenant's own expense. If the Landlord decides to hire any maintenance service to maintain the common areas of the property the tenant shall pay its proportionate share of these expenses as additional monthly rent as provided herein. Tenant's share shall be determined in the same manor as the Tenant's share of Taxes and insurance are determined herein. The Tenant shall provide the Landlord with quarterly with statements or invoices from State registered contractors showing that the required maintenance of mechanical equipment or fixtures has been performed. If these documents are not received timely the landlord may assume the required maintenance has not been preformed and the Landlord may hire from that point in time a contractor to preform these services and the Tenant will pay as additional rent and under the terms herein the contractor's invoice for the maintenance herein stated.

12. INSECTS AND RODENTS. Tenant covenants to do and to pay for those things reasonably necessary, or required by law, to keep the demised premises free of termites, roaches, rodents, insects and other pests, and Tenant agrees that Landlord shall not be liable for any damage caused thereby. Tenant will have the premises inspected by an exterminator quarterly and deliver unto Landlord a copy of exterminator's inspection report. Tenant agrees not to keep pets or animals of any nature on the premises without the prior written consent of the landlord, Unless OTHERWISE PROVIDED IN THE LEASE.. Notwithstanding the provisions of the lease to the contrary in the event the tenant has a pet or animal - his or another's - on the premises at anytime during the term of the lease the tenant agrees that he will pay in addition to the monies due under the other terms of this lease and including those for damages a non-refundable pet deposit in the sum of $3,500.00 -this sum is not intended to limit the tenants liability for those damages caused by the pet(s) and/or animal(s) to the additional deposit - this deposit in addition to the other damages caused by said pet or animal . In addition to the aforesaid non-refundable deposit the term and monthly rental rate shall increase $100.00 per month per animal. The Tenant further agrees to replace at the tenant's expense all carpets with carpets of a like quality with no allowance being given to the tenant for wear and tear if tenant has animals or permits animals on the premises.

13. DAMAGE BY TRESPASSERS. Tenant covenants that if the exterior and/or the interior of the building in which the demised premises are located are damaged by vandals or persons breaking, or attempting to break, into the demised premises, the cost of repairing any and all damage to the demised premises and said building caused thereby will be borne by Tenant and promptly paid by Tenant to Landlord.

14. SIGNS. Tenant covenants not to paint or place (nor permit to be painted or placed) any sign or other advertising device, bill or billboard upon or about the demised premises (or the exterior of the building in which the demised premises are located), or any part thereof, without the prior written permission of Landlord(an at-will revokable license). The Landlord may require an additional deposit for granting the aforesaid permission.

15. NUISANCE. Tenant covenants not to allow the demised premises to be used for any illegal or immoral purpose, and not to do (or suffer to be done) in or about the demised premises any act or thing that may be a nuisance, annoyance, inconvenience or damage to Landlord, Landlord's other tenants, the occupants of adjoining property, or the neighborhood nor to hold any fire, bankruptcy, going-out-of-business sale, or auction sales; and will not use sidewalks or any other portions of the common areas for any purpose relating to the selling of merchandise or services.

16. NO ALTERATIONS. Tenant covenants not to paint the demised premises or any part thereof; nor to make (or suffer to be made) any waste thereof or alterations or improvements therein or thereto; nor to place any covering over any floor, without prior written permission of Landlord - at any time the demised premises or any part thereof is painted, or any waste thereof or alterations or improvements therein or thereto, or coverings placed over any floor(s) or the tenant alters, attaches or suspends anything from the building's roof(s) - its joist, or the ceiling(s) or any of their parts without the Landlord's prior written approval the initial term rental and installments payments of the same shall increase (a contingent rental increase) by 60% to the initial term rental along with an additional non-refundable deposit equal to estimate obtained from contractors by the landlord to restore the property to its condition prior to the changes made by the tenant - the contractor's estimate to the landlord shall be sufficient evidence of the amount of the non-refundable deposit due the landlord. This increase in rent and deposit does not release the Tenant's obligation to restore the premises to the conditions as before the Tenant painted, made (or suffer to be made) the waste thereof or alterations or improvements therein or thereto, or placed any covering over any floor. The Landlord may require the Tenant to pay additional rent and damage deposits (damage deposits may be non-refundable) if Landlord permits the Tenant to paint the premises or make any alterations or improvements as herein described. The actual money for additional rental and damage deposits are to be negotiated between the parties. If landlord grants permission for alterations or additions no nails may be used to attach them to the floors, walls or ceilings - only an anchor system may be used - whereby holes are drilled and screws and/or bolts used with the same - said system to be approved in writing in advanced by the landlord before the work commences. In no case may anything be attached to the ceiling(s) or roof or roof joist. The landlord may remove without notice to the tenant any painting done to the demised premises or any part thereof or any waste thereof or alterations or improvements therein or thereto, or coverings placed over any floor(s) done by the tenant without the Landlord's prior written approval as herein provided and the landlord shall be without liability for his actions and the tenant shall pay all of the landlord's expenses and cost associated with the removal of the unauthorized changes as herein described. Tenants obligations herein stated shall carry forward to all future leases negotiated between the herein named parties for the property herein described.

17. CARE OF ROOF. Tenant covenants: (i) not to place (or suffer to be placed) any debris or trash on the roof of the building in which the demised premises are located, (ii) not to cut into or drive nails into or otherwise mutilate said roof, (iii) to keep any gutters and down spouts cleaned and of leaves, needles and other debris.

18. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS. Tenant agrees: That the Landlord and /or his agent has made no representations, implied or expressed , with respect to Federal, State, or Municipal laws, or ordinances applicable to the demised premises or the property of which the demised premises constitutes a part (including, without limitation, laws or ordinances relating to zoning or fire walls), and Tenant shall not have the right to terminate this lease, nor be entitled to any abatement of rent payable herein or any claim for damages, in the event the demised premises cannot be used by Tenant, in whole or part, for the purposes for which the Tenant intends to use the same as herein stated; That Tenant will, at Tenant's expense, promptly comply with and carry out all laws, ordinances, rules, regulations and requirements (including zoning) of the federal, state, municipal and county governments, relating to the demised premises and/or the business conducted therein; Tenant shall at all times during the term of this lease, any renewals and/or extensions, at the Tenant's cost and expense, perform and comply with all laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated, of any governmental agency or authority, having jurisdiction over the demised premises, or the buildings, and improvements now or hereafter located thereon, or the facilities or equipment therein, or the streets, sidewalks, vaults, vault spaces, curbs, gutters, adjoining the demised premises or the appurtenances thereto, or the franchises and privileges connected therewith, whether such laws, rules, orders, ordinances, regulations or requirements so involved shall necessitate structural changes, improvements, interference with use and enjoyment of the leased premises, replacements, or repairs, extraordinary as well as ordinary, and tenant shall so perform and comply, whether or not such laws, rules, orders, ordinances, and regulations or requirements shall now exist or shall hereafter be enacted or promulgated, and whether or not such laws, rules, orders, ordinances, regulations, or requirements can said to be within the present contemplation of the parties hereto - and that Tenant will indemnify Landlord against any and all liability for damage to person and property caused by the breach of any covenant or agreement of Tenant contained in this lease. Tenant recognizes that the Landlord or Broker or Broker's Agent(s) does not make any representation, express or implied, that the demised premises are zoned for the use(s) contemplated by Tenant and expressed in Paragraph 3 of this lease, Tenant being satisfied before executing and delivering this lease that the demised premises can be used for such purpose(s), and Tenant shall not have the right to terminate this lease, nor shall Tenant be entitled to any abatement of rent payable under the provisions of this lease or any claim for damages, in the event Tenant cannot use the demised premises, in whole or in part, for the purpose(s) for which Tenant intends to use same.

19. FAILURE TO REPAIR. Tenant agrees that if Tenant fails to make any repair or to remove any debris as required in this lease, within five (5) days after the receipt of written notice from Landlord in respect thereto, such may be undertaken by Landlord - without further notice to the tenant, and Tenant agrees to reimburse Landlord within 10 days for the cost thereof.

20. CONDITION ON TERMINATION. SURRENDER OF PREMISES: Tenant will surrender the leased premises, at the expiration or sooner termination of the lease term or any renewals or extensions thereof,(at the tenant's cost and expense) broom-cleaned, with all rubbish removed, free of subtenancies, and in good condition and repair including those occasioned by normal wear and tear, and as provided by the other terms herein provided. Tenant will deliver all keys to Landlord or his assign. Further, Tenant agrees that upon the termination of this lease, to deliver to Landlord the demised premises and all appurtenances thereto, peaceably and quietly, in as good order and condition as same now are or may hereafter be put by Landlord or Tenant including those items occasioned by normal wear and tear. Not withstanding any of the herein stated provisions the lease at the termination of this lease the Tenant' shall do or cause the following to be done at the tenant's expense at the end of the lease: Must keep utilities connected to the end of the lease and provide the same for the check-out inspection; full term of the lease has expired; has given due notice as herein stated; has caused no damage(s) (waste) to the property; there are no unpaid rents or late charges; forwarding address is given to the landlord or agent as a notice as herein required; all keys are returned to the landlord or agent; the interior and exterior of all cabinets will be clean; drapes are to be dry cleaned and venetian blinds cleaned; cleaned interior and exterior surfaces of windows; clean window tracks; clean the exhaust vents/flues and replace air filters on the day of check out; clean all counters tops, sinks, tubs, showers, plumbing fixtures and surfaces - mildew free; clean and strip all floors of wax and rewax same; receipted documentation that all carpets were professionally cleaned; no holes, scratches, or stickers are permitted on any wall door, or surface; no touch up or spot painting; clean storage areas, and patios; have a professional contractor approved by the agent or landlord fully paint any room which has marks or hand-prints on painted surfaces; clean gloves of light fixtures and replace all missing or burned out bulbs; cut and trim lawns and hedges - grass is not to be higher than 5 inches; clean garage, carport, and driveway; premises will be professionally exterminated - receipt required; have fireplace(s), flues and chimney(s) professionally cleaned - receipt required. Tenant agrees to pay all herein stated refurbishing cost that exceed the security deposit.

21. IMPROVEMENTS BECOME LANDLORD'S PROPERTY. Tenant agrees that all additions and improvements and attached equipment installed in or on the demised premises by Tenant, including but not limited to, electric wiring, electric fixtures, show window reflectors, screens, screen doors, awnings, awning frames, floor coverings (except carpets and rugs), furnaces and air-conditioning machinery and equipment, shall immediately become the property of Landlord and shall not be removed by Tenant at the termination of this lease, unless requested to do so by Landlord, in which event Tenant agrees to do so and to repair promptly any damage caused by such removal and under the other terms herein stated that relate to repairs by the tenant.

22. DAMAGE BY FIRE. It is agreed that no destruction or damage to any building or improvement on the leased premises by fire, windstorm, or any other casualty shall entitle the tenant to surrender the leased property, or to terminate this lease, or to violate any of its provisions, or to cause any rebate or abatement in rent then due or thereafter becoming due under the terms hereof. It is further agreed that if the demised premises, or the building or buildings of which the demised premises are a part, or any portion thereof, or any improvements now or hereafter constructed thereon or added thereto, shall be damaged by fire or other casualty, so as to render same or any portion thereof, untenantable, in the opinion of applicable governmental authorities or Landlord, Landlord shall have the right, at any time, within 60 days after said fire or casualty, to cancel and terminate this lease, by giving to the Tenant, within said 60 day period written notice of its intention to do so. If this lease is so terminated, rent shall abate from the time of such casualty. If the lease is not so terminated, the demised premises shall be restored, with reasonable dispatch, by and at the expense of tenant. Tenant is to move all items out as necessary for repairs, within five days of receiving the Landlord's request to do so.

23. CONDEMNATION. If any portion of the demised premises shall be taken by the exercise of the power of eminent domain (or sold to the holder of such power pursuant to a threatened taking) this lease shall terminate upon such taking or when sale is completed. Tenant shall not be entitled to any part of the condemnation award or purchase price and Tenant expressly waives any and all rights thereto.

24. LIABILITY OF LANDLORD. It is agreed that Landlord and/ or Broker or their agent(s) shall not be liable or responsible in any way for any damage to person or property sustained in or about demised premises during the term of this lease, howsoever the same may be caused, unless due to Landlord's willful acts, or unless Landlord fails to begin repairs which he has agreed to begin within 30 days after being notified in writing by Tenant of the need therefore.

25. INSURANCE BY TENANT. Tenant agrees to hold Landlord and/ or Broker and their agent(s) harmless from any and all injury or damage to person or property in, on or about the demised premises and the entryways, and such portions of the sidewalks, driveways, and delivery areas as adjoin the demised premises, including, without limitation, all costs, expenses, claims or suits arising in connection therewith. To that end Tenant will, at all times during the term, at Tenant's own cost and expense, carry with a company or companies satisfactory to Landlord and/or Broker, public liability insurance on the demised premises (including said entryways, sidewalks, driveways and delivery areas) with limits of not less than $1,000,000 for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of any one occurrence, and property damage of $10,000 for each accident, which insurance shall be written or endorsed so as to protect Landlord and/ or Broker, and/or theirs agent(s) (Tenant shall name Landlord and/ or Broker and/or their agent(s) as additional insured in the Tenant's insurance coverage). Said policy or policies shall contain a provision insuring Tenant against all liability which Tenant might have under this hold-harmless provision. Tenant shall, at Tenant's cost and expense, obtain and at all times during the term hereof maintain in effect, insurance covering (i) the improvements to the premises made by or on behalf of the tenant, at tenant's expense, prior to the date of commencement of this lease; (ii) tenant's boilers and machinery, if any; (iii) trade fixtures, furnishings, equipment, and inventory, of merchandise located in the premises; and (iv) all alterations, additions, and changes made in accordance with the terms of this lease in or to the premises during the term of this lease, as provided herein, at tenant's expense, providing protection to the extent of not less than one-hundred percent [replacement cost] (100%) of the insurable value of all said items against any and all perils of what ever nature and kind and by what ever name they shall be called within the classification of "fire and extended coverage," together with all other coverages required of the tenant as set forth herein and such coverages shall also included insurance against vandalism, malicious mischief under such coverages shall include but not be limited to sprinkler leakage or other sprinkler damage, if sprinklers are installed, including use and occupancy and/or business interruption insurance for a period of not less than two years that shall cover all of the overhead and expenses [of what nature or name they be called] of the tenant for the period. Tenant hereby waives any and all rights of recovery against the landlord and /or Broker for any lost occurring to such items on account of fire or other casualty, and all policies of insurance required of the tenant herein shall contain appropriate provision(s) recognizing this release by tenant and waving all right of subrogation by insurance carrier . The proceeds of such insurance, so long as this lease - as provided herein - remains in effect, shall be used to repair or replace the items so insured in the event of loss on account of fire or other casualty. All insurance required to be maintained by the Tenant shall be effected by validated and enforceable policies issued by insurers of recognized responsibility satisfactory to the Landlord and/or Broker. Upon the effective date of this lease, and thereafter not less that Fifteen (15) days prior to the expiration dates of the expiring policies theretofore furnished pursuant to this paragraph, originals of the policies for such insurance shall be delivered by the Tenant to the Landlord and/ or Broker. Within Fifteen (15) days after the premium on each such policy or contract shall become due and payable in the amount thereof determined, such premiums shall be paid by the Tenant and the Landlord and/ or Broker shall be furnished with satisfactory evidence of such payment. Certificates of all such insurance policies shall be delivered to Landlord and/ or Broker promptly after their issuance. In the event of Tenant's failure to provide such insurance as herein required of the tenant , Landlord and/ or Broker may, but shall not be required to, obtain such insurance and collect the cost thereof as additional rent herein reserved. For the purposes of this lease and at the option of the Landlord all of the tenant's insurance required herein shall be the primary insurance policies (coverages)and the landlord's insurance(s) shall be the secondary coverage (s).

26. NO SUBORNATION. All fire insurance, extended coverage, and policies relating to other casualties, carried by the tenant to this lease covering the demised premises and/or the contents thereof, shall expressly waive any right on the part of the insurer against the landlord and/or Broker and any other party to this lease, which right, to the extent not prohibited or violative of any such policy, is hereby expressly waived. The parties to this lease agree that their policies will include such waiver clause or endorsement .

27. OCCUPANCY. If Tenant is unable to obtain possession of the demised premises at the beginning of the term hereof due to any act or condition beyond Landlord's and/ or Broker's control, such as the failure of the prior tenant to vacate the demised premises, Landlord and/ or Broker shall not be liable for any loss or damage resulting therefrom and this lease shall not be affected thereby in any way, except that it will not start until premises are available for occupancy by Tenant; provided, however, that if the demised premises are not available for Tenant's occupancy with 90 days after the beginning of the term, Tenant may terminate this lease by giving Landlord and Broker written notice thereof within 10 days after the lapse of said 90 day period.

28. NO WAIVERS. Parties agree that any failure of either to insist upon strict observance of any covenant, provision or condition of this lease in any one or more instances shall not constitute or be deemed a waiver, at that time or thereafter, of such or any other covenant, provision or condition of this lease.

29. ENTRY BY . Tenant agrees that Landlord and/ or Broker or their agent(s) during regular business hours may, from time to time, enter to view the demised premises and to show the same to prospective buyers or tenants. Landlord and/ or Broker may also make repairs, alterations and improvements in and to the demised premises and in and to any portion of property of which the demised premises are a part or which adjoin the same, - in case of emergency in Landlord's and/ or Broker's opinion, and for that purpose Landlord and/ or Broker, and Landlord's and/ or Broker's employees, agents, and independent contractors, may enter the demised premises, and move furniture, showcases, floor coverings and fixtures as may be necessary, without liability for damages resulting therefrom; but nothing herein contained shall be construed to require Landlord and/ or Broker to make any repairs, alterations or improvements. Tenant will furnish landlord and/ or Broker and or theirs agent(s) with operating copies of all keys and/or combinations to locks replaced or installed to all internal and external entryways, doors, or anything installed or affixed to the premises that requires the same.

30. NO PAROL REPRESENTATIONS. Tenant hereby declares that no representation(s) - expressed or implied - has been made to Tenant: (i) concerning any other item not contained in this lease or shown in item 39 herein: (ii) the condition of the demised premises, (iii) Tenant has inspected and examined the demised premises and is renting the same in reliance upon Tenant's own knowledge and information, and (iv) Tenant has been informed that Landlord and/or Broker is not obligated to make any repairs to the demised premises during the term, except such, if any, as are specified in this lease, and (v) no negotiations respecting any item, including repairs, such as talking about that any item or repair(s) or securing estimates for such repair(s), shall in any way obligate the Landlord and/or Broker to that item or repair(s)discussed, nor shall the Landlord and/or Broker be held liable for any damage(s) for failure to make the same unless obligated to do so by the terms herein set forth.

31. NO PAROLE CHANGES. It is agreed that no change shall be made in this lease, except by a writing signed by the parties hereto, setting forth the terms of the agreed modification.

32. FOR RENT, FOR SALE AND MANAGEMENT SIGNS. It is agreed that Landlord and/ or Broker and/or their agent(s) shall have the right to put and maintain "FOR RENT" and "FOR SALE" signs in the display windows and on other portions of the demised premises, in conspicuous places, during the period of 6 months preceding the end of the term. At all times during the term of this lease the Landlord's agent(s) can place and maintain leasing and/or management agent signs on portions of the demised premises, in conspicuous places.

33. NOTICE. Notices required herein to be served on the Landlord and/or Broker shall be given in English by registered or certified mail, return receipt requested, and shall be deemed given when the notice is signed for by the Landlord or the Broker/Agent. All rents shall be paid, and all notices to Landlord shall be given to: Competition Realty LLC, 5368 Providence Road, Virginia Beach, Virginia 23464. or to:

Landlord or Broker/Agent may change the place designated for the giving of such notice by written notice duly and timely given to the Tenant. Notices to be given to Tenant as herein required shall be in English and may be given by hand or by mailing said notice to Tenant by registered or certified mail, or any other United States Postal Service, return receipt requested mail service. Said notice to the Tenant is to be given at the demised property. The notice mailed to Tenant is deeded to be given when the letter is hand delivered or deposited in the mail, postage prepaid. The requirement of notice to the Tenant shall not be applicable to notices of material non-compliance of whatever nature - such as but not limited to pay or quit notices, civil warrants and related documents, or similar documents required by law to be served by judicial or similar officers or others authorized by this lease or law.

34. HEIRS AND EXECUTORS BOUND. All the provisions, conditions and agreements of this lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Landlord and Tenant and the Tenant's sublets.

35. MARGINAL HEADINGS. The headings appearing on the margin of this lease are intended only for convenience of reference, and are not to be considered in construing this instrument.

36. Tenant(s) and/or their agent(s) which are a party to this lease:

(A) Authorize Landlord and/or Broker or their agent(s) to make credit and reference inquires deemed necessary by them during the term of this lease and any extension thereof.

(B) Authorize the release of information contained on their application or sough by such inquiries.

(C) Will update (when requested to do so by the Landlord and/or the Broker or their agent) the General Lease Application and the credit information contained therein

It is understood that an investigative consumer and/or commercial report may be prepared whereby information is obtained through personal interviews with neighbors, friends, business associates, or others with whom Tenant(s) and/or their agent(s) which are a party to this lease are acquainted. This inquiry includes information as to character, general reputation, personal characteristics and mode of living and conducting business of the Tenant(s) and/or their agent(s) which are a party to this leases. Tenant(s) and/or their agent(s) which are a party to this leases have the right to make a written request as permitted by law, within a reasonable period of time to receive additional, detailed information about the nature and scope of this investigation.

37.A. AGENCY DISCLOSURE: The Parties confirm that in connection with the transaction contemplated by this lease Competition Realty LLC, 5368 Providence Road, P.O. BOX 65002, VIRGINIA BEACH, VA 23467-5002, the leasing Broker and its Broker(s)/Agent(s), have acted on behalf of the Landlord and as the Landlord's Agent. The Parties also confirm, with respect to their own representation, that disclosure of the agency relationships described herein was made in writing at the time specific real estate assistance was provided by the Broker and their salespeople. The broker/agent [is] [is not] related to the landlord/owner and/or [does] [does not] have an interest in the property.

37.B. Tenant(s) and Landlord agree that the Broker/Agent, as herein described - (individually, company, firm, jointly and severally) - shall not be liable to the Tenant(s) or Landlord in any way hereunder, including lack of authority to act as the Landlord's Agent with any and all such liability being quit claimed and waived by the Tenant(s) and Landlord except for Agent's wilful misfeasance.

38. RULES, and REGULATIONS. The Landlord reserves the right from time to time to add, amend or supplement Rules and regulations for the property and the Tenant agrees to comply with the same.

39. EXECUTION. This agreement shall become effective when it is signed by Landlord(or the agent acting on behalf of the Landlord) and the Broker. All words in the singular number or masculine gender used in this agreement shall be construed whenever required, to mean the plural number or feminine gender, and all necessary grammatical changes shall be deemed made. If any provision of this lease, its addendums, or any other document related thereto shall be in conflict with any law that provision shall be deleted from this lease and the remainder of this lease, its addendums, or any other document related thereto shall remain in full force and affect. The lease as herein referenced, the documents referenced to therein, and the items given in item 39 herein are the only items that are to be considered in the administration of the rights of the leasehold estate given by this lease and no other document, by what ever name it be called, shall have any controlling effect over the leasehold estate granted by this lease. The parties hereto further agree that this document, the Broker's General Lease Application and the other documents herein referenced are/is the final expression of their agreement(s) and is a complete and exclusive written declaration of all their intents and no representations, understandings or agreements whether oral or written have been made or relied upon in the making of this agreement other than those specifically set forth herein. This lease is intended - by the parties to the same - to be the final expression of their agreements and negotiations for this lease. Below are listed all addendums, or any other document(s) related to this lease considered to be in effect at the signing of this lease and that are to be made a part of this lease:

Item No Number of Pages Description of Item Initials of Parties
a.      
b.      
c.      

40. In consideration of the services of the Landlord's agent(s) procuring this lease and as a covenant running with the land to the end of time, the Landlord Tenant agrees to pay the agent(s) a fee equal to __________% of all rent due during the initial term of this lease , and all renewals of extension thereof by whatever name they are called or during the initial and all renewals, or extended terms of any new lease of the property, or any part thereof, or any other premises in the building of which the property is a part leased in addition to, or in substitution for the property, between the landlord, its successors or assigns, and the tenant (or any officer, director, or partner of Tenant, if Tenant is a Corporation, partnership or limited liability company ) may have an interest as a shareholder, partner, beneficial owner, lender of money or otherwise, that no sale, transfer, assignment, cancellation or release of this lease, the property, or the building of which the property is a part shall affect the agent(s) right to receive the fees as set forth herein and that the agent(s) is hereby granted a lien on the property, and the building of which the property is a part to secure payment of the fees due are herein sated or as provided in the agent(s)' management agreement with the Landlord. Unless otherwise agreed by Landlord and agent in writing the agent shall use his best efforts to collect rents on behalf of the Landlord and promptly remit such rent as collected to the landlord less the amount herein stated to be due the agent as the agent's fee. In the event of default by the Landlord in the terms of the fee arrangements herein stated of if this lease is terminated by Tenant by reasons default by Landlord and/or tenant , then the fee which would have been earned by the agent during the remainder of this lease shall be immediately due and payable by landlord and or tenant (as may be applicable) to the Agent.

41. In consideration of the negotiation of this lease and the handling and/or management of the property by the agent the Landlord agrees to pay the Agent/Broker a fee of twelve percent of the sales price of the property if during the term or any additional term of this lease as herein described, or within one hundred eighty days after the expiration of this lease as herein provided the landlord sells the property to the tenant as herein described or exchanges it with the tenant as herein described for other property of any kind and wherever located.. Nothing more is agreed to other than what is herein contained.

IN WITNESS WHEREOF each party hereto has caused this lease to be executed in his name and; each individual party hereto has hereunto set his hand and seal.

ATTEST:

TENANT, Personally, Individually, and Guarantor

TENANT , Personally, Individually, and Guarantor

TENANT , Personally, Individually, and Guarantor

TENANT , Personally, Individually, and Guarantor

LANDLORD or ATTORNEY-IN-FACT

BROKER/AGENT


THE UNDERSIGNED, for valuable consideration, the receipt whereof is hereby acknowledged, and in further consideration of the execution and delivery of the within lease by Landlord at the request of the undersigned, which request is hereby made, hereby jointly and severally guarantee the prompt and faithful performance by Tenant of all agreements, covenants and obligations of Tenant in said lease contained; and the undersigned hereby covenant and agree that, in the event of Tenant's default or defaults, the undersigned will, upon Landlord's demand, at one time or from time to time as such demand may be made, perform and fulfill any and all agreements, covenants and obligations of Tenant in said lease contained.

The undersigned hereby waive any and all notice of default on the part of Tenant: waive exhausting of recourse against Tenant; waive the benefit of homestead exemptions; and consent to any assignment of this lease and to any sub-lease of the demised premises, in whole or in part, that Tenant or his assignees or sublessee may make.

WITNESS the following signatures and seals this _______ day of _________________________, _________.

 

(SEAL)

(SEAL)

(SEAL)

(SEAL)


IN WITNESS WHEREOF each corporate party hereto has caused this lease to be executed in its name and behalf by its President, or one of its Vice Presidents, and its corporate seal to be affixed and attested by its Secretary, or Assistant Secretary; each individual party hereto has hereunto set his hand and seal; and each partnership party hereto has caused this lease to be executed in its name and behalf by at least one of its general partners.

ATTEST:

TENANT

By(SEAL)

Title

TENANT'S ACKNOWLEDGMENT:

STATE OF VIRGINIA CITY OF to-wit:

I, _________________________________________________________, a Notary Public in and for the City and State aforesaid, whose Commission expire

______________, do certify that _________________________________________________________ and _____________________________ 

President and Secretary, respectively, of ____________________________________________________________________, whose names are signed to the foregoing writing bearing date of the __________ day of ________________________, ______, have acknowledged the same before me in my City aforesaid.

Given under my hand this ________ day of ______________________________________, _________.

_______________________________________________________________________________________________Notary Public

LANDLORD'S ACKNOWLEDGMENT:

STATE OF VIRGINIA CITY OF _____________________________________________, to-wit:


I, _____________________________________________________________________________ a Notary Public in and for the City and State aforesaid, whoseCommission expires ____________________________, do certify that: ____________________________________________________________________________
whose name is signed to the foregoing writing bearing date of the ______ day of _________________, _____, have acknowledged the same before me in my City aforesaid.

Given under my hand this ________ day of _________________________________, _______.



______________________________________________________________________ Notary Public

MEMORANDUM OF LEASE



THIS AGREEMENT made this ____ day of __________________ _______, by and between

(herein called "Landlord"), and

individually, personally, and guarantor; AND

individually, personally, and guarantor; (herein called "Tenant").

W I T N E S S E T H:

THAT LANDLORD, IN CONSIDERATION OF THE RENTS RESERVED AND THE TERMS, COVENANTS, AGREEMENTS, AND CONDITIONS ( including but not limited to a UCC 1, financing statement as therein provided) CONTAINED IN A CERTAIN LEASE BETWEEN THE SAME PARTIES DATED EVEN DATE HEREBY LEASES TO AND TENANT HEREBY TAKES THE PREMISES KNOWN AS

for the term commencing on the ___________ day of _________, ______ and ending on the _________ day of _______________, ______( and which lease may be extended or renewed for an additional term as therein stated on the terms, covenants, conditions, and agreements contained in said lease.

In witness whereof, the parties hereto have executed this memorandum this date.

.

Tenant

Tenant

Tenant

Tenant

Landlord







State of Virginia :

: ss.

City of Virginia Beach :



The foregoing instrument was acknowledged before me this ______day of ____________, ______ by all parties who have signed the same.





S E A L

_________________________________________

NOTARY PUBLIC



MY COMMISSION EXPIRES: _________________

NOTICE TO ALL PARTIES: DO NOT SIGN BEYOND THIS POINT UNTIL SUCH TIME THAT THIS LEASE IS TO BE TRANSFERRED TO ANOTHER PARTY



The within lease is hereby assigned and transferred to

and

in consideration thereof said assignee hereby assumes all agreements, covenants and obligations of Tenant contained in said lease, it being understood that the assignee hereby becomes directly obligated and liable to Landlord in said lease. This assignment shall not be construed to release, alter or modify in any way the obligation of the original Tenant in said lease, or of any guarantor or surety as they may relate to the landlord and shall not become valid until agreed to by the landlord below.

WITNESS the following signatures and seals this _______ day of ____________________________, _______.

 

(SEAL)

(SEAL)

(SEAL)

(SEAL)

(SEAL)

(SEAL)


LANDLORD'S AGREEMENT TO TRANSFER LEASE

The undersigned in consideration of assumption of liability above set out, consents to the above assignment, but this consent is given on the condition that it shall not be construed to release, alter or modify in any way the obligation of the original Tenant in said lease, or of any guarantor or surety.

WITNESS the following signature this _________ day of ___________________________, _____________.

By:

Landlord