Sublease
Basic Information
Date:
Sublessor:
Sublessor’s Address:
Sublessee:
Sublessee’s Address:
Subleased Premises:
Sublease Commencement Date:
Sublease Termination Date:
Sublease Term:
Sublease Rent:
Permitted Sublease Use:
Base Lease
Date:
Landlord:
Tenant:
Premises:
A.Sublessee’s Obligations
A.1.Sublessee agrees to—
A.1.a.Sublease the Subleased Premises for the Sublease Term beginning on the Sublease Commencement Date and ending on the Sublease Termination Date.
A.1.b.Pay the Sublease Rent to Sublessor in advance of the first day of each month.
A.1.c.Obey all laws relating to Sublessee’s use of the Subleased Premises and terms of the Base Lease as they apply to the Subleased Premises.
A.1.d.Vacate the Subleased Premises and return all keys to the Subleased Premises on termination of this sublease.
A.1.e.Indemnify, defend, and hold Sublessor and Sublessor’s agents harmless from any Injury (and any resulting or related claim, action, loss, liability, or reasonable expense, including attorney’s fees and other fees and court and other costs) occurring in any portion of the Subleased Premises. The indemnity contained in this paragraph (i) is independent of Sublessee’s Insurance, (ii) will not be limited by comparative negligence statutes or damages paid under the Workers’ Compensation Act or similar employee benefit acts, (iii) will survive the end of the Sublease Term, and (iv) will apply even if an Injury is caused in whole or in part by the ordinary negligence or strict liability of Sublessor or Sublessor’s agents, but will not apply to the extent an Injury is caused by the gross negligence or willful misconduct of Sublessor or Sublessor’s agents.
A.1.f.Maintain liability insurance for the Subleased Premises and the conduct of Sublessee’s business, with Sublessor named as an additional insured, in the amounts stated in the Base Lease.
A.1.g.Maintain insurance on Sublessee’s personal property.
A.1.h.Deliver certificates of insurance to Sublessor before the Sublease Commencement Date and thereafter when requested.
A.2.Sublessee agrees not to—
A.2.a.Use the Subleased Premises for any purpose other than the Permitted Sublease Use.
A.2.b.Create a nuisance.
A.2.c.Interfere with any other tenant’s normal business operations or Landlord’s management of the building.
A.2.d.Permit any waste.
A.2.e.Use the Subleased Premises in any way that is extrahazardous, would increase insurance premiums, or would void insurance on the building.
A.2.f.Change Landlord’s lock system.
A.2.g.Alter the Subleased Premises.
A.2.h.Allow a lien to be placed on the Subleased Premises.
A.2.i.Assign this sublease or sublease any portion of the Subleased Premises without Sublessor’s written consent.
B.Sublessor’s Obligations
Sublessor agrees to—
B.1.Sublease the Subleased Premises to Sublessee for the Sublease Term.
B.2.Comply with Tenant’s obligations under the Base Lease.
B.3.Enforce Landlord’s obligations under the Base Lease.
B.4.Make available to the Subleased Premises all services and rights provided under the Base Lease.
B.5.Obey all laws relating to Sublessor’s operation of the Subleased Premises.
C.General Provisions
Sublessor and Sublessee agree to the following:
C.1.Defaults by Sublessee are (a) failing to pay timely Sublease Rent, (b) abandoning or vacating a substantial portion of the Subleased Premises, and (c) failing to comply within ten days after written notice with any provision of the Base Lease or sublease other than the defaults set forth in (a) or (b).
C.2.Sublessor’s remedies for Sublessee’s default are to (a) enter and take possession of the Subleased Premises, after which Sublessor may relet the Subleased Premises on behalf of Sublessee and receive the Sublease Rent directly by reason of the reletting, and Sublessee agrees to reimburse Sublessor for any expenditures made in order to relet, (b) enter the Subleased Premises and perform Sublessee’s obligations, and (c) terminate this sublease by written notice and sue for damages.
C.3.Default by Sublessor is failing to comply with any provision of this sublease within thirty days after written notice or for such lesser period provided in the Base Lease.
C.4.Sublessee’s remedy for Sublessor’s default is to sue for damages and, if the default is the failure to enforce Landlord’s obligations under the Base Lease to provide services reasonably necessary for Sublessee to occupy the Subleased Premises, terminate the Sublease.
C.5.This sublease is subordinate to the Base Lease, a copy of which Sublessee acknowledges as received.
C.6.Sublessor may retain, destroy, or dispose of any property left in the Subleased Premises at the end of the Sublease Term.
C.7.Sublessor has all the rights of Landlord under the Base Lease as to Sublessee.
C.8.If either party retains an attorney to enforce this sublease, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and court and other costs.
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If applicable, include additional clauses like those suggested in form 25-13 in this chapter and/or a list of exhibits and riders. |
[Name of sublessor]
[Name of sublessee]
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Include acknowledgement(s) as necessary. |
Consent of Landlord
Landlord consents to this sublease by Sublessor to Sublessee.
[Name of landlord]