Commercial Lease Form - New York

LEASE dated      , between      having a place of business at      (hereinafter called "Landlord"),and     , a
New York corporation having a place of business at     (hereinafter called "Tenant").
W I T N E S S E T H :
1. Demise of Premises, Term and Rent. Landlord does hereby lease and demise to Tenant, and Tenant does hereby
hire and take from Landlord, subject to any ground leases and/or underlying leases and/or mortgages as hereinafter provided,
and upon and subject to the covenants, agreements, term, provisions and conditions of this Lease for the term hereinafter
stated, the portion of the store premises and the portion of the basement each more specifically shown, respectively, hatched
and cross-hatched on the plans attached hereto as Exhibits "A" and "B", said demised premises, together with all fixtures,
equipment, improvements, installations and appurtenances which at the commencement of or during the term of this Lease are
thereto attached (except items not deemed to be included therein and removable by Tenant as provided in Article 4 of this
Lease) are hereinafter called the "premises", and the plot of land on which the Building has been constructed is hereinafter
called the "Land".
The term of this Lease shall commence on       (subject to postponement of said specific date as provided in Article 2
hereof) or on such earlier date as Tenant shall occupy the premises or any part thereof with the consent of Landlord for the
purpose of carrying on the normal functions of Tenant's business (such date for the commencement of the term hereof being
hereinafter called the "term commencement date") and shall end on or shall end on such earlier date upon which said term
may expire or be terminated pursuant to any of the conditions of limitation or other provisions of this Lease or pursuant to law.
The premises shall be used for the following, but not for any other purpose, namely:
Landlord agrees that Landlord will not lease any other space in the Building which is subject to Landlord's control to any
entity for any primary use which includes any use set forth in the preceding paragraph hereof but nothing contained herein shall
preclude Landlord from leasing space where any such use referred to the preceding paragraph hereof is incidental to the
primary or main use of the tenant, occupant or user thereof.
The rent reserved under this Lease for the term hereof shall be and consist of the following fixed rent, namely:
(a) for and during the period commencing on       and ending on     , ($    ) Dollars per annum;
(b) for and during the period commencing on       and ending on     , ($    ) Dollars per annum;
(c) for and during the period commencing on       and ending on     , ($    ) Dollars per annum;
all such fixed rent being payable in equal monthly installments in advance, on the first day of each and every calendar month
during said term (except that Tenant shall pay the monthly installment of fixed rent for the month of      on the execution
hereof), plus such additional rent and other charges as shall become due and payable hereunder, which additional rent and
other charges shall be payable as hereinafter provided; all to be paid to Landlord at is office, or such other place as Landlord
may designate, in lawful money in the Untied States of America. The monthly installments of fixed rent for the month during
which the term commencement date occurs and the month during which the term hereof expires shall each be prorated.
In addition to the foregoing, and in further consideration of Landlord entering into this Lease, upon the execution of this
Lease, Tenant shall also pay to Landlord the sum of $  . If Tenant's check or checks for such sum, or the sum referred to in
the immediately preceding paragraph hereof, shall not be honored by the bank upon which it or they are drawn for any reason
of any kind or nature whatsoever, this Lease shall be, and shall be deemed to be, without notice, immediately cancelled and
terminated and of no further force or effect and Landlord shall have no liability or obligation to Tenant under this Lease.
Provided Tenant shall not at any time be in default of any of the convents, agreements, terms, provisions or conditions
of this Lease on its part to be kept, observed and performed, the monthly installments or part thereof of fixed rent payable by
Tenant to Landlord for the period commencing on the term commencement date and ending on      shall be abated; the
twelve (12) monthly installments of fixed rent payable by Tenant to Landlord for the period beginning    and ending   
shall each be abated by an amount equal to $     ; and, the sixty (60) monthly installments of fixed rent payable by Tenant to
Landlord for the period beginning      and ending    shall each be abated by an amount equal to $     .
Tenant does hereby covenant and agree promptly to pay the fixed rent, additional rent and other charges herein
reserved as and when the same shall become due and payable, without demand therefor, and without any set-off or deduction
whatsoever, and to keep and perform, and to permit no violation of, each and every of the covenants, agreements, terms
provisions and conditions herein contained on the part and on behalf of Tenant to be kept and performed.
For default in payment of additional rent or other sums or charges herein reserved or payable by Tenant, Landlord shall
have the same remedies as for a default by Tenant in the payment of fixed rent payable hereunder.
If Tenant shall fail to pay any installment of fixed rent or additional rent or other sums or charges within ten (10) days
after the same shall be due then, Tenant shall pay a late charge of $      for each $1.00 so unpaid. Nothing herein contained
shall be intended to violate any applicable law, code or regulation, and, in all instances, such late charge shall be automatically
reduced to any maximum applicable legal rate or charge. Such late charge shall be imposed monthly for each late payment
and is in addition to all other rights and remedies available to Landlord and shall not be deemed to limit any such rights or
remedies.
Tenants' obligations and responsibilities pursuant to any provision of this Lease, including the payment of any fixed rent
or additional rent or the keeping, observance or performance of any covenant, agreement, term, provision or condition of this
Lease on Tenant's part to be kept, observed or performed, shall survive the expiration or termination of the term of this Lease.
2. Occupancy.
(a) If the premises are not ready for Tenant's occupancy on the term commencement date, then this Lease shall not be
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Commercial Lease Form - New York DOC

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