Nothing Special   »   [go: up one dir, main page]

RE700 - Commercial Triple Net Lease (Single Tenant)

Download as pdf or txt
Download as pdf or txt
You are on page 1of 13

Commercial Triple Net Lease Agreement

(Single Tenant)

This LEASE AGREEMENT (the “Lease”) is made and entered into this __ day of ________, 20__ (the “Effective
Date”), by and between_______________________________________________________, (“Landlord”) and
_______________________________________________________, (“Tenant”) for the hereinafter described
Premises, and in consideration of the mutual promises contained herein. It is expressly understood and agreed that this
Lease creates the relationship of Landlord and Tenant. This Lease creates a usufruct and is not intended to create an
estate for years or transfer any ownership interest in the Premises to Tenant.

1. PREMISES LEASED
Landlord hereby Leases to Tenant and Tenant leases from Landlord the land, described as follows: [check all that
apply]
o property address: __________________________________________________________________;
o more particularly described on the Legal Description Exhibit attached hereto;
o identical to the legal description for the property contained in the deed recorded in Deed Book
_________, Page ____________, et seq., _________________ County, Georgia records;
o Land Lot(s) _____________________ of the ______________ District, _____________ Section/
GMD, Lot ___, Block ________, Unit ___________________, Phase/Section___________ of
__________ Subdivision /Development, _____________ County, Georgia according to the plat
recorded in Plat Book _________________, Page ________________, et seq., ___________ County,
Georgia records;
together with all permits, privileges, rights, members, and appurtenances thereto and together with all buildings,
improvements and fixtures located thereon (the "Premises").

2. PROPERTY MANAGEMENT
From time to time, and at the Landlord’s sole discretion, Landlord may engage the services of an agent or property
manager (“Property Manager”), the terms of whose relationship with Landlord shall be set forth in a separate
Property Management Agreement, to assist in the enforcement of Landlord’s rights under this Lease, including, but
not limited to the collection of rents, processing rental applications, assisting with repairs, holding security deposits,
etc. Landlord shall provide Tenant with written notice, within no less than five (5 )banking days, of the engagement
of any such Property Manager or of any change in the designated Property Manager.
The Property [check one]:
o IS currently managed by a Property who is authorized to enforce the terms of and sign this Lease on
behalf of Landlord; or
o IS NOT currently managed by a Property Manager.

3. TERM OF LEASE
The initial term of the Lease shall commence as of the Effective Date and shall continue for ___ months, unless
terminated sooner as provided in this Lease (together with any Extension Term(s) [as defined below], the “Term”).
Unless extended or sooner terminated as provided herein, this Lease shall expire on _____________. If Tenant remains
in possession of the Premises following the expiration of the Term without Landlord’s written consent, then Tenant shall
be deemed a tenant at sufferance and shall continue to pay rentals and other sums required under this Lease at a rate
equal to two hundred percent (200%) of the current rental rate immediately prior to the expiration of the Term, and
Tenant shall continue to comply with all terms and conditions of this Lease. If Tenant remains in possession of the
Premises following expiration of the Term with Landlord’s written consent, Tenant shall be deemed a tenant on a month-
to-month basis and shall continue to pay rentals and other sums required under this Lease at a rate equal to one
hundred and fifty percent (150%) of the current rental rate immediately prior to the expiration of the Term, and Tenant
shall continue to comply with all terms and conditions of this Lease. Nothing contained within this Section, nor the
acceptance of any rent or other sums by Landlord from Tenant, shall be deemed Landlord’s consent to Tenant’s
holding over. Tenant shall indemnify Landlord and Landlord’s representatives, agents, directors, officers, shareholders,
trustees, beneficial owners, partners, members, employees, affiliates, subsidiaries, and successors and assigns
(collectively, “Landlord Related Parties”) from any and all claims, losses, and damages, including, without limitation,
consequential damages, resulting from Tenant’s failure to surrender possession of the Premises at the expiration of the
Term. This Section shall survive the expiration or earlier termination of the Lease.

Page 1 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
4. RENEWAL OF LEASE
Provided there is no on-going Event of Default (as defined herein), Tenant shall have the right, at its option, to renew this
Lease for __ additional successive periods of ____________ (each, an “Extension Term”). Tenant shall exercise its
right to renew by giving Landlord written notice of its intent to do so no less than sixty (60) days prior to the expiration of
the Term. If Tenant fails to give Landlord notice pursuant to this Section, then Tenant shall not have any further right to
renew the Lease. Within thirty (30) days of receipt of Tenant’s notice to renew, Landlord shall present Tenant with terms
to adjust the Base Rent in accordance with the then-current market rate for similar space in the ___________, Georgia
area (the “Extension Terms”). Landlord and Tenant agree to negotiate in good faith and attempt to agree on the
Extension Terms. If Landlord and Tenant are able to come to an agreement within thirty (30) days after Landlord has
presented Tenant with the Extension Terms, then Landlord and Tenant shall enter into an amendment to this Lease
setting forth the Extension Terms therein. If Landlord and Tenant are unable to come to an agreement within thirty (30)
days after Landlord has presented Tenant with the Extension Terms, then Tenant shall elect either to (i) withdraw its
notice to extend and this Lease shall terminate at the expiration of the Term, or (ii) accept Landlord’s last offer regarding
the Extension Terms, in which case Landlord and Tenant shall enter into an amendment to this Lease setting forth the
Extension Terms therein. Upon expiration of this Lease, the parties shall have no further rights and obligations with
respect to one another except for those rights and obligations which expressly survive the expiration of the Lease by their
own terms as set forth in this Lease.

5. DELIVERY OF POSSESSION BY LANDLORD


Except for any work to be performed by Landlord at the Premises (the “Landlord Work”), as may be provided in a
separate addendum attached hereto, Landlord shall deliver the Premises to Tenant “AS IS” and “WHERE IS” without
representation or warranty. Tenant has examined the Premises and acknowledges and agrees that the Premises are
satisfactory for Tenant’s Permitted Use (as defined below). Landlord shall assign to Tenant for Tenant’s benefit any
warranties currently in effect relating to the construction, maintenance, and use of the Premises or any portion thereof.

6. RENT
Tenant shall pay to Landlord, without any deduction or set-off whatsoever, base rent in the amount of $___________,
payable in advance on the first day of each month during the first twelve (12) months of this Lease (the “Base Rent”).
Base Rent and other sums due to Landlord under this Lease are collectively referred to herein as “Rent.” If the Effective
Date is on any day of the month other than the payment date expressed in this Section, Rent will be prorated until the
st
next regularly scheduled payment date. On the first (1 ) anniversary of the Effective Date and every anniversary
thereafter until the expiration of the Term, Base Rent shall increase according to the following schedule:

Period Base Rent per Square Foot Monthly Installment Annual Base Rent

If Tenant fails to pay Rent within three (3) business days of the date when due, a late charge in the amount of
US$_____________ will be due and payable immediately by Tenant to Landlord. The first installment of Base Rent
shall be due upon execution of this Lease.

Landlord and Tenant acknowledge and agree that the Rent payable hereunder shall be net to Landlord, such that this
Lease shall yield to Landlord the Rent specified herein and all costs, expenses, and obligations of every kind and nature
whatsoever relating to the operation, maintenance, repair, restoration, and replacement of the Premises and all
improvements and appurtenances thereto shall be paid by Tenant, including, without limitation, those costs and
expenses related to taxes and insurance as provided elsewhere in this Lease. So long as Tenant shall pay Rent and
other sums required under this Lease and shall keep and perform all of the terms, covenants, and conditions on its part
herein contained, Tenant shall have the right to the peaceful and quiet occupancy of the Premises.

Page 2 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
7. SECURITY DEPOSIT
7.1. Deposit of Funds- Tenant [check one] o HAS or o HAS NOT paid a refundable security deposit as of
the date of this Lease, and if not, then Tenant shall pay the refundable security deposit in the amount of
US$______________ (the “Security Deposit”) within _____ days of the execution of this Lease, which Security
Deposit shall be held by [check one] o Landlord, or o Other: ________________________________
______________________ (the “Escrow Agent”). The Security Deposit shall be deposited within five (5)
banking days in an interest bearing or non-interest bearing bank account established only for that purpose
located at __________________________ _____________________________________. If deposited into
an interest bearing account, the holder of the security deposit shall be entitled to retain any interest accrued. If
the Escrow Agent or Landlord is a Georgia real estate licensee, the Security Deposit shall be deposited into a
trust account that is registered with the Georgia Real Estate Commission and is in compliance with the rules
and regulations of the Georgia Real Estate Commission.
7.2. Transfer of Funds- Landlord shall have the right, after ten (10) banking days’ written notice to Tenant and
Escrow Agent, to transfer the Security Deposit to another holder and designate a new Escrow Agent, provided
that if Escrow Agent is a Georgia real estate licensee, the Tenant shall agree in writing.
7.3. No Offset of Rental Payments – The Security Deposit shall not be considered an advance payment of
Rent or a measure of Tenant’s liability for damages as a result of an Event of Default. Tenant shall not have the
right to offset any rental payment or any other fee due under this Lease against the Security Deposit. Landlord
may, from time to time, without prejudice to any other remedy and without waiving such default, use the Security
Deposit to the extent necessary to cure or attempt to cure, in whole or in part, any Event of Default by Tenant
under the Lease. Following any such application of the Security Deposit, Tenant shall pay to Landlord on
demand the amount so applied in order to restore the Security Deposit to its original amount.
7.4. Return of Funds-The Security Deposit shall be returned to Tenant at the Tenant’s last known mailing
address via first class U.S. mail, postage prepaid, within thirty (30) days following the expiration of this Lease if
all monies due Landlord have been paid, the Tenant has vacated the Property, and Tenant is not in default
under the terms of this Lease. Landlord shall be entitled to withhold from the Security Deposit any sums still
owed under this Lease, including, but not limited to, final rent payments, amounts owed for repairs (normal
wear and tear excepted), amounts paid by Landlord to remove Tenant’s personal property, delinquent utility bills
paid on behalf of Tenant, or cleaning fees due to Tenant’s failure to return the Property to Landlord in the same
degree of cleanliness it was in when Tenant took occupancy of the Property (normal wear and tear excepted).
The Security Deposit shall become the property of the Landlord ninety (90) days after the letter is mailed if the
letter is returned as undeliverable, and if Landlord’s reasonable attempts to locate the Tenant have failed.
7.5. Liability of Escrow Agent- It is agreed that the duties of Escrow Agent are herein specifically provided and
are purely ministerial in nature, and that Escrow Agent, so long as Escrow Agent is acting in good faith, shall
incur no liability whatsoever with respect to the Security Deposit except for willful misconduct or negligence.
Landlord and Tenant do each hereby release Escrow Agent from any liability for any error of judgment or for
any act done or omitted to be done by Escrow Agent in the good faith performance of its duties hereunder and
do each hereby indemnify Escrow Agent against, and agree to hold, save, and defend Escrow Agent harmless
from, any costs, liabilities, and expenses incurred by Escrow Agent in serving and faithfully discharging its duties
and obligations hereunder.

In the event a dispute arises between the parties regarding the final disbursement of the Security Deposit, the
Escrow Agent may, upon written notice to the parties:
7.5.1. disburse the funds based upon a reasonable interpretation of this Lease; or
7.5.2. bring an appropriate action or proceeding in a court of competent jurisdiction for leave to deposit
the Security Deposit, less the costs and expenses of the interpleader action actually incurred by Escrow
Agent, including reasonable attorney fees. If Escrow Agent elects to interplead the Security Deposit, the
Escrow Agent shall first give the parties ten (10) banking days’ advance written notice.

8. TAXES AND ASSESSMENTS


Tenant shall pay, as they accrue, all taxes and assessments of every type or nature assessed against, imposed
upon, or arising with respect to Tenant’s fixtures, personal property, appliances and furniture located on the
Premises. Additionally, Tenant shall pay as Additional Rent and concurrently with each monthly Rent payment one-
twelfth of all other estimated annualized taxes and assessments of every type of nature assessed against, imposed
upon, or arising with respect to the Premises. The amount of the Additional Rent shall be based on the previous

Page 3 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
year’s actual assessments and shall be adjusted annually by Landlord after delivering a written statement to Tenant
of the amount assessment in the previous tax year. For the purposes of this Lease, a “Lease Year” shall mean a full
calendar year, and the first Lease Year shall include the partial year beginning on the Effective Date. If in any Lease
Year taxes actually paid or incurred by Landlord shall exceed the amount of such taxes which became due and
payable in the previous year, Tenant shall pay as additional rent for such Lease Year such excess amount within 30
days of receipt from Landlord of a written statement providing such amount. If in any Lease Year taxes paid or
incurred shall be less than the estimated payments for the calendar year previously made by the Tenant, Landlord
will pay Tenant the amount of the overpayment within thirty (30) days after delivery of said statement. If the Lease
commences on a day other than the first day of the calendar year or ends on a day other than the last day of a
calendar year, the Additional Rent shall be prorated.

9. UTILITIES
Tenant shall contract, in its own name, for and pay when due all charges for the connection and use of water, gas,
electricity, telephone, garbage collection, sewer use, and other utility services supplied to the Premises during the Term.
Under no circumstances shall Landlord be responsible for any interruption of any utility service unless the interruption is
the result of the acts of Landlord’s direct contractors or employees and the interruption lasts more than 48 hours.

10. INSURANCE
10.1. Throughout the Term, Tenant shall maintain with respect to the Premises, at its sole expense, the
following types and amounts of insurance:
10.1.1. Insurance against loss, damage or destruction by fire and other casualty, including theft, vandalism
and malicious mischief, flood (if the Premises are in a location designated by the Federal Emergency
Management Administration as a Special Flood Hazard Area), earthquake (if the Premises are in an area
subject to destructive earthquakes within recorded history), boiler explosion (if the Premises contain a
boiler), plate glass breakage, sprinkler damage (if the Premises have a sprinkler system), all matters
covered by a standard extended coverage endorsement, special coverage endorsement commonly known
as an “all-risk” endorsement and such other risks as Landlord may reasonably require, insuring the
Premises for not less than 100% of their full insurable replacement cost with an “agreed amount”
endorsement.
10.1.2. Commercial general liability and property damage insurance written on an occurrence form,
covering Landlord and Tenant against bodily injury liability and property damage liability, including without
limitation any liability arising out of the ownership, maintenance, repair, condition or operation of the
Premises or adjoining ways, streets or sidewalks and, if applicable, insurance covering Landlord and
Tenant against liability arising from the sale of liquor, beer or wine on the Premises. Such insurance shall
cover at least the following hazards: (a) premises and operations, (b) products and completed operations,
(c) personal injury and advertising injury, (d) independent contractors, (e) blanket contractual liability for all
written and oral contracts, and (f) contractual liability covering the indemnities contained in this Lease, to the
extent the same is available. Such insurance shall be in amounts of not less than $_______________ per
occurrence with respect to any insured liability, whether for personal injury or property damage, or such
higher limits as Landlord may reasonably require from time to time, and shall be of form and substance
satisfactory to Landlord with a per location aggregate of not less than $_______________. Such insurance
shall provide that the general aggregate limits apply separately to each insured location. If Tenant’s liability
policies do not contain the standard ISO separation of insureds provision, or a substantially similar clause,
they shall be endorsed to provide cross-liability coverage.
10.1.3. Business income insurance or rental interruption insurance, as requested by Landlord, without a
provision for co-insurance, in an amount equal to 100% of the Base Rent for a period of not less than
twelve consecutive calendar months.
10.1.4. State Worker’s compensation insurance in the statutorily mandated limits, employer’s liability
insurance with limits not less than $500,000 or such greater amount as Landlord may from time to time
require and such other insurance as may be necessary to comply with applicable laws.
10.1.5. During any period of construction, restoration, reconstruction, rehabilitation, replacement or
alteration to the Premises, builder’s risk insurance in so-called non-reporting form upon all buildings,
improvements and related appurtenances while under construction in an amount and with coverage
approved by Landlord in its reasonable discretion but only to the extent that such coverage is not being
maintained by Tenant’s contractor(s) pursuant to a policy or policies that satisfy this requirement.

Page 4 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
10.1.6. Building ordinance coverage, including demolition and increased cost of construction and
contingent operation from building laws coverage. “Coverage A” of such coverage shall be written for an
amount equal to the full insurable replacement cost of the building. “Coverage B” of such coverage shall
be written for an amount not less than $250,000. “Coverage C” of such coverage shall be written for an
amount not less than $1,000,000.00.
10.1.7. Automobile liability with a limit of not less than One Million Dollars ($1,000,000.00) for each
accident, with such insurance covering liability arising out of any automobile used in the furtherance of
Tenant’s business interests, including owned, hired and non-owned automobiles.
10.1.8. Such other insurance as may from time to time be reasonably required by Landlord in order to
protect its interests with respect to the Premises.

10.2. All insurance policies shall:


10.2.1. Provide for a waiver of subrogation by the insurer as to claims against Landlord, any lender or
mortgagee (a “Lender”), and their respective employees and agents and provide that such insurance
cannot be unreasonably cancelled, invalidated or suspended on account of the conduct of Tenant, its
officers, directors, employees or agents;
10.2.2. Provide that no “Other Insurance” clause in the insurance policy shall exclude any policies of
insurance maintained by Landlord or Lender and that the insurance policy shall not be brought into
contribution with insurance maintained by Landlord or Lender;
10.2.3. Contain a standard without contribution mortgage clause endorsement in favor of Lender and its
successors and assigns as their interests may appear and any other party designated by Landlord;
10.2.4. Provide that the policy of insurance shall not be terminated, cancelled, substantially modified or
allowed to lapse on any renewal date without at least twenty (20) days’ prior written notice to Landlord,
Lender and to any other party covered by any standard mortgage clause, loss-payee or additional insured
endorsement;
10.2.5. Provide that the insurer shall not have the option to restore the Premises if Landlord or Tenant
elects to terminate this Lease in accordance with the terms hereof;
10.2.6. Be issued by insurance companies licensed or authorized to do business in the state in which the
Premises are located and which are rated A-VIII or better by Best’s Insurance Guide or are otherwise
approved by Landlord; and
10.2.7. Provide that the insurer shall not deny a claim because of the negligence of Tenant, anyone acting
for Tenant or any tenant or other occupant of the Premises.

10.3. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE FOREGOING MINIMUM LIMITS OF
INSURANCE COVERAGE SHALL NOT LIMIT THE LIABILITY OF TENANT FOR ITS ACTS OR OMISSIONS
AS PROVIDED IN THIS LEASE. All insurance policies (with the exception of worker’s compensation insurance
to the extent not available under statutory law), shall designate Landlord and Lender and their respective
successors and assigns as loss payees and additional insureds, and shall be payable as set forth herein. All
such policies shall be written as primary policies, with deductibles and self-insured retentions not to exceed 5%
of the amount of coverage. Any other policies, including any policy now or hereafter carried by Landlord or
Lender, shall serve as excess coverage. Tenant shall procure policies for all insurance for periods of not less
than one year and shall provide to Landlord and Lender certificates of liability insurance using an ACORD 25
form and an ACORD 28 form to provide proof of property insurance or, upon the request of Landlord or Lender,
duplicate originals of insurance policies evidencing that insurance satisfying the requirements of this Lease is in
effect at all times. Additionally, before entering the Premises, Tenant shall deliver such certificates to Landlord.
In the event of any transfer by Landlord of Landlord’s interest in the Premises or any financing or refinancing of
Landlord’s interest in the Premises, Tenant shall, upon not less than ten (10) days’ prior written notice, deliver to
Landlord or any Lender providing such financing or refinancing, as the case may be, certificates of all insurance
required to be maintained by Tenant hereunder naming such transferee or such Lender, as the case may be,
as an additional named insured to the extent required herein effective as of the date of such transfer, financing
or refinancing.
10.4. If Tenant fails to procure insurance as required in this Section and fails to maintain the same in full force
and effect throughout the Term and any Extension Term, then Landlord shall be entitled to procure the same
and Tenant shall, within two (2) business days after demand therefor, reimburse Landlord for such premium
expense plus 10% as Rent.

Page 5 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
10.5. By requiring insurance herein, Landlord does not represent that coverage and limits will necessarily be
adequate to protect Tenant, and such coverage and limits shall not be deemed as a limitation of Tenant’s
liability under any indemnification provisions in this Lease. Failure of Landlord to demand such certificate or
other evidence of full compliance with these insurance requirements or failure of landlord to identify a deficiency
from evidence that is provided shall not be construed as a waiver of Tenant’s obligation to maintain such
insurance.

11. USE OF PREMISES


Tenant shall use the Premises for the following use (the “Permitted Use”), and for no other use whatsoever:
__________________________________________________________________________. Tenant shall neither
permit nor suffer the Premises to be occupied or used for any purpose which would constitute a nuisance, or otherwise
noxious, unlawful, disreputable, or hazardous purpose.

12. MAINTENANCE OF THE PREMISES


Tenant shall (i) maintain the Premises in good condition and repair, subject to reasonable and ordinary wear and tear,
free from actual or constructive waste, and (ii) pay all maintenance and operating costs of the Premises in the ordinary
course of business. Tenant waives any right provided under applicable law that would (a) require Landlord to maintain,
repair, replace, or rebuild all or any part of the Premises, or (b) make repairs at the expense of Landlord.

13. COMPLIANCE WITH LAWS Tenant shall, at its sole cost and expense, comply with all federal, state, and local
laws, restrictions, covenants, conditions, agreements, and encumbrances of record, including, without limitation, the
Americans With Disabilities Act and all Environmental Laws. Tenant shall not store or use a Hazardous Material on,
under, at, or from the Premises, except as required for Tenant’s Permitted Use and in compliance with all Environmental
Laws. Tenant shall not release (a “Release”) or transport a Hazardous Material on, under, at, or from the Premises,
except as required for Tenant’s Permitted Use and in compliance with all Environmental Laws. Tenant shall promptly
notify Landlord and report to Governmental Authorities (as defined below), if required under the Environmental Laws,
any Release or threatened Release, contamination, or notice thereof. This Section shall survive the expiration or earlier
termination of the Lease. For purposes herein, “Environmental Laws” shall mean any present and future federal, state
and local laws, statutes, ordinances, rules, regulations, orders, injunctions and decrees of any governmental authority,
agency, department, commission, bureau, board, court, or quasi-governmental authority having jurisdiction or
supervisory or regulatory authority over the Premises or Tenant (the “Governmental Authorities”) and common law,
relating to Hazardous Materials and/or the protection of human health or the environment by reason of a Release or a
threatened Release of Hazardous Materials or relating to liability for or costs of Remediation or prevention of Releases.
“Environmental Laws” includes, but is not limited to, the following statutes, as amended, any successor thereto, and any
regulations, rulings, orders or decrees promulgated pursuant thereto, and any state or local statutes, ordinances, rules,
regulations, orders, injunctions and decrees of Governmental Authorities: the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; the Emergency Planning and Community Right-to-Know Act,
42 U.S.C. § 11001 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; the Resource
Conservation and Recovery Act (including but not limited to Subtitle I relating to USTs), 42 U.S.C. §§ 6901 et seq.; the
Clean Water Act, 33 U.S.C. §§ 1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Toxic Substances Control
Act, 15 U.S.C. § 2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.; the Occupational Safety and
Health Act, 29 U.S.C. § 651 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; the
Endangered Species Act, 16 U.S.C. §§ 1531 et seq. and the National Environmental Policy Act, 42 U.S.C. § 4321 et
seq. “Environmental Laws” also includes, but is not limited to, any present and future federal, state and local laws,
statutes, ordinances, rules, regulations, orders, injunctions and decrees of Governmental Authorities and common law:
conditioning transfer of property upon a negative declaration or other approval of a Governmental Authority of the
environmental condition of the property; requiring notification or disclosure of Releases or other environmental condition
of the Premises to any Governmental Authority or other person or entity; imposing conditions or requirements relating to
Hazardous Materials in connection with permits or other authorizations required by Governmental Authorities; relating to
the handling and disposal of Hazardous Materials; relating to nuisance, trespass or other causes of action related to
Hazardous Materials; relating to the governance of use, storage, handling and disposal of medical, special and
infectious wastes; and relating to wrongful death, personal injury, or property or other damage in connection with the
physical condition or use of the Premises by reason of the presence of Hazardous Materials in, on, under or above the
Premises. For purposes herein, “Hazardous Material” shall mean (a) any toxic substance or hazardous waste,
substance, solid waste or related material, or any pollutant or contaminant, including, without limitation, any medical,

Page 6 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
special or infectious wastes; (b) radon gas, asbestos in any form which is or could become friable, urea formaldehyde
foam insulation, transformers or other equipment containing dielectric fluid having levels of polychlorinated biphenyls in
excess of applicable standards established by any Governmental Authority, or any petroleum product or additive; (c) any
substance, gas, material or chemical which is now or hereafter defined as or included in the definition of “hazardous
substances,” “toxic substances,” “hazardous materials,” “hazardous wastes,” “regulated substances” or words of similar
import under any Environmental Laws; and (d) any other chemical, material, gas or substance the exposure to or
release of which is prohibited, limited or regulated by any Governmental Authority that asserts or may assert jurisdiction
over the Premises or the operations or activity at the Premises, or any chemical, material, gas or substance that does or
is reasonably likely to pose a hazard to the health and/or safety of the occupants of the Premises or the owners and/or
occupants of property adjacent to or surrounding the Premises.

14. RIGHT OF ENTRY


Tenant agrees that Landlord may enter the Premises during reasonable hours for the purpose of inspecting the
Premises and Tenant’s compliance with the terms of this Lease, and showing the Premises to prospective purchasers or
tenants. Landlord will give Tenant twenty four (24) hours’ advance notice before entering Premises, except in the event
of an emergency, when no notice shall be required. Landlord shall have the right to display a “For Sale” sign in, on, or
around the Premises and to market the Premises for sale throughout the Term. Landlord shall have the right to display a
“For Rent” sign upon the Premises within the last six (6) months of the Term.

15. ALTERATIONS TO THE PREMISES


Tenant shall not make any alterations or additions to the Premises without the prior written consent of Landlord, which
consent Landlord may withhold in its sole and absolute discretion.

16. CASUALTY; CONDEMNATION


16.1. If, at any time during the Term, the Premises is damaged by fire, flood, extreme weather, or other casualty
(a “Casualty”), Tenant shall immediately notify Landlord thereof. Within two hundred and ten (210) days
following the date of the Casualty, Tenant shall restore the Premises to the same condition, as near as
practicable, as prior to such Casualty. Landlord shall make available to Tenant any proceeds it receives from
insurance policies maintained by Landlord with respect to the Premises.
16.2. In the event of a taking of all or any part of the Premises for any public or quasi-public purpose by any
lawful power or authority by exercise of the right of condemnation or eminent domain or by agreement between
Landlord, Tenant, and those authorized to exercise such right (a “Taking”), the party receiving notice of the
Taking shall immediately notify the other thereof. If the Taking is not a Material Taking (as defined below), then
this Lease shall continue in full force and effect and Tenant shall make any restoration necessary to continue to
operate the Premises as a complete architectural unit and to ensure the Premises has ingress and egress
access to a public right of way. If the Taking is a Material Taking, then Landlord or Tenant may terminate this
Lease by giving the other party thirty (30) days’ notice following the date of the Taking and all obligations of
either party hereunder shall cease except for those which expressly survive the termination or expiration of this
Lease as set forth herein. If neither Landlord nor Tenant terminates this Lease in accordance with this Section,
then Tenant shall make any restoration necessary to continue to operate the Premises as a complete
architectural unit and to ensure the Premises has ingress and egress access to a public right of way. In the
event of a Taking which reduces the square footage of the Premises, and this Lease is not otherwise terminated
as set forth herein, all Rent shall be equitably reduced to correspond to the new square footage of the
Premises. Landlord shall be entitled to all proceeds from any condemnation award, and Tenant shall have no
claim whatsoever for such proceeds; provided, however, that Tenant may seek from the condemning authority
its own award so long as such award does not diminish that which is otherwise awarded to Landlord.
Notwithstanding the foregoing, Landlord shall assign to Tenant any condemnation proceeds it receives from the
applicable condemning authority to the extent necessary for Tenant to complete its restoration obligations under
this Section. For the purposes of this Lease, a “Material Taking” shall mean (i) a taking in which ten percent
(10%) or more of the Premises is taken, (ii) a taking in which ten percent (10%) or more of the parking area is
taken, unless Landlord can provide alternative parking that is reasonably adequate for Tenant’s Permitted Use,
or (iii) a taking that has a material adverse effect on Tenant’s access to and from the Premises to a public right
of way.

17. USE OF PARKING

Page 7 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
Tenant shall have the right to use all parking spaces located at the Premises.

18. SUBORDINATION
This Lease is subject and subordinate to the lien of all mortgages now or at any time hereafter placed on any part of the
Premises, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereof. The
parties agree that this Section is self-operative; nonetheless, Tenant shall, upon request, execute such further
instruments evidencing such subordination as Landlord may request, and if Tenant fails to do so, Landlord is
empowered to do so in the name of the Tenant.

19. ESTOPPELS
At any time, and from time to time, Tenant shall, promptly and in no event later than fifteen (15) days after a request
from Landlord, execute, acknowledge and deliver to Landlord a certificate in the form supplied by Landlord certifying: (i)
that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and
specifying the reasons therefor); (ii) that this Lease is in full force and effect and has not been modified (or if modified,
setting forth all modifications), or, if this Lease is not in full force and effect, the certificate shall so specify the reasons
therefor; (iii) the commencement and expiration dates of the Term, including any Extension Term; (iv) the date to which
Rent has been paid under this Lease and the amount thereof then payable; (v) whether there are then any existing
defaults by Landlord in the performance of its obligations under this Lease, and, if there are any such defaults,
specifying the nature and extent thereof; (vi) that no notice has been received by Tenant of any default under this Lease
which has not been cured, except as to defaults specified in the certificate; (vii) the capacity of the person executing such
certificate, and that such person is duly authorized to execute the same on behalf of Tenant; (viii) that Landlord has no
actual involvement in the management or control of decision making related to the operational aspects or the day-to-day
operations of the Premises; and (ix) any other information reasonably requested by Landlord.

20. LIMITATION OF LANDLORD'S LIABILITY


The term "Landlord," as used in this Lease, so far as covenants or obligations on the part of Landlord are concerned,
shall be limited to mean and include only Landlord, who, at the time in question, owns the Premises. In the event of any
transfer or transfers of ownership of the Premises, the Landlord herein named (and in case of any subsequent transfers
or conveyances, the then Landlord) shall be, from and after the date of such transfers and conveyances, freed and
relieved of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained
in this Lease to be performed after the transfer. Without further agreement, the new owner of the Premises shall be
deemed to have assumed and agreed to observe and perform any and all obligations in this Lease. Landlord may
transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be
deemed a violation on Landlord's part of any of the terms and conditions of this Lease. Landlord or transferor shall
remain and continue to be liable for any performance or payment which shall have accrued or become owing during
such Landlord's or transferor's tenure as Landlord hereunder. Notwithstanding anything to the contrary provided in this
Section or elsewhere in this Lease, there shall be absolutely no personal liability on the part of Landlord, its successor or
assigns and any Landlord Related Parties, with respect to any of the terms, covenants and conditions of this Lease.
Tenant shall look solely to the value of the Premises for the satisfaction of each and every remedy of Tenant in the event
of any breach by Landlord of any terms, covenants, and conditions of this Lease to be performed by Landlord, or any
other matter in connection with this Lease or the Premises, such exculpation of liability to be absolute and without any
exception whatsoever. If Landlord transfers its interest in the Premises during the Term, Landlord may assign the
Security Deposit to the transferee and thereafter, Landlord shall have no liability for the return of the Security Deposit. If
Landlord so transfers or assigns the Security Deposit, Tenant agrees that Tenant shall look solely to such transferee or
assignee or successor thereof for the return of the Security Deposit. Landlord and its successors and assigns shall not
be bound by any actual or attempted assignment or encumbrance of the Security Deposit by Tenant. Landlord shall not
be required to keep the Security Deposit separate from other accounts.

21. INDEMNIFICATION OF LANDLORD


Tenant shall, at its sole cost and expense, indemnify, defend, protect, release, and hold harmless Landlord and the
Landlord Related Parties for, from, and against any and all claims, suits, liabilities (including, without limitation, strict
liabilities), actions, proceedings, obligations, debts, damages, losses, costs, expenses, diminutions in value, fines,
penalties, charges, fees, expenses, judgments, awards, amounts paid in settlement and damages of whatever kind or
nature (including, without limitation, attorneys’ fees, court costs and other costs of defense) caused by, incurred or
resulting or arising from any accident, injury to, or death of any person or loss or damage to property occurring in, on, or

Page 8 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
about the Premises or any portion thereof or arising from or connected with the use, condition, or occupancy of the
Premises, or from any breach of this Lease by Tenant. The foregoing general indemnification obligations also apply to
matters related to Environmental Laws, Hazardous Materials, or other environmental matters concerning the Premises.

22. DEFAULT; REMEDIES


22.1. Each of the following shall be an event of default under this Lease (each, an “Event of Default”):
22.1.1. Tenant fails to make payment of Rent or other sums due to Landlord under this Lease as and when
required hereunder;
22.1.2. Tenant defaults in keeping or performance of any covenant or obligation herein contained and Tenant
fails to remedy the same within thirty (30) days after written notice thereof is delivered by Landlord to Tenant;
22.1.3. Tenant fails to maintain insurance as required under this Lease;
22.1.4. Tenant files a voluntary bankruptcy petition, or an involuntary bankruptcy petition is filed against Tenant,
under any federal or state bankruptcy law and said petition is not dismissed within sixty (60) days thereafter; or
22.1.5. Tenant makes an assignment for the benefit of creditors or a receiver is appointed or retained to take
charge of and manage Tenant’s business or any execution or attachment is issued against Tenant with respect
to the Premises.
22.2. Upon the occurrence of an Event of Default, Landlord shall be entitled, at its option, concurrently,
successively, or in any combination, to exercise all remedies available at law or in equity, including, without
limitation, (i) to terminate this Lease, whereupon Tenant’s right to possession of the Premises shall cease, (ii) to
reenter and take possession of the Premises, (iii) to seize all personal property in which Landlord shall have a
landlord’s lien or security interest, (iv) to bring an action against Tenant for damages or equitable relief, (v) to
recover from Tenant all Rent and other monetary sums then due and owing under the Lease and to accelerate and
recover from Tenant the present value (discounted at a rate equal to the United States Treasury instrument with a
maturity closest to the remaining Term) of all Rent and other sums scheduled to become due and owing under this
Lease after the date of the Event of Default for the entire remaining Term, (vi) with respect to any monetary
obligation of Tenant, to make such payment for the account and on behalf of Tenant, and seek reimbursement from
Tenant for such sums together with accrued interest at the Default Rate, (vii) with respect to any nonmonetary
obligation of Tenant, to perform such obligation for the account and on behalf of Tenant, and seek reimbursement
from Tenant for any sums incurred in such performance together with accrued interest at the Default Rate or (viii) to
relet the Premises or any part thereof at such terms as Landlord, in its sole and absolute discretion, determines,
without any obligation to mitigate damages.

23. BROKERAGE By signing below, all parties represented by a Broker acknowledge that no Broker in this transaction
shall owe any duty to Tenant or Landlord greater than what is set forth in their brokerage engagements and the
Brokerage Relationships in Real Estate Transactions Act, O.C.G.A. § 10-6A-1 et. seq and further:
23.1. Landlord and Tenant each hereby represents and warrants to the other that he/she/they have not dealt with
any real estate Broker, agent or salesperson (other than Landlord’s Broker or Tenant’s Broker, as hereinafter
defined) so as to create any legal right or claim in any such Broker, agent or salesperson for a rental commission or
similar fee or compensation with respect to the negotiation and/or consummation of this Lease. Tenant and
Landlord acknowledge that they are not represented by a Broker unless they have signed a brokerage agreement
with said Broker. If any party hereto is not represented by a Broker, that party acknowledges full responsibility for
protecting his/ her/their own interests.
23.2. Any commission or other compensation due to a Broker shall be paid according to the terms of a separate
agreement between Broker and Tenant, Broker and Landlord, or both.
23.3. Landlord and Tenant have been advised and expressly acknowledge their obligation to conduct a thorough
investigation, or to obtain independent professional advice, with respect to any concerns they may have regarding
the condition of the Premises, including, but not limited to, any structural, safety, environmental, financial, tax, legal
or health concerns. Tenant and Landlord expressly acknowledge that Broker is not an expert in any of these areas
and has given no advice nor made any representations in regard thereto upon which Tenant or Landlord have
relied. All parties hereby release any Broker and any affiliated agent and employee from any cost, expense or
liability that may result from their reliance on any perceived advice given with respect to the foregoing.
23.4. Material Relationships- Neither the Broker nor Broker’s affiliated licensees have a material relationship with
Landlord or Tenant except as follows: _____________________________________________________
_______________________________________________________________________________________.

Page 9 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
23.5. Tenant’s Broker- The Tenant’s Broker identified on the signature page of this Lease is the Broker assisting
the Tenant, regardless of whether the Tenant is a customer or a client as defined under Georgia law. It includes the
agent or agents of the Broker who are involved in this particular transaction. The Tenant’s Broker is [check one]:
23.5.1. o representing the Tenant as a client under a written brokerage agreement; or
23.5.2. o representing the Tenant as a customer, performing only ministerial acts; or
23.5.3. o acting as a dual agent, with responsibilities to both Landlord and Tenant, as described more fully
below; or
23.5.4. o acting as a designated agent, with responsibilities to both Landlord and Tenant, as described more
fully below.
23.6. Landlord’s Broker- The Landlord’s Broker identified on the signature page of this Lease shall refer
collectively to all persons assisting the Landlord, regardless of whether the Landlord is a customer or client as
defined under Georgia law. It includes the agent or agents of the Broker who are involved in this particular
transaction. The Landlord’s Broker is [check one]:
23.6.1. o representing the Landlord as a client under a written brokerage agreement; or
23.6.2. o representing the Landlord as a customer, performing only ministerial acts; or
23.6.3. o acting as a dual agent, with responsibilities to both Landlord and Tenant, as described more fully
below; or
23.6.4. o acting as a designated agent, with responsibilities to both Landlord and Tenant, as described more
fully below.
23.7. Dual Agent- "Dual agent" means a Broker who simultaneously has a client relationship with both landlord and
tenant in the same real estate transaction. O.C.G.A. §10-6A-3(10). By checking the dual agent box above, the
parties acknowledge that they have consented to a dual agency and acknowledge that their interests may
sometimes be adverse. If the parties have agreed to allow a Broker to act as a dual agent, that Broker will not
disclose to another party any information a client has asked the Broker to keep confidential, or which would
negatively affect that party’s bargaining position, unless the disclosure is required by law.
23.8. Designated Agent- "Designated agent" means one or more licensees affiliated with a Broker who are
assigned by the Broker to represent solely one client to the exclusion of all other clients in the same transaction and
to the exclusion of all other licensees affiliated with the Broker. O.C.G.A. §10-6A-3(9). By checking the designated
agent box above, the parties acknowledge that they have consented to a designated agency and acknowledge that
____________________________________________________ will work exclusively with Tenant as Tenant’s
designated agent and __________________________________________________ will work exclusively with the
Landlord as Landlord’s designated agent.
23.9. Landlord [check one] o IS or o IS NOT a Georgia real estate licensee.

24. ASSIGNMENT/SUBLEASE
Tenant shall not assign, sublease, or otherwise transfer its interest in the Lease (a “Transfer”) without the prior written
consent of Landlord, which consent Landlord shall not unreasonably withhold. Tenant shall give Landlord thirty (30)
days prior written notice of its intent to Transfer, and upon receipt, Landlord may elect to terminate this Lease and
recapture the Premises by giving Tenant thirty (30) days’ notice. No permitted Transfer shall relieve Tenant of liability
under this Lease. Any attempted Transfer of this Lease without Landlord’s consent shall be deemed an Event of Default.
In the event Landlord consents to a Transfer, Tenant shall pay to Landlord fifty percent (50%) of all rent Tenant receives
in excess of Rent, and the reasonable costs incurred by Tenant in connection with such Transfer, which shall include
leasing commissions, tenant improvements costs, rent abatements, and attorneys’ fees.

25. NOTICES
Any notice, request or other communication required or permitted to be given hereunder shall be in writing and shall be
delivered by hand or overnight courier (such as United Parcel Service or Federal Express), sent by facsimile, sent by
electronic mail (“email”) or mailed by United States registered or certified mail, return receipt requested, postage prepaid
and addressed to each party at its address as set forth below. Any such notice shall be considered given on the date of
such hand or courier delivery, confirmed facsimile transmission, deposit with such overnight courier for next business
day delivery, or deposit in the United States mail, but the time period (if any is provided herein) in which to respond to
such notice shall commence on the date of hand or overnight courier delivery or on the date received following deposit
in the United States mail as provided above. Rejection or other refusal to accept or inability to deliver because of
changed address of which no notice was given shall be deemed to be receipt of the notice. By giving at least five (5)
banking days’ prior written notice thereof, any party may from time to time and at any time change its mailing address

Page 10 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
hereunder. Any notice of any party may be given by or to such party’s counsel or Broker. The parties’ respective mailing
and email addresses for notice purposes are indicated after the parties’ signatures below.

26. MISCELLANEOUS PROVISIONS


26.1. After the expiration or earlier termination of this Lease, Tenant shall remove all of Tenant’s personal property
from the Premises.
26.2. Time is of the essence with respect to each and every provision of this Lease as to which time is a factor.
26.3. No provision of this Lease shall be deemed waived or amended except by a written instrument unambiguously
setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or
amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any
future occasion. No acceptance by Landlord of an amount less than Rent and other payments stipulated to be due
under this Lease shall be deemed to be other than a payment on account of the earliest such rent or other
payments then due or in arrears nor shall any endorsement or statement on any check or letter accompanying any
such payment be deemed a waiver of Landlord’s right to collect any unpaid amounts or an accord and satisfaction.
26.4. This Lease shall bind and inure to the benefit of the respective heirs, successors, executors, administrators,
and assigns of each of the parties hereto.
26.5. Captions are used throughout this Lease for convenience purposes only and shall not be considered in any
manner in the construction or interpretation hereof.
26.6. The provisions of this Lease shall be deemed severable, and if any part of this Lease shall be held
unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect and such
unenforceable provision shall be reformed by such court so as to give maximum legal effect to the intention of the
parties as expressed therein.
26.7. The submission of this Lease to Tenant shall be for examination purposes only and does not and shall not
constitute a reservation of or an option for Tenant to lease or otherwise create any interest on the part of Tenant in
the Premises.
26.8. In the event of any judicial or other adversarial proceeding between the parties concerning this Lease, to the
extent permitted by law, the prevailing party shall be entitled to recover all of its reasonable attorneys’ fees and other
costs in addition to any other relief to which it may be entitled. In addition, Landlord shall, upon demand, be entitled
to all attorneys’ fees and all other costs incurred in the preparation and service of any notice or demand hereunder,
whether or not a legal action is subsequently commenced. For purposes of this Section, a party will be considered
to be the “prevailing party” if (a) such party initiated the litigation and substantially obtained the relief which it sought
(whether by judgment, voluntary agreement or action of the other party, trial, or alternative dispute resolution
process), (b) such party did not initiate the litigation and either (i) received a judgment in its favor, or (ii) did not
receive judgment in its favor, but the party receiving the judgment did not substantially obtain the relief which it
sought, or (c) the other party to the litigation withdrew its claim or action without having substantially received the
relief which it was seeking.
26.9. This Lease and any other instruments or agreements referred to herein constitute the entire agreement
between the parties with respect to the subject matter hereof, and there are no other representations, warranties or
agreements except as herein provided. Without limiting the foregoing, Tenant specifically acknowledges that neither
Landlord nor any agent, officer, employee or representative of Landlord has made any representation or warranty
regarding the projected profitability of the business to be conducted on the Premises. Furthermore, Tenant
acknowledges that Landlord did not prepare or assist in the preparation of any of the projected figures used by
Tenant in analyzing the economic viability and feasibility of the business to be conducted by Tenant at the Premises
26.10. This Lease shall be governed by the laws of the State of Georgia, without regard to its choice of law
principles.
26.11. This Lease may be executed in one or more counterparts, each of which shall be deemed an original.
26.12. Neither Landlord nor Tenant shall record this Lease or a memorandum of this Lease without the consent
of the other party, which consent shall be withheld in such party’s sole and absolute discretion.
26.13. LANDLORD AND TENANT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE
THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES
PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY EITHER OF THE
PARTIES HERETO AGAINST THE OTHER OR ITS SUCCESSORS WITH RESPECT TO ANY MATTER ARISING
OUT OF OR IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT,
TENANT’S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM FOR INJURY OR DAMAGE, OR
ANY EMERGENCY OR STATUTORY REMEDY. THIS WAIVER BY THE PARTIES HERETO OF ANY RIGHT

Page 11 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
EITHER MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF
THEIR BARGAIN. FURTHERMORE, TENANT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVES THE RIGHT IT MAY HAVE TO SEEK PUNITIVE, CONSEQUENTIAL, SPECIAL AND INDIRECT
DAMAGES FROM LANDLORD AND ANY OF LANDLORD’S AFFILIATES, OFFICERS, DIRECTORS OR
EMPLOYEES OR ANY OF THEIR SUCCESSORS WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN
ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY TENANT AGAINST LANDLORD OR
ANY OF LANDLORD’S AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES OR ANY OF THEIR
SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS LEASE
OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY TENANT OF ANY
RIGHT IT MAY HAVE TO SEEK PUNITIVE, CONSEQUENTIAL, SPECIAL AND INDIRECT DAMAGES HAS BEEN
NEGOTIATED BY THE PARTIES HERETO AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN.

27. EXHIBITS
The following exhibits are attached to and made a part of this Lease. The provisions of any exhibit attached to this
Lease and referenced below shall prevail if in conflict with the provisions of the Lease:
¨ Work Letter
¨ Lease Guaranty
¨ Legal Description Exhibit
¨ Other: __________________________________________
¨ Other: __________________________________________
¨ Other: __________________________________________

Only those exhibits which are attached hereto and are marked above made a part of this Contract.

28. Special Stipulations (provisions of any stipulation included in this contract shall prevail if in conflict with the
provisions of this Lease, including any exhibit attached hereto):

o Substantive provisions continued on additional page.

Page 12 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015
IN WITNESS WHEREOF, Landlord and Tenant have entered into this Lease as of the Effective Date.

Tenant: [Check one] o Landlord or o Property Manager:

Ø____________________________________________ Ø____________________________________________

_____________________________________________ _____________________________________________
Tenant Printed Name Landlord or Property Manager Printed Name

Ø____________________________________________ Ø____________________________________________

_____________________________________________ _____________________________________________
Tenant Printed Name Landlord or Property Manager Printed Name

______________________/______________________ ______________________/______________________
Tenant Phone Number Tenant Fax Number Landlord or Property Mgr Phone Landlord or Property Mgr Fax

_____________________________________________ _____________________________________________
Tenant Email Address Landlord or Property Manager Email Address

_____________________________________________ _____________________________________________
Tenant Address Landlord or Property Manager Address

_____________________________________________ _____________________________________________
Tenant City State Zip Landlord or Property Manager City State Zip

Tenant’s Broker: Landlord’s Broker:

_________________________________/___________ _________________________________/___________
Name of Brokerage Firm Broker Code Name of Brokerage Firm Broker Code

______________________/______________________ ______________________/______________________
Brokerage Phone Number Brokerage Fax Number Brokerage Phone Number Brokerage Fax Number

Ø___________________________________________ Ø___________________________________________

____________________________________________ ____________________________________________
Agent Printed Name Agent Printed Name

______________________/______________________ ______________________/______________________
Agent Phone Number Agent Fax Number Agent Phone Number Agent Fax Number

_____________________________________________ _____________________________________________
Agent Email Address Agent Email Address

Required License Number(s): Required License Number(s):


_____________________/_______________________ _____________________/_______________________
Broker’s License Number Agent’s License Number Broker’s License Number Agent’s License Number

MLS Listing #_____________________________ MLS Listing #___________________________

Page 13 of 13
Form RE700, Commercial Triple Net Lease (Single Tenant) Initials: _________ _________ _________ _________
Copyright© 2015 by Orthrus Real Estate Enterprises, LLC. All rights reserved.
R02222015

You might also like