Contract of Lease - Telco
Contract of Lease - Telco
Contract of Lease - Telco
This Contract of Lease (the "Contract"), made and entered into this _______________,
in ____ City, Philippines, by and between:
“LESSOR”;
- and -
"LESSEE";
WITNESS: That—
1) PERIOD OF LEASE – The lease shall be for a period of fifteen (15) years,
commencing on ____________ and ending on _______________. Should the
LESSEE desire to extend the term of the lease, it shall notify the LESSOR in writing
not later than ______________________ of its intention to renew the lease for a
minimum period of one year. Any such renewal shall be subject to a maximum of
___________ (___%) PERCENT escalation on the third and fourth year of the
lease.
2) RENTAL RATES – The parties herein agree that the monthly rental for the
LEASED PREMISES shall be ________ (Php____) Philippine Currency. The
rental shall be subject to 5% withholding tax of Php___________and 12% value
added tax of Php__________. Payment of the Association Dues shall be
shouldered by the LESSEE whenever they are due.
3) PAYMENT OF LEASE – The rental for the _______ of the lease shall be paid in
advance. On or before ____________- the LESSEE shall pay to the LESSOR the
following amounts:
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added tax (“VAT”) due thereon. LESSOR shall remit and pay the
corresponding VAT within the statutory period required and shall furnish the
LESSEE with a copy of the corresponding VAT return.
a) any unpaid bills for association dues, water, gas, and electricity; and;
Such damages and unpaid bills will be deducted from this Security Deposit, and the
balance, if any, shall be refunded to the LESSEE, no later than sixty (60) days upon
the expiration of this Contract and surrender of the LEASED PREMISES, and upon
settlement of accounts noted herein, without the need of any demand. The parties
agree that the aforementioned sixty (60) day period shall only commence to run upon
the complete settlement by LESSEE of all its accountabilities and/or obligations under
this Contract, such as but not limited to those referred to in Section 5 and Section 6.
The LESSOR shall provide receipts and documents to show in detail how the said
deposit was applied to the payment of outstanding bills and/or other obligations of the
LESSEE as contained in this Contract.
In the event the Security Deposit is insufficient to cover for the utility bills such as
electricity, telephone, water and gas or damages, the LESSEE guarantees to
undertake payment to the LESSOR, within thirty (30) days from written notification by
LESSOR together with the pertinent receipts and documents in support thereof.
6) WATER, ELECTRICITY ETC. – All expenses for electricity, gas, water, association
dues, and other utility charges shall be for the account of the LESSEE. Upon expiration
or pre-termination of this Contract, the LESSEE shall furnish LESSOR with the latest
receipts/ clearances showing payment of aforementioned fees and charges.
Either party to this Contract may at their option and expenses secure an appropriate
insurance policy over their respective insurable interests on the LEASED PREMISES.
The party who decides not to secure any insurance shall shoulder his own loss or
damage and the other party shall be free from any such liability, without prejudice to
the latter's liability if any as expressly provided in this Contract.
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8) PURPOSE –The leased premises shall be used by the LESSEE to build and operate
a commercial telecommunications facility as described in the plan herein attached as
ANNEX A.
b) Pre-terminate this Contract after the first year of the lease period by notifying
the LESSOR in writing of its intention to terminate at least sixty (60) days
in advance. The LESSEE shall forfeit in favor of the LESSOR the amount
equivalent to two (2) months rent by way of liquidated damages. Any other
advance but unused rentals shall be refunded by the LESSOR to the
LESSEE upon return of the LEASED PREMISES and settlement of
accounts noted herein. Upon receipt of the notice by the LESSOR, the
LESSOR will have the right to put the LEASED PREMISES in the market
for rent. The LESSEE at reasonable business hours and with prior notice,
will allow other potential tenants to enter and view the LEASED PREMISES
at least sixty (60) days prior to the pre-termination date.
10) SUB-LEASE – The LESSEE shall not sublease, in whole or in part, the LEASED
PREMISES, nor assign this Contract to any other party other than the officers of the
same level or position of the LESSEE’s ASSIGNEE, without the prior consent of the
LESSOR. Any sublease of the LEASE PREMISES or any assignment of this Contract,
without the LESSOR'S consent, shall be null and void and the LESSOR shall have the
right to terminate this Contract and demand the LESSEE to immediately surrender the
LEASED PREMISES. All unused portion of the advance rentals as provided for in
Section 3 shall likewise be forfeited in favor of the LESSOR.
11) THIRD PARTY LIABILITY – The LESSEE, during the effectivity of this Contract
and his occupancy of the LEASED PREMISES, shall hold the LESSOR free and
harmless from any damages, liability or responsibility to any person or property arising
out of or as a consequence of the use of the LEASED PROPERTY by the LESSEE,
his agents, employees, domestic helpers and guests except when such damages,
liability or responsibility are due to or attributable to the LESSOR'S fault or negligence.
When such damage or liability is caused by fortuitous events, or force majeure or
similar acts which are beyond the control of the LESSEE, the latter shall not be liable
to the LESSOR and the LESSOR shall be liable only to the extent as specified in the
Section 16 of this Contract.
12) INSPECTION OF THE LEASED PREMISES – The LESSOR or his duly authorized
representative, shall have the right to inspect/enter the LEASED PREMISES at a
reasonable time, with at least one (1) day prior notice, for the purpose of checking the
LEASED PREMISES for any violation of the terms and conditions of the Contract
and/or for repairs and inspection which may be deemed necessary for the operation
and maintenance of the LEASED PREMISES.
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13) MORTGAGE OR SALE OF PROPERTY – In the event that the ownership of the
LEASED PREMISES is sold, transferred or conveyed, mortgaged, or encumbered to
a third party during the term of this lease or any renewal hereof, the LESSOR
undertakes to inform in writing the (a) LESSEE; and the (b) said third party, his/her
successors, executors, administrators or assigns, of existence of the Contract prior to
or at the time of the sale, transfer, conveyance, mortgage, or encumbrance and to
require the incorporation in the Deed of Absolute Sale, or Conveyance, or
Mortgage/Encumbrance, either by reference or otherwise of the terms and conditions
of this Contract, so as to form part and parcel thereof. Moreover, the LESSOR
undertakes to require said third party to respect the LESSEE'S right under this Contract
as well as all the terms and conditions of the lease.
In the event of the bonafide sale of the LEASED PREMISES, the LESSOR shall
transfer and pay to the vendee the security deposit and remainder of the advance
rentals which are yet to be applied for future rentals under the terms of this Contract.
The LESSOR shall see to it that the Deed of Sale provides that the VENDEE shall treat
and apply said security deposit and the remainder of the advance rentals in
accordance with the terms of this Contract.
14) RETURN OF PREMISES – Upon termination of this Contract for any reason
whatsoever, the LESSEE shall vacate the LEASED PREMISES within a reasonable
time period and return possession thereof to the LESSOR with all the keys thereto
appertaining, devoid of all occupants, furniture and articles, and other movable effects
of any kind owned by the LESSEE. Immovable effects may be removed by the
LESSEE at his own expense. The LEASED PREMISES shall likewise be returned to
the LESSOR by the
LESSEE in as clean and good condition as when received from the LESSOR at the
start of lease, taking into consideration ordinary wear and tear.
Sixty (60) days prior to the return of the LEASED PREMISES, the LESSOR may show
the LEASED PREMISES to prospective tenants during the said thirty (30) day period,
at reasonable hours with at least one (1) day prior notice.
21) VENUE OF THE COURT OF ACTION – The parties herein agree that should
judicial relief be sought to enforce any right under this Contract, the venue of such
action shall be in proper court of Mandaluyong City, Metro Manila.
22) WAIVER – The waiver by either party of any breach of any term, covenant or
condition contained herein shall not be deemed a waiver of any other breach of the
same or any other term, covenant or condition hereof.
23) SEVERABILITY – If any part, term or provision of this Contract shall become
invalid or unenforceable, the validity or enforceability of the remaining portions or
provision shall not be affected and the rights and obligations of the parties shall be
constructed as if this Contract did not contain the particular invalid or enforceable part,
term or provision.
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24) AMENDMENTS/MODIFICATIONS – This Contract constitutes the entire
agreement of the parties and no amendment of modification may be made hereto
unless the same is reduced in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto set their hands on the date and
place first above-written.
Lessee Lessor
__________________________ _________________________
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A C K N O W L E D G M E N T
BEFORE ME, a Notary Public for and in Pasig City, personally appeared the
following persons with their respective competent evidence of identity:
who are all known to me and to me known to be the same persons who executed the
foregoing Contract of Lease and acknowledged to me that the same is their own and
free voluntary act and deed and the free and voluntary act and deed of the persons
they represent.
NOTARY PUBLIC
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ANNEX A
*plan