General form—Heated.

This lease made _________[year], between _________, of _________, as lessor, and _________, of _________, as lessee, witnesses:

Lessor, in consideration of the agreements below mentioned, to be kept and performed by lessee, leases to lessee, the premises in the city of _________, county of _________, and state of _________, known and described as follows: _________, to be occupied for _________ and for no other purpose whatever; rental to include use of rooms, elevator service, watch service, heat when necessary from October to May in each year from _________ a.m. to _________ p.m., and steam power not to exceed _________ horsepower for _________ hours per day from _________ a.m. to _________ a.m. and from _________ p.m. to _________ p.m., or subject to a schedule furnished from time to time by lessor, all additional power to be paid for at the rate of $_____ per _________ horsepower per month, the amount used to be determined by lessor by any of the usual methods. The maximum amount of power used at any one time to be the basis of calculation.

To have and to hold the same, unto lessee, from _________[year], until the _________ day of _________[year].

And lessee, in consideration of this demise, agrees with lessor as follows:

1. To pay as rent for premises the sum of $_____ payable in _________ instalments of $_____; each in advance upon the first day of each and every month of the term, at the office of _________ in _________, with interest at the rate of _____% per annum after due until paid.

2. Lessee has examined and knows the condition of premises and has received the same in good order and repair, except as herein otherwise specified, and no representations as to the condition or repair thereof have been made by lessor or the agent of lessor, prior to, or at the execution of this lease, that are not herein expressed or indorsed hereon; and that lessee will keep premises in good repair, including all shafting and connections, all pulleys, belting, steam and other pipes and valves, replacing all broken glass with glass the same size and quality as that broken; and will keep premises and appurtenances, including catch basins, vaults, and adjoining alleys, in a clean, healthy and insurable condition, according to the city ordinances, and direction of the proper public officers, during the term of this lease, at lessee's own expense; and will, without injury to the roof, remove the snow and ice from the same when necessary, and clean the snow and ice from the sidewalks, in front of premises, and on the termination of this lease, in any way, will yield up premises to lessor in good condition.

3. Lessor shall not be liable for any damage occasioned by failure to keep premises or the elevators leading thereto in repair, and shall not be liable for any damage done or occasioned by or from plumbing, electric light wires, gas, water, steam, or other pipes, or sewerage, or the bursting, leaking or running of any cistern, tank, washstand, water closet, or waste pipe, in, above, on or about building or premises, nor for damage occasioned by water, snow or ice being on or coming through the roof, skylight, trapdoor or otherwise, nor for any damages arising from acts or neglect of cotenants or other occupants of the same building, or of any owners or occupants of adjacent or contiguous property.

4. Lessee will not allow premises to be used for any purpose that will increase the rate of insurance thereon, and will pay all extra insurance on building, if any is required on account of extra risk in the lease of premises; nor for any purpose other than that specified above, nor to be occupied in whole or in part by any other person, and will not sublet the same, or any part thereof, nor assign this lease, without, in each case, the prior written consent of lessor, and will not permit any transfer, by operation of law, of the interest in premises acquired through this lease, and will not permit premises to be used for any unlawful purpose, or purpose that will injure the reputation of the same or of the building of which they are a part, or disturb the tenants of such building or the neighborhood, and will not permit the same to remain vacant or unoccupied for more than 10 consecutive days; and will not permit any alteration of or on any part of premises, nor paint or put any signs on building or in the halls or stairways or on the walls thereof without the written consent of lessor; all alterations and additions to premises to remain for the benefit of lessor, unless otherwise provided in the above consent.

5. To pay (in addition to the rents above specified) all water rents and gas bills taxed, levied or charged on premises, for and during the time for which this lease is granted, and in case no water rents are levied specifically on premises, to pay the _________ part of all water rents levied or charged on building in which premises are situated; and in case water rates and gas bills shall not be paid when due, lessor shall have the right to pay the same, which amounts so paid, together with any sums paid by lessor to keep premises and their appurtenances in a clean and healthy condition, as specified above, are hereby declared to be so much additional rent, and shall be due and payable with the next instalment of rent due thereafter under this lease.

6. To allow free access to the premises for the purpose of examining or exhibiting the same, or to make any needful repairs or alterations of premises, which lessor may see fit to make; also to allow to have placed on premises, at all times, notice of "For Sale" and "To Rent" and will not interfere with the same.

7. If lessee shall abandon or vacate premises, the same may be relet by lessor for such rent and upon such terms as lessor may see fit; and if a sufficient sum shall not be thus realized, after paying the expenses of such reletting and collecting, to satisfy the rent hereby reserved, lessee agrees to satisfy and pay all deficiency.

8. At the termination of this lease, by lapse of time or otherwise, to yield up immediate possession to lessor, and failing so to do, to pay as liquidated damages, for the whole time such possession is withheld, the sum of $_____ per day; but the provisions of this clause shall not be held as a waiver by lessor of any right of reentry as hereinafter set forth; nor shall the receipt of such rent, or any part thereof, or any other act in apparent affirmance of the tenancy operate as a waiver of the right to forfeit this lease and the term hereby granted for the period still unexpired, for any breach of any of the agreements herein.

9. There shall not be kept or used on premises naphtha, benzine, benzole, gasoline, benzine varnish, or any product, in whole or in part, of ether, or gunpowder, fireworks, nitroglycerine, phosphorus, saltpeter, nitrate of soda, camphene, spirit-gas, or any burning fluid or chemical oils, without the written permission of lessor; and the generating or evaporating or using on premises or contiguous thereto, of gasoline, benzine, naphtha, or any other substance for a burning gas or vapor for lighting other than the ordinary street gas or kerosene of lawful fire test, is absolutely prohibited unless permitted in writing hereon.

10. To keep on premises _________ barrels and _________ pails filled with water to be used only in case of fire and provide metal cans for oily waste and rags.

11. To make all attachments, by belting or otherwise, necessary for the purpose of using the power and attachments at such point or points as may be designated by lessor and to keep shafting and pulleys well oiled.

12. To remove, once a day, from the premises, and into the engine room of lessor, all shavings and inflammable refuse matter.

13. To at all times keep premises in such condition as not to increase present rate of insurance for the same; and in pursuance of that purpose, to obey the rules and regulations of _________ Board of Underwriters made from time to time.

14. No allowance shall be made to lessee in case lessee shall not use any or all of the horsepower, live steam or water mentioned above in this lease.

It is further agreed that lessor shall be allowed, for each year of the term, for repairing machinery, 10 working days during which no power, live steam, water, heat or use of elevators or electric light, need be furnished to lessee, days to be taken when and as lessor may see fit. No stoppage of live steam or power or use of elevators or water or heat or electric light of less than two hours shall be taken into consideration, neither shall the time taken in repairing any frozen steam or other pipes be considered. For and in the event of the failure of lessor to furnish steam power as herein set forth, through accident or otherwise, the liability shall be limited to the amount of $_____ per month liquidated damage for each horsepower of power hereby leased by lessor. If such failure to furnish power continues for only a fractional part of a month or months, then the allowance for such failure shall be a proportionate part of $_____ for each horsepower. In the event of failure by lessor to furnish heat and live steam, as herein set forth, through accident or otherwise, then it is agreed that a deduction from the rent shall be made equal to 10% of the monthly rental received per month, in the same manner as above, as liquidated damages. In the event of failure by lessor to furnish electric light as herein set forth, through accident or otherwise, a deduction shall be made from the rent equal to $_____ per diem for each and every light hereby leased by lessor, in the same manner as above, as liquidated damages.

If default be made in the payment of the rent above reserved, or any part thereof, or in any of the agreements herein contained, to be kept by lessee, it shall be lawful for lessor, or the legal representatives of lessor, at any time thereafter, at the election of lessor, or the legal representatives thereof, without notice, to declare the term ended, and to reenter premises, or any part thereof, either with or without process of law, and lessee or any person or persons occupying the same, to expel, remove and put out, using such force as may be necessary so to do, and the premises again to repossess and enjoy, as before this demise, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of lease, and lessee further agrees, that lessor, or the representatives or assigns of lessor, shall have at all times the right to distrain for rent due, and shall have a valid and first lien upon all property of lessee, whether exempt by law or not, as security for the payment of the rent herein reserved.

Lessee hereby irrevocably constitutes _________ or any attorney of any court of record of this state, attorney for _________ in _________ name, on default by _________ of any of the agreements herein, and upon complaint made by lessor, lessor's agent or assigns, and filed in any such court, to enter _________ appearance in any such court of record, waive process and service thereof and trial by jury and confess judgment against _________ in favor of lessor or lessor's assigns, for forcible detainer of premises, with costs of the action, and also to enter _________ appearance in such court, waive process and service thereof, and confess judgment from time to time for any rent which may be due to lessor, or the assignees of lessor by the terms of this lease, with costs and $_____ attorney's fees, and to waive all errors and all right of appeal from the judgment and judgments, and to file a consent in writing that a writ of restitution or other proper writ of execution may be issued immediately; lessee hereby waiving all right to any notice or demand under any statute of this state, relating to forcible entry and detainer.

After service of notice, or the commencement of an action, or after final judgment for possession of premises, lessor may receive and collect any rent due, and the payment of rent shall not waive or affect the notice, the action or the judgment.

Lessor shall not be liable for delay or failure to comply with the agreements herein, provided delay be occasioned by war, insurrection, strikes, fire or other casualty; and in case premises shall be rendered untenantable by fire or other casualty, lessor may, at lessor's option, terminate this lease, or repair premises within 30 days, and failing so to do, or on the destruction of the premises by fire, the term hereby created shall cease and determine.

Lessee agrees to pay and discharge all reasonable costs, attorney's fees and expenses, that may be made and incurred by lessor in enforcing the agreements of this lease, and all the parties to this lease agree that the agreements herein contained shall be binding on, apply and inure to, their respective heirs, executors, administrators and assigns.

Witness the hands of the parties hereto the day and year first above written.

[Signatures, and if necessary, seals.]

In presence of _________.

 

______________________________________________________________________________________

 

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