Sublease Agreement Template South Australia

SUBLEASE AGREEMENT

THIS SUBLEASE AGREEMENT (the "Agreement") is made and entered into this [Day] day of [Month], [Year] (the "Effective Date").

1. PREAMBLE & RECITALS

BETWEEN:

1. [Sublandlord Name] (ABN: [Number]) of [Address] ("Sublandlord"); and
2. [Subtenant Name] (ABN: [Number]) of [Address] ("Subtenant").

WHEREAS: A. The Sublandlord is the lessee under a head lease dated [Date of Head Lease] (the "Head Lease") with [Head Landlord Name] (the "Head Landlord") in respect of the premises located at [Property Address] (the "Premises"). B. The Sublandlord has agreed to sublet the Premises to the Subtenant, and the Subtenant has agreed to take the Premises by way of sublease, subject to the terms and conditions set forth herein and the written consent of the Head Landlord where required by the Head Lease.

2. OPERATIONAL DEFINITIONS

1. "Base Rent" means the amount of [Dollar Amount] payable by the Subtenant to the Sublandlord per [Month/Quarter].
2. "Business Day" means a day that is not a Saturday, Sunday, or public holiday in South Australia.
3. "Head Lease" means the primary lease agreement between the Head Landlord and the Sublandlord.
4. "Premises" means the area defined in the Head Lease and occupied by the Subtenant as described in Item A of the Recitals.
5. "Security Deposit" means the sum of [Dollar Amount] held as security for the performance of obligations under this Agreement.
6. "Term" means the period commencing on [Start Date] and expiring on [End Date], unless terminated earlier in accordance with this Agreement.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Grant of Sublease: The Sublandlord grants to the Subtenant, and the Subtenant accepts, the right to occupy the Premises for the Term.
2. Rent Payments: The Subtenant shall pay the Base Rent in advance on the [Day] of each month via electronic funds transfer to the account nominated by the Sublandlord.
3. Use of Premises: The Subtenant shall use the Premises strictly for [Permitted Use] and shall not perform any act that violates the Head Lease or local planning laws.
4. Compliance with Head Lease: The Subtenant acknowledges they have reviewed the Head Lease and agrees to comply with all tenant obligations contained therein insofar as they apply to the Premises.
5. Maintenance: The Subtenant shall maintain the Premises in good order and repair, subject to fair wear and tear, and shall be liable for any damage caused by the Subtenant or its invitees.
6. Outgoings: The Subtenant shall pay [Percentage]% of all outgoings, utilities, and levies associated with the Premises, as invoiced by the Sublandlord.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Events of Default: A default occurs if: a) The Subtenant fails to pay Rent within 7 days of the due date; b) The Subtenant breaches any material term of this Agreement and fails to remedy said breach within 30 business days of receiving written notice from the Sublandlord; c) Either party enters into liquidation, administration, or bankruptcy.
2. Termination: Upon an uncured Event of Default, the non-defaulting party may terminate this Agreement by providing 14 days' written notice, without prejudice to any other rights.
3. Remedies: In the event of a breach, the Sublandlord is entitled to recover unpaid rent, costs of repair, legal fees, and interest at the rate of [Percentage]% per annum on outstanding balances.
4. Holding Over: If the Subtenant remains in possession after the Term without a written renewal, the tenancy shall be deemed a monthly periodic tenancy at 110% of the last applicable Base Rent.

5. BOILERPLATE LEGAL PROVISIONS

1. Governing Law: This Agreement is governed by the laws of South Australia, and the parties submit to the exclusive jurisdiction of the courts of South Australia.
2. Dispute Resolution: In the event of a dispute, the parties shall first attempt to resolve the matter via mediation before commencing litigation.
3. Force Majeure: Neither party shall be liable for failure to perform obligations (excluding payment of money) due to events beyond their reasonable control, including acts of God or government intervention.
4. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations or representations.
5. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
6. No Waiver: No delay or omission by a party in exercising any right shall operate as a waiver of that or any other right.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Sublandlord: Name: [Company Name] Signatory: [Full Name] Title: [Title] Signature: __________________________ Date: [Date]

Subtenant: Name: [Company Name] Signatory: [Full Name] Title: [Title] Signature: __________________________ Date: [Date]