Texas Commercial Lease Agreement Template Word

TEXAS COMMERCIAL LEASE AGREEMENT TEMPLATE WORD

1. DOCUMENT PREAMBLE & RECITALS

This Texas Commercial Lease Agreement (the "Agreement") is entered into and made effective as of [Effective Date] (the "Effective Date"), by and between [Landlord Entity Name], a [State of Organization and Entity Type, e.g., Texas corporation] ("Landlord"), and [Tenant Entity Name], a [State of Organization and Entity Type, e.g., Texas limited liability company] ("Tenant").

RECITALS

WHEREAS, Landlord is the fee simple owner of certain real property located within the State of Texas, commonly known as [Name of Building/Complex], and legally described in Exhibit A attached hereto (the "Building"); and

WHEREAS, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises (as defined herein) upon the terms and conditions set forth hereinafter; and

WHEREAS, the parties intend for this document to serve as a binding, comprehensive, and operative legal agreement governing the commercial tenancy of the Premises, enforceable under the laws of the State of Texas.

NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

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2. OPERATIONAL DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings ascribed to them below, and such definitions shall be equally applicable to both the singular and plural forms of the terms defined:

1. "Additional Rent" means all sums of money, other than Base Rent, that shall become due and payable by Tenant to Landlord pursuant to the provisions of this Agreement, including, without limitation, Operating Costs, utility charges, and late fees.
2. "Base Rent" means the fixed monthly rental amount payable by Tenant to Landlord pursuant to Section 3.1, exclusive of any Additional Rent or taxes.
3. "Commencement Date" means [Commencement Date], upon which the term of this Agreement shall officially commence and Tenant’s obligation to pay Base Rent shall begin, subject to any build-out or construction rider attached hereto.
4. "Common Areas" means all areas and facilities within the Building and Property provided and designated by Landlord from time to time for the general use and convenience of Tenant and other tenants of the Building, including lobbies, hallways, elevators, parking lots, sidewalks, and landscaped grounds.
5. "Default" means the failure of either party to perform, observe, or comply with any covenant, condition, agreement, or term contained in this Agreement after the expiration of any applicable notice and cure period.
6. "Expiration Date" means [Expiration Date], unless this Agreement is sooner terminated in accordance with the provisions hereof.
7. "Force Majeure Event" means acts of God, strikes, labor troubles, inability to procure materials, power failures, governmental laws, orders, or restrictions, riots, insurrection, war, pandemics, epidemics, or other causes beyond the reasonable control of the party claiming relief.
8. "Operating Costs" means all reasonable and necessary costs and expenses incurred by Landlord in the operation, maintenance, management, and repair of the Building and Property, determined in accordance with generally accepted accounting principles (GAAP), consistently applied.
9. "Premises" means that certain commercial space located within the Building, designated as Suite [Suite Number], containing approximately [Square Footage] rentable square feet, as outlined on the floor plan attached hereto as Exhibit B.
10. "Property" means the land upon which the Building is situated, together with all improvements, fixtures, and appurtenances now or hereafter located thereon.
11. "Security Deposit" means the sum of [Dollar Amount], deposited by Tenant with Landlord pursuant to Section 3.3 to secure the faithful performance of Tenant’s obligations hereunder.
12. "Term" means the initial term of this Agreement, commencing on the Commencement Date and expiring on the Expiration Date, plus any validly exercised renewal or extension terms.

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3. SUBSTANTIVE TERMS & OBLIGATIONS

3.1 Grant of Lease and Base Rent

Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Term, subject to the terms, covenants, and conditions of this Agreement. Tenant covenants and agrees to pay to Landlord Base Rent in the monthly amount of [Dollar Amount], payable in advance on or before the first (1st) day of each calendar month throughout the Term, without demand, deduction, set-off, or counterclaim, at Landlord’s address specified herein or at such other place as Landlord may designate in writing. If the Term commences on a day other than the first day of a calendar month, Base Rent for such fractional month shall be prorated on a per diem basis.

3.2 Security Deposit

Upon the execution of this Agreement, Tenant shall deposit with Landlord the Security Deposit. The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all provisions of this Agreement. Landlord shall not be required to keep the Security Deposit in a segregated account, nor shall it accrue interest unless expressly required by Texas law. If Tenant defaults with respect to any provision of this Agreement, Landlord may use, apply, or retain all or any portion of the Security Deposit for the payment of any Rent or other sum in default, or for the payment of any amount Landlord may spend or become obligated to spend by reason of Tenant’s Default.

3.3 Use of Premises

The Premises shall be used and occupied exclusively for [Permitted Commercial Use] and for no other purpose whatsoever. Tenant shall not use or occupy, or permit the Premises or any part thereof to be used or occupied, in any manner that violates any certificate of occupancy, or any local, state, or federal law, ordinance, rule, or regulation. Tenant shall not commit, or suffer to be committed, any waste upon the Premises or any public or private nuisance.

3.4 Maintenance, Repairs, and Alterations

1. Landlord’s Obligations: Landlord shall maintain, repair, and keep in good condition and working order the structural elements of the Building, the foundation, exterior walls, roof, and the Common Areas, including plumbing, electrical, and HVAC systems serving the Building generally, except to the extent such maintenance and repair is made necessary by the negligent acts, omissions, or willful misconduct of Tenant, its agents, employees, invitees, or contractors.
2. Tenant’s Obligations: Tenant shall, at its sole cost and expense, maintain, repair, and keep the interior of the Premises, including non-structural interior walls, flooring, storefronts, and interior fixtures, in good, clean, and safe condition.
3. Alterations: Tenant shall not make or allow to be made any structural alterations, additions, or improvements to the Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed, or conditioned. All alterations made by Tenant shall become the property of Landlord upon the expiration or termination of this Agreement, unless Landlord requires their removal pursuant to Section 3.4.4.

3.5 Compliance with Laws and ADA

Tenant shall, at its sole cost and expense, promptly comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and orders, including the Americans with Disabilities Act (ADA) and environmental protection statutes, relating to the interior of the Premises and Tenant's specific use thereof. Landlord warrants that the Building core and Common Areas comply with applicable laws as of the Effective Date.

3.6 Insurance and Indemnification

1. Tenant’s Insurance: Tenant shall, at its sole cost and expense, maintain during the entire Term: (a) Commercial General Liability Insurance insuring against claims for bodily injury, personal injury, or property damage arising out of Tenant’s operations in the Premises, with minimum limits of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate; (b) Property Insurance covering all trade fixtures, merchandise, and equipment located within the Premises; and (c) Statutory Workers’ Compensation Insurance. All policies shall name Landlord as an additional insured.
2. Indemnification: Tenant shall defend, indemnify, and hold harmless Landlord, its officers, directors, partners, agents, and employees from and against any and all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from: (a) any breach or default by Tenant in the performance of its obligations hereunder; (b) any negligence or willful misconduct of Tenant or its agents, employees, or contractors; or (c) any accident, injury, or damage whatsoever occurring in, on, or about the Premises.

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4. DEFAULT, TERMINATION, AND REMEDIES

4.1 Events of Default

The occurrence of any one or more of the following events shall constitute an "Event of Default" by Tenant under this Agreement:

1. Failure to Pay Rent: Failure by Tenant to pay any installment of Base Rent, Additional Rent, or any other monetary obligation due hereunder within five (5) business days after the same is due.
2. Breach of Covenants: Failure by Tenant to observe or perform any other covenant, agreement, or condition of this Agreement (other than the payment of Rent) within thirty (30) business days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s obligation is such that more than thirty (30) business days are reasonably required for its performance, Tenant shall not be in Default if it commences performance within such thirty (30) business day period and thereafter diligently prosecutes the same to completion.
3. Bankruptcy or Insolvency: The filing of a petition by or against Tenant under any chapter of the United States Bankruptcy Code, or the appointment of a receiver, trustee, or liquidator for all or substantially all of Tenant's assets, or the execution by Tenant of an assignment for the benefit of creditors.
4. Abandonment: The actual and continuous abandonment or vacation of the Premises by Tenant for a period of fifteen (15) consecutive days or more without prior written notice to Landlord and without continuing to pay Rent.

4.2 Landlord’s Remedies

Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter, to exercise any one or more of the following legal and equitable remedies, without waiving any other right or remedy:

1. Termination of Lease: Terminate this Agreement and Tenant's right to possession of the Premises by giving written notice of termination, whereupon Tenant shall immediately surrender possession of the Premises to Landlord. Upon such termination, Landlord may recover from Tenant all damages incurred by Landlord as a result of Tenant's Default, including the worth at the time of award of the unpaid Rent that had been earned at the time of termination, plus the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided.
2. Self-Help and Curing: Without terminating this Agreement, Landlord may enter upon the Premises and cure the Event of Default on behalf of Tenant, and Tenant shall immediately reimburse Landlord for all costs and expenses incurred in connection therewith, plus interest at the maximum legal rate under Texas law.
3. Acceleration of Rent: Declare all Base Rent and Additional Rent for the remainder of the Term to be immediately due and payable, and sue for and collect the same.
4. Statutory Rights: Exercise any and all other rights and remedies available to Landlord under the laws of the State of Texas, including Landlord's statutory liens for rent.

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5. BOILERPLATE LEGAL PROVISIONS

5.1 Severability

If any provision of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.

5.2 Entire Agreement

This Agreement, along with any exhibits, schedules, and addenda attached hereto, constitutes the entire agreement between Landlord and Tenant pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless set forth in a written instrument executed by the party against whom enforcement is sought.

5.3 Force Majeure

If either party is delayed or prevented from performing any of its obligations under this Agreement (except for the payment of Base Rent, Additional Rent, or other monetary obligations) due to a Force Majeure Event, then such performance shall be excused for the period of the delay, and the period for the performance of such obligation shall be extended for a period equivalent to the period of such delay.

5.4 Governing Law and Venue

This Agreement shall be interpreted, construed, governed, and enforced in accordance with the internal laws of the State of Texas, without regard to its conflict of laws principles. Any legal action, proceeding, or arbitration arising out of or relating to this Agreement shall be instituted and maintained exclusively in the state or federal courts located in [County Name] County, Texas, and each party hereby irrevocably submits to the personal jurisdiction of such courts.

5.5 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, the parties agree to first endeavor to settle the dispute by good-faith mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures prior to resorting to litigation or binding arbitration. If mediation is unsuccessful within thirty (30) days of the initial demand, the dispute shall be resolved by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Procedures, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

5.6 Notices

Any notice, demand, request, consent, or approval required or permitted under this Agreement shall be in writing and shall be deemed duly given: (a) upon personal delivery; (b) on the next business day following deposit with a nationally recognized overnight courier service, postage prepaid; or (c) on the third business day following deposit in the United States mail, certified mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below:

• To Landlord: [Landlord Entity Name] Attn: [Landlord Contact Name/Title] [Landlord Physical Address] Email: [Landlord Email Address]

• To Tenant: [Tenant Entity Name] Attn: [Tenant Contact Name/Title] [Tenant Physical Address] Email: [Tenant Email Address]

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6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the parties hereto have caused this Texas Commercial Lease Agreement to be duly executed by their respective authorized officers or representatives as of the Effective Date first written above.

LANDLORD:

[Landlord Entity Name], a [State and Entity Type]

By: ___________________________________________________ Name: [Authorized Signatory Name] Title: [Signatory Title] Date: ________________________

TENANT:

[Tenant Entity Name], a [State and Entity Type]

By: ___________________________________________________ Name: [Authorized Signatory Name] Title: [Signatory Title] Date: ________________________