April 26, 2021
Non-residential premises lease agreement
NON-RESIDENTIAL PREMISES LEASE AGREEMENT
|Nur-Sultan||__ __________ 2021|
[Full name of the lessor] represented by [position, full name], acting on the basis of [name of the document confirming the authority to act on behalf of the legal entity], hereinafter referred to as the “Lessor”, on the one hand, and [Full name of the lessee] represented by [position, full name], acting on the basis of [name of the document confirming the authority to act on behalf of the legal entity], hereinafter referred to as the “Lessee”, on the other hand, and together referred to as the “Parties”, have concluded this non-residential premises lease agreement (hereinafter referred to as the Agreement) on the following:
- Subject matter of the Agreement
1.1. The Lessor provides the Lessee for temporary use for a fee an object of real estate – non-residential premises in the form of [name of the premises], located at the address: Nur-Sultan city, district _____, street _____ [full name of the address] (hereinafter referred to as the premises) for the purpose of holding it contains _________ [description of the purpose of the lease].
1.2. The premises are located in a shopping and office center on the [indicate] floor of the [indicate] – storey building, the total area – [indicate] sq. m [other characteristics].
1.3. The audience is equipped with communal infrastructure systems (cold and hot water supply, sewerage, electricity and heat supply), telephone communication and wireless Internet.
1.4. The audience is provided with inventory / equipment necessary for the provision of the Lessee __________ [name of service] services: [list of inventory / equipment].
1.5. At the time of the conclusion of this Agreement, the leased premises belong to the Lessor on the basis of ownership, which is confirmed by [specify the document confirming the ownership].
1.6. This Agreement is concluded with the condition that the Lessee does not have the right to sublease the leased premises, provide the leased property for free use, as well as pledge the lease rights and make them as a contribution to the authorized capital of business partnerships and companies or a contribution to a production cooperative.
- Rent and settlement procedure
2.1. The rent is set in cash and at the rate of ____ (___) tenge per 1 sq. m per month.
The total cost of renting the premises is ___ (_____) tenge per month.
2.2. The Lessee pays the rent to the Lessor by bank transfer, no later than __ (__) day of each month.
2.3. The rent does not include the cost of utilities consumed by the Lessee for electricity, telephone services and the Internet. The Lessee reimburses the Lessor for the cost of these services on the basis of payment documents issued by organizations providing services.
2.4. In case of force majeure circumstances limiting, temporarily suspending or prohibiting the activities of the Lessee, as well as the provision of educational services in the rented classroom, the amount of rent is changed from the following calculation: The Lessee pays a rent equal to 50 (fifty)% of the established monthly rent. The rental payment deadline remains unchanged.
- Rights and obligations of the Parties
3.1. The Lessee has the right:
3.1.1. Demand a corresponding reduction in the rent if, due to circumstances for which he is not responsible, the conditions of use provided for in this Agreement, or the condition of the premises, has significantly deteriorated.
3.1.2. To conclude a Lease Agreement for a new term in case of proper performance of their obligations under the Agreement.
3.1.3. With the consent of the Lessor, make improvements to the rented premises.
3.1.4. In case of violation by the Lessor of its obligation to carry out major repairs:
– make major repairs caused by an urgent need at the expense of the Lessor;
– demand a corresponding reduction in rent;
– demand termination of the Agreement and compensation for losses.
3.2.1. Pay the rent for the use of the premises in a timely manner.
3.2.2. Use the rented premises in accordance with the terms of this Lease Agreement and the purpose of the rented premises.
3.2.3. Maintain the premises in good condition, bear utility bills.
3.2.4. Upon termination of the Lease Agreement, return the premises to the Lessor in a usable condition.
3.3. The Lessor has the right:
3.3.1. Check the condition of the premises and the communal infrastructure systems located in it no more than once a month at a time convenient for the Lessee, as well as in case of urgent need.
3.3.2. Control the intended use of the rented premises by the Lessee.
3.3.3. Demand termination of the Agreement and compensation for losses if the Lessee uses the premises not in accordance with its intended purpose and the terms of this Agreement.
3.3.4. Require early payment of the rent in the event of a significant violation by the Lessee of the term provided for in this Agreement.
3.4. The Lessor is obliged:
3.4.1. Provide the Lessee with a premise in a condition suitable for use in accordance with the lease purposes provided for in this Agreement.
3.4.2. Refrain from any actions that create obstacles for the Lessee in the use of the premises.
3.4.3. In emergency situations, carry out major repairs of the leased premises at their own expense.
3.4.4. After the termination of this Agreement, reimburse the Lessee for the cost of inseparable improvements to the leased property made with his consent.
3.4.5. Accept from the Lessee on the deed of transfer the premises in __ (______) after the expiration of the lease term or upon termination of this Agreement for other reasons.
- Lease term
4.1. This Agreement is concluded for a period of 12 (twelve) months from “__” _________ 2021 to “__” _________ 2022 (inclusive).
4.2. If the Lessee intends to conclude the Agreement for a new term, he is obliged to notify the Lessor about this at least __ (_______) calendar days before the expiration of this Agreement.
4.3. The Lessee, who has properly performed his duties, upon the expiration of the lease term, all other things being equal, has a preferential right over other persons to conclude a lease agreement for a new term.
4.4. In case of concluding a Lease agreement for a new term, the terms of the Agreement may be changed by agreement of the Parties.
4.5. If the Lessee continues to use the premises after the expiration of this Agreement in the absence of objections from the Lessor, the Agreement shall be deemed renewed under the same conditions for a period of 1 (one) year.
4.6. Agreement can be extended by the Parties an unlimited number of times.
- Modification and termination of the Agreement
5.1. By consequence of the Parties, this Agreement may be amended by concluding an additional agreement.
5.2. Each of the Parties has the right to terminate this Agreement ahead of schedule by notifying the other Party no later than __ (___________) calendar days before the expected date of termination of the agreement.
5.3. At the request of the Lessor, this Agreement may be terminated in court in cases where the Lessee:
– grossly or repeatedly violates the terms of this Agreement or uses the rented premises for other purposes;
– significantly worsens the condition of the rented premises.
5.4. At the request of the Lessee, Agreement may be terminated in court if:
– the Lessor does not provide the premises for use to the Lessee or creates obstacles to the use of the premises in accordance with its intended purpose or the terms of this Agreement;
– the premises transferred to the Lessee have defects that prevent the use of them, which were not specified by the Lessor when concluding the Agreement, were not known to the Lessee in advance and should not have been discovered by the Lessee during the inspection;
– the lessor does not repair the premises in case of emergency;
– the premises, due to circumstances beyond the control of the Lessee, will be in a state not suitable for use.
- Responsibility of the Parties
6.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Kazakhstan.
6.2. The Lessee is obliged to compensate the Lessor for losses (real damage) caused by the delay in returning the rented premises.
6.3. The Lessor is liable to the Lessee for the shortcomings of the rented premises that fully or partially impede the use of it, even if at the time of the conclusion of this Agreement he did not know about these shortcomings.
6.4. In the event of a delay in the payment of rental payments, the Lessee pays to the Lessor a penalty in the amount of ____ (_____)% of the amount owed for each day of delay.
6.5. In case of using the premises not in accordance with the terms of this Agreement or the intended purpose, the Lessee pays the Lessor a fine in the amount of __ (_____) monthly rent and reimburses all losses caused by this (real damage).
7. Force majeure circumstances
7.1 The Parties are exempt from liability for non-fulfillment or improper fulfillment of obligations under the Agreement, if proper fulfillment was impossible due to unforeseen circumstances, force majeure, equally extraordinary and unavoidable circumstances, which are understood, but are not limited to these actions, the following circumstances: declaration of a state of emergency, introduction of quarantine, the publication of acts of state bodies, the implementation of prohibited actions by the authorities, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters and other force majeure circumstances.
8. Other provisions
8.1. The transfer of the premises by the Lessor and its acceptance by the Lessee are carried out according to the deed of transfer signed by the Parties.
8.2. In case of termination of this Agreement, the rented premises must be returned to the Lessor under a deed of transfer signed by the Parties.
8.3. The transfer of ownership of the specified premises to another person is not a basis for amending or terminating this Agreement.
8.4. At the time of the conclusion of this Agreement, the Lessor guarantees that the premises being leased are not mortgaged, not arrested, not encumbered with rights and are not the subject of claims of third parties.
8.5. Any disputes arising out of this Agreement or in connection with it are subject to final settlement in the court of the Republic of Kazakhstan.
8.6. This Agreement is made in 2 (two) copies with equal legal force.
8.7. Any changes and additions to this Agreement must be made in writing and signed by both Parties.
9. Details and signatures
Tel.: + 7 ______________
________________ N. Surname
Tel.: + 7 ______________
________________ N. Surname