Terms & Conditions

1. Lease Agreement

1.1. Binding Contract: Your commercial tenancy is governed by a separate, legally binding Lease Agreement executed between the Landlord and the Tenant. These Terms supplement, and are incorporated into, the Lease Agreement. In the event of any conflict between these Terms and the Lease Agreement, the specific provisions of the Lease Agreement shall prevail.

1.2. Lease Term: The specific commencement date, expiration date, and any renewal options for your tenancy are set forth in your Lease Agreement.

2. Rent and Payments

2.1. Rent Obligation: Tenant agrees to pay rent and all other charges (e.g., common area maintenance (CAM) fees, utilities, taxes, insurance) as specified in the Lease Agreement, punctually and without demand, deduction, or set-off.

2.2. Payment Due Dates: Rent is due on the 1st day of each calendar month. Additional charges may have different due dates as specified in the Lease Agreement or separate invoices.

2.3. Late Fees: Any rent or other payments not received by the Landlord within [Number] days after the due date shall be subject to a late fee of $25 of the overdue amount, whichever is greater, in addition to any interest accrued as permitted by law.

2.4. Returned Payments: A fee of $50 will be charged for any returned checks or failed electronic payments.

2.5. Security Deposit: A security deposit, as specified in the Lease Agreement, is required prior to occupancy. The terms governing the return and permissible deductions from the security deposit are outlined in the separate Refund Policy, which is incorporated herein.

3. Use of Premises

3.1. Permitted Use: The Tenant shall use the Premises solely for the purpose specified in the Lease Agreement (e.g., office, retail, warehouse) and for no other purpose without the prior written consent of the Landlord.

3.2. Compliance with Laws: Tenant shall, at its sole cost, comply with all applicable federal, state, and local laws, ordinances, regulations, and orders, including but not limited to, zoning laws, building codes, fire codes, and ADA accessibility requirements, relevant to its use and occupancy of the Premises.

3.3. Prohibited Activities: Tenant shall not use the Premises for any illegal, hazardous, or offensive activities, or any activity that creates excessive noise, odor, vibration, or other disturbance to other tenants or neighboring properties.

3.4. Noise and Respectful Conduct: To maintain a productive and respectful environment for all tenants: * Noise Levels: Tenants are required to keep noise levels within their leased spaces and common areas to a minimum. Excessive noise, loud music, or disruptive conversations are prohibited. * Respect for Others: Tenants and their visitors must conduct themselves respectfully and professionally, avoiding any behavior that disturbs or inconveniences other tenants.

4. Maintenance and Repairs

4.1. Tenant's Responsibilities: Tenant is responsible for the ordinary maintenance and minor repairs within its leased Premises, including but not limited to, interior painting, light bulb replacement, and keeping the space clean and free of debris. Tenant is also responsible for any damage to the Premises caused by its negligence, misuse, or that of its employees, agents, or invitees, beyond normal wear and tear.

4.2. Landlord's Responsibilities: Landlord is generally responsible for structural repairs to the building, maintenance of common areas, and major systems (e.g., HVAC, plumbing, electrical outside the leased space) as outlined in the Lease Agreement.

4.3. Reporting Issues: Tenant must promptly notify the Landlord in writing of any necessary repairs or maintenance issues related to the Landlord's responsibilities.

5. Alterations and Improvements

5.1. Prior Consent: Tenant shall not make any alterations, additions, or improvements to the Premises, structural or otherwise, without the Landlord's prior written consent. All approved alterations must comply with applicable building codes and be performed by licensed contractors.

5.2. Restoration: Unless otherwise agreed in writing, any approved alterations or improvements made by the Tenant shall become the property of the Landlord upon termination of the Lease, or the Landlord may require the Tenant to remove such alterations and restore the Premises to their original condition at Tenant's expense.

6. Insurance

6.1. Tenant's Insurance: Tenant shall, at its sole expense, maintain comprehensive general liability insurance, property insurance covering its personal property and trade fixtures, and any other insurance required by the Lease Agreement, with coverage amounts and naming Landlord as an additional insured as specified in the Lease Agreement. Proof of insurance must be provided to Landlord prior to occupancy and upon renewal.

6.2. Landlord's Insurance: Landlord shall maintain property insurance for the building and general liability insurance for the common areas, but this insurance does not cover Tenant's personal property or business operations.

7. Access by Landlord

7.1. Emergency Access: In an emergency (e.g., fire, flood, security breach, imminent danger to life or property), Landlord reserves the right to enter the Premises without prior notice to address the emergency. Landlord will notify Tenant as soon as safely and practically possible after such entry.

7.2. Non-Emergency Access: For non-emergency purposes (e.g., inspections, repairs, maintenance, showing the Premises to prospective tenants or purchasers), Landlord will provide Tenant with reasonable prior notice (e.g., 24-48 hours) before entering the Premises.

8. Assignment and Subletting

8.1. Landlord's Consent Required: Tenant shall not assign, sublet, or otherwise transfer its interest in the Lease Agreement or the Premises, in whole or in part, without the prior written consent of the Landlord, which consent may be withheld in Landlord's sole discretion. Any unauthorized assignment or subletting shall be a material breach of the Lease Agreement.

9. Default and Remedies

9.1. Events of Default: A "Default" by Tenant shall include, but not be limited to: * Failure to pay rent or any other charges when due. * Failure to perform any other term, covenant, or condition of the Lease Agreement or these Terms. * Abandonment of the Premises. * Bankruptcy or insolvency of the Tenant.

9.2. Landlord's Remedies: Upon a Default by Tenant, Landlord shall have all remedies available at law or in equity, including but not limited to: * Termination of the Lease Agreement. * Eviction of the Tenant. * Recovery of all unpaid rent and other charges. * Acceleration of all future rent payments for the unexpired term of the Lease. * Collection of damages, including re-leasing costs, lost rent, and costs of restoring the Premises. * Retention and application of the security deposit.

10. Termination of Lease

10.1. Expiration of Term: The Lease Agreement automatically terminates at the end of the Lease Term unless a renewal option is exercised in accordance with the Lease Agreement.

10.2. Early Termination: Early termination by the Tenant without Landlord's written consent is a Default and will trigger the remedies outlined in Section 9. Landlord may, at its sole discretion, negotiate an early termination agreement as outlined in the Refund Policy.

10.3. Surrender of Premises: Upon termination of the Lease, Tenant shall vacate and surrender the Premises in broom-clean condition, good repair (ordinary wear and tear excepted), and free of all Tenant's property and debris. Tenant shall remove all its property and trade fixtures (unless otherwise agreed) and repair any damage caused by such removal.

11. Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Tenant's use or occupancy of the Premises.
Any breach by Tenant of the Lease Agreement or these Terms.
Any acts or omissions of Tenant, its employees, agents, contractors, or invitees.
Any injury to persons or property occurring within the Premises, unless caused by the sole negligence or willful misconduct of Landlord.

12. Governing Law and Jurisdiction

These Terms and the Lease Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to these Terms or the Lease Agreement shall be brought exclusively in the state or federal courts located in Door County WI.

13. Miscellaneous

13.1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.2. Waiver: No waiver of any breach of any provision of these Terms or the Lease Agreement shall be deemed a waiver of any subsequent breach or of the provision itself.

13.3. Entire Agreement: These Terms, together with the Lease Agreement and any other attached exhibits or addenda, constitute the entire agreement between the Landlord and Tenant concerning the Premises and supersede all prior discussions, negotiations, and agreements.

13.4. Amendments: Any amendment or modification to these Terms or the Lease Agreement must be in writing and signed by both the Landlord and the Tenant.

13.5. Headings: The headings in these Terms are for convenience only and shall not affect their interpretation.