California E&S Insurance

Need Advice: Am I getting screwed in this commercial lease? I'm in the process of signing a lease for a building to use as an auto repair shop. For some background, the landlord is in his early 60's and wants to retire soon, and this building is part of his retirement plan so he really wants to sell, not lease. I was planning to buy it last year for $300k but it appraised at only $155k, so we couldn't make a deal, even though he offered owner financing. It's a I'm now back to attempt to lease it, with the option to buy at the end of my 3-year lease term (or before it ends) to see if it is even feasible for me to own or operate in long-term. It's a small building right on a busy road, so I'm sure I can stay busy enough, but at only 1,500 sq/ft and just 2 bays it may be too limiting in size for what I'm picturing in the long run. I have contacted MANY commercial real estate attorneys to review the document but no one seems interested, so I'm here on reddit. I am copying in the raw lease document, as well as a ChatGPT summary in the comments if it lets me. My main question is, "Is This Reasonable Or Am I Getting Screwed?" \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Page 1 of 12 Tenant’s Initials: \_\_\_\_\_\_ COMMERCIAL LEASE AGREEMENT This Lease Agreement (the “Lease”) is made this \_\_\_\_ day of July 2025, by and between REDACTED (“Landlord”), and REDACTED ("Tenant"), collectively hereafter referred to as the “Parties”, who agree as follows: 1. PREMISES. In consideration of the rents to be paid and the covenants and agreements to be performed and observed by Tenant herein, Landlord owns and hereby leases the following 1,500 square feet (SF) of commercial garage space to Tenant: ADDRESS REDACTED, VIRGINIA USA along with the fixtures contained therein (the “Premises”). 2. PERIOD OF TENANCY. The term of this Lease shall be for a period of three (3) years (thirty-six (36) months) commencing on the 15th day of July 2025 (“Commencement Date”) and expiring at Midnight on the 15th day of July 2028 (“Initial Term”). Possession of the Premises shall be delivered by Landlord and accepted by Tenant on the Commencement Date. Condition of Premises/Inspection by Tenant: Tenant has had the opportunity to inspect the Premises and acknowledges with his signature on this Lease that the Premises are in good condition and comply in all respects with the requirements of this Lease. Tenant further represents that he has inspected the Premises and is leasing and will take possession of the Premises with all current fixtures present in their “as is” condition as of the date hereof. Landlord makes no representation or warranty with respect to the condition of the Premises or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein. 3. LEASE PAYMENTS. For the Initial Term, the monthly payment (“Rent”) shall be two thousand dollars ($2,000.00), prorated to one thousand dollars ($1,000.00) only for the first month of July 2025 and payable upon the commencement of the Lease. Each subsequent monthly installment of $2,000.00 is payable on the 1st day of the month. Landlord does not require a security deposit. Tenant agrees to pay Landlord all Rent due under the Lease without demand and without offset. Payments shall be made to Landlord: REDACTED, or such other address as may be designated by Landlord in writing from time to time. For Rent which is in default (late) for more than five (5) days after its due date, Tenant shall pay to Landlord, in addition to the outstanding Rent, a late fee equal to ten percent (10%) of the amount due. In addition, if Tenant fails to pay any Rent within five (5) days after receiving written notice from Landlord, interest shall accrue on the amount outstanding (Rent + late fee) at 6% per annum on a daily basis from the date that Rent is due until the amount is paid in full. All delinquent rental payments made shall be applied first toward interest due and the remaining toward delinquent rental payments. 4. USE AND OPERATION. Landlord is leasing the Premises to Tenant and Tenant is hereby agreeing to lease the Premises from Landlord for the intended use and purpose of operating a motor vehicle repair shop which sells its services and related products to the public, as well Page 2 of 12 Tenant’s Initials: \_\_\_\_\_\_ as any other uses that may be necessary or incidental to this intended purpose. Any change in use or purpose of the Premises other than as described herein shall be only upon the prior written consent of Landlord. a) Compliance With Laws and Regulatory Covenants: Upon the execution of this Lease and during the entire Initial Term and any renewals thereof, Tenant shall, at his expense, take any action necessary to make the Premises compliant with all federal, state, and city laws and ordinances, as well as all rules, regulations and orders of all duly constituted authorities, present or future. Furthermore, to the extent Tenant makes any repairs, alterations, or maintenance to the Premises during the Initial Term and any renewals thereof, Tenant shall comply, at his expense, with all federal, state, and city laws and ordinances, and all rules, regulations and orders of all duly constituted authorities, present or future, which affect the carrying on of the business being conducted in the Premises. b) Zoning: If any zoning ordinance, executed by a properly constituted governmental authority, is enacted after the date of this Lease which materially restricts Tenant's ability to utilize the Premises for the Permitted Use(s) listed above, then Tenant shall have the right to terminate this Lease upon no less than ninety (90) days prior written notice to Landlord. c) Usage by Tenant: Tenant shall comply with all rules, regulations and laws of any governmental authority with respect to use and occupancy. Tenant shall not conduct or permit to be conducted upon the Premises any business or permit any act which is contrary to or in violation of any law, rules or regulations and requirements that may be imposed by any authority or any insurance company with which the Premises is insured, nor will Tenant allow the Premises to be used in any way which will invalidate or be in conflict with any insurance policies applicable to the building. d) Animals/Pets: Unless otherwise stated in this Lease, the only animals/pets allowed on the Premises are those needed legally due to a disability or handicap. 5. EXPIRATION, SURRENDER AND RENEWAL. This Lease and the tenancy hereby created shall cease at the end of the Initial Term hereof, without the necessity of any notice from either Landlord or Tenant to terminate it. a) For the period of sixty (60) days prior to the expiration of the Term, Landlord shall have the right to display on the exterior of the Premises (but not in any doorway thereof) a “For Sale” or "For Rent" sign, and to show the Premises and all parts thereof to prospective buyers and tenants between the hours of 9:00 A.M. and 6:00 P.M. on any day on which Tenant is open for business. Landlord, on behalf of himself, his employees, agents, and its successors and assigns, agrees to protect, indemnify, defend, and hold harmless Tenant, his officers, directors, employees, agents, successors and assigns from and against any and all costs, liabilities, claims, demands, suits, judgments, causes of action arising from the access granted pursuant to this Paragraph, No. 5, and any other provisions of the Lease. b) Exercise of Renewal: Provided Tenant is not in default of any provision of this Lease, Tenant may elect to continue this Lease after the Initial Term for a “Renewal Term.” To exercise this option, Tenant shall give written notice of his intent to renew to Page 3 of 12 Tenant’s Initials: \_\_\_\_\_\_ Landlord no less than one hundred and twenty (120) days prior to the expiration of the Initial Term (or any subsequent Renewal Term). 1. If such written notice is timely given, Tenant may renew the Lease for a successive one-year (12-month) Renewal Term. Every Renewal Term will be one (1) year (12 months) even though the Initial Term was a three (3)-year period. 2. During each Renewal Term, the monthly Rent shall increase by five hundred dollars ($500.00) over the previous term’s monthly rental payment so that the monthly rental payment for a third consecutive Renewal Term will be three thousand five hundred dollars ($3,500.00). c) Holdover: Should Tenant remain in possession of the Premises after the cancellation, expiration or sooner termination of the Lease, or any renewal thereof, with or without Landlord's acquiescence and without any written agreement governing the holding over, Tenant shall be a tenant at will, subject to all the terms, covenants and conditions of this Lease, and there shall be no renewal of this Lease by operation of law. Without the execution of a new Lease or renewal, such holding over shall be deemed, if Landlord so elects, to have created and be construed to be a tenancy from month to month, terminable upon thirty (30) days’ notice by either party. 6. RIGHT OF FIRST REFUSAL. During the Initial Term of this Lease, Landlord hereby grants Tenant the right of first refusal on any sale of the Premises. Any proposed sale of the Premises will be submitted to Tenant and Tenant shall have the right to purchase the Premises on the same terms and conditions as the proposed purchaser. All such proposals of any kind shall be presented to Tenant in writing at Tenant's last known mailing address, by certified mail, postage prepaid, return receipt requested, and Tenant shall have thirty (30) days from the date the notice is mailed, upon which to enter into a contract with Landlord to purchase the Premises on the same terms as the proposed purchaser. If Tenant fails to enter into a contract with landlord within said thirty (30) days or fails to thereafter consummate the sale within a reasonable time after entering the contract, this right of first refusal shall be deemed to be null and void and of no further effect. 7. LANDLORD’S RIGHT TO SELL. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right to sell the Premises at any time during the term of this Lease. Upon any such sale, the purchaser shall acquire the Premises subject to this Lease, and the purchaser shall assume all of Landlord's obligations and liabilities under this Lease arising from and after the date of such sale. Tenant agrees to recognize the purchaser as the new Landlord and to be bound by all the terms and conditions of this Lease. Landlord shall provide Tenant with written notice of the sale and the identity of the purchaser at least thirty (30) days prior to the closing of the sale. 8. EXPENSES AND TAXES. It is the intention of the Parties that Landlord shall have no obligation to provide any services, perform any acts, or pay expenses, charges, obligations or costs of any kind whatsoever with respect to the Premises, its ownership, and operation—except for real estate/property taxes and assessments, which Landlord will continue to pay during the Initial Term and any Renewal Term(s). Tenant hereby agrees to pay one hundred percent (100%) of any and all Operating Expenses as defined below for the entire term of the Lease and any renewals or extensions thereof in accordance with the provisions of this Lease. Page 4 of 12 Tenant’s Initials: \_\_\_\_\_\_ a) The term “Operating Expenses” shall include all costs of operating and maintaining the Premises, including but not limited to, heating, air conditioning/HVAC, electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any governmental acts which may affect operations or operating expenses, and all other direct costs of operating and maintaining the Premises and related parking areas, unless otherwise expressly excluded herein. b) Payments by Landlord: If Landlord pays any monies on behalf of Tenant, or incurs any other expenses in correction of a violation by Tenant of his obligations, all in accordance with the provisions of this Lease, the actual reasonable costs so paid or incurred shall, at Landlord's option, and upon written notice to Tenant, be considered Additional Rent, which will be due and payable by Tenant to Landlord within thirty (30) days after receipt of written notice and the appropriate receipts or invoices from Landlord. 9. INSURANCE. Tenant shall maintain, at all times during the Term of this Lease, both: (1) hazard insurance to protect the Premises against loss or damage by fire or other casualties for the full replacement value of the Premises; and (2) comprehensive general liability insurance with an insurance company licensed to do business in the Commonwealth of Virginia, with a single occurrence limit coverage of not less than One Million Dollars ($1,000,000) and a Two Million Dollars ($2,000,000) policy aggregate limit (bodily injury and/or property damage). The insurance policies must permit a mutual waiver of subrogation (see Paragraph No. 14, below). a) Prior to the commencement of the Initial Term of this Lease, and for every renewal term thereafter, Tenant shall furnish Landlord with PDF (or paper) copies of the current applicable Certificate(s) of Insurance, maintained by Tenant and naming Landlord as an additional insured. b) If Tenant fails to obtain such insurance as described above and/or fails to maintain the same in force continuously during the Initial or any subsequent Renewal Term, Landlord may, but shall not be required to, obtain the same and charge Tenant the premium(s) paid as Additional Rent (to be paid by Tenant within thirty (30) days of receipt of the appropriate receipts/invoices from Landlord). Furthermore, Tenant agrees not to keep upon the Premises any articles or goods which may be prohibited by the standard form of fire insurance policy, and in the event the insurance rates applicable to fire and extended coverage covering the Premises shall be increased by reason of any use of the Premises made by Tenant, then Tenant shall pay to Landlord, upon demand, such increase in insurance premium as shall be caused by said use or Tenant’s proportionate share of any such increase. 10. LEASEHOLD IMPROVEMENTS. Tenant agrees that no leasehold improvements, alterations or changes of any nature shall be made to the Premises or the exterior of the building without first obtaining the consent of the (1) appropriate municipality; and (2) Landlord in writing, which consent shall not be unreasonably withheld. a) Any leasehold improvements shall be made only in accordance with applicable federal, state and local codes, ordinances or regulations. Tenant is responsible for all costs associated with any improvements, alterations or changes to the Premises. Page 5 of 12 Tenant’s Initials: \_\_\_\_\_\_ b) Any and all leasehold improvements made to the Premises which become affixed or attached to the leasehold Premises shall remain the property of Landlord at the expiration or termination of this Lease, with the exception of two high-spec automotive lifts, which if installed, may be removed by Tenant at the termination of the lease, provided (1) Tenant is not in default of any provision of the Lease at that time, and (2) Tenant repairs all damage(s) caused or resulting from the removal of the lifts. c) Nothing in the Lease shall be construed to authorize Tenant or any other person acting for Tenant to encumber the rents of the Premises or the interest of Tenant in the Premises or any person under and through whom Tenant has acquired its interest in the Premises with a mechanic’s lien or any other type of encumbrance. Under no circumstance shall Tenant be construed to be the agent, employee or representative of Landlord. In the event a lien is placed against the Premises, through actions of Tenant, Tenant will promptly pay the same or bond against the same and take steps immediately to have such lien removed. If Tenant fails to have the Lien removed, Landlord shall take steps to remove the lien and Tenant shall pay Landlord for all expenses related to the Lien and removal thereof and shall be in default of this Lease. d) Signs: Tenant shall not place on any exterior door, wall or window of the Premises any sign or advertising matter without first obtaining the consent of the (1) appropriate municipality; and (2) Landlord in writing, which consent shall not be unreasonably withheld. Thereafter, Tenant agrees to maintain such sign or advertising matter as first approved by Landlord in good condition and repair. Upon vacating the Premises, Tenant agrees to remove all signs and to repair all damage(s) caused or resulting from such removal. 11. LICENSES AND PERMITS. A copy of any and all local, state or federal permits acquired by Tenant which are required for the use of the Premises shall be kept on site at all times and shall be readily accessible and produced to Landlord and/or his agents or any local, state, or federal officials upon demand. a) Tenant shall not knowingly commit nor permit to be committed any act or thing contrary to the rules and regulations prescribed from time to time by any federal, state or local authorities and shall Tenant shall also be responsible for the cost, if any, incurred to bring his contemplated operations and business activity into compliance with any law or regulation of a federal, state or local authority. 12. TENANT MAINTENANCE. Landlord shall not be responsible for any aspect of maintenance, repair, cleaning or making replacements to the Premises. Tenant shall be solely responsible for any and all maintenance and cleaning of the Premises. More specifically: a) Tenant will keep the Premises, together with all electrical, plumbing, heating, air conditioning and other mechanical installations, as well as the roof, walls, foundation, gutters, downspouts and awnings, if any, serving the Premises, in good order and repair, making all necessary replacements thereto, at his own expense. b) Tenant shall keep all exterior windows and doors of the Premises clean and in good repair. Furthermore, Tenant shall repair at his sole expense any exterior window glass, plate glass, doors or locks with those of like kind and quality, within a reasonable time after damage has occurred. If Tenant fails, refuses or neglects to make repairs or replacements, after written notice by Landlord and a reasonable period of time in which Page 6 of 12 Tenant’s Initials: \_\_\_\_\_\_ to cure thereafter, in accordance with the provisions of this Lease, Landlord shall have the right, at his option, to make such repairs on behalf of and for the account of Tenant and the reasonable actual cost shall be deemed Additional Rent. c) Tenant shall be responsible for trash removal and associated costs. Tenant shall not keep or maintain any explosives or extra hazardous waste materials or contaminates on the Premises. d) Tenant shall be responsible for the cost of removing snow and ice from and making replacements and improvements to the parking area, as necessary. e) Tenant shall not paint or decorate any part of the exterior of the Premises without first obtaining Landlord's written approval, which may be withheld at Landlord’s sole discretion. f) Tenant will surrender the Premises at the expiration of the Term or at such other time as he may vacate the Premises in the same condition as Tenant received the Premises on the Commencement Date, subject to ordinary wear and tear and damage by fire, unavoidable accident or act of God. g) In the event the structure of the Premises is damaged as a result of any neglect or negligence of Tenant, his employees, agents, business invitees, or any independent contractors serving Tenant or in any way as a result of Tenant’s use and occupancy of the Premises, then Tenant shall be primarily responsible for seeing that the proper claims are placed with Tenant’s insurance company, or the damaging party's insurance company, and shall furthermore be responsible for seeing that the building is safeguarded with respect to said damage and that all proper notices with respect to said damage, are made in a timely fashion, including notice to Landlord, and the party or parties causing said damage. Any damage that is not covered by an insurance company will be the liability of Tenant. 13. NO ASSIGNMENT OR SUBLETTING. Tenant may not transfer or assign this Lease (or any right or interest hereunder) and may not sublet the leased Premises (or any part thereof), without the prior written consent and approval of Landlord, which may be withheld in Landlord’s sole discretion. a) In the event of any assignment or subletting under this Paragraph, No. 13, Tenant shall remain liable for the payment of all rent required to be paid under this Lease and for the performance of all terms, covenants, and conditions undertaken by Tenant. 14. MUTUAL WAIVER OF SUBROGATION. Landlord and Tenant agree that neither party shall be liable to the other for any loss or damage which is covered by insurance carried by either party, and hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. This waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss of, or damage to, property of Tenant or Landlord. Inasmuch as the above waiver will preclude the assignment of any such claim, by subrogation or otherwise, to an insurance company (or any other person), Landlord and Tenant agree immediately to give to each insurance company which has issued policies of fire and extended coverage insurance, written notice of the terms Page 7 of 12 Tenant’s Initials: \_\_\_\_\_\_ of such waiver, and to have such insurance policies properly endorsed, if necessary, to prevent the invalidation of the insurance coverage by reason of such waiver. 15. FIRE AND CASUALTY—DAMAGE TO THE PREMISES. a) In the event the Premises shall be damaged (but not rendered untenantable in whole or in part) by fire, the elements, accident, or other casualty, which is not the result of the intentional acts or neglect of Tenant, and which precludes or adversely affects Tenant’s occupancy, then Landlord shall promptly cause such damage to be repaired, and the Rent shall not abate. b) If by reason of such occurrence, the Premises shall be rendered untenantable only in part, Landlord shall promptly cause the damage to be repaired as soon as reasonably possible and in no event more than sixty (60) days from the date of the casualty unless the repairs are not capable of being completed within sixty (60) days, in which event, Landlord shall promptly begin the repairs within said period and diligently pursue them until the demised Premises have been put in a condition at least to the extent of the value and as nearly as possible to the condition of the Premises existing immediately prior to such damage. The Rent, meanwhile, shall abate proportionately as to the portion of the Premises rendered untenantable. It is understood, however, that in no event shall Landlord's obligation to restore, replace or rebuild exceed an amount equal to the sum of the insurance proceeds available for reconstruction with respect to said damage. c) If by reason of such occurrence the Premises shall be rendered wholly untenantable, Landlord shall promptly, and within one hundred twenty (120) days from the date of casualty, cause such damage to be repaired, and the Rent meanwhile shall abate in whole, unless within sixty (60) days after said occurrence Landlord or Tenant shall give written notice to the other party that he has elected to terminate the Lease, in which event this Lease shall cease as of the date of said occurrence and the Rent shall be adjusted as of such date. Notwithstanding the foregoing, if the damage is caused by the negligence or misconduct of Tenant, or any of his officers, partners, members, employees, contractors or agents, the Rent shall not abate. 16. DEFAULT AND POSSESSION. In the event that Tenant shall fail to pay Rent, and expenses as set forth herein, or any part thereof, when the same are due and payable, or shall otherwise be in default of any other terms of this Lease for a period of more than fifteen (15) days, after receiving written notice of said default, then the Parties expressly agree and covenant that Landlord may declare the Lease terminated and may immediately re-enter the Premises and take possession of the same together with any of Tenant’s personal property, equipment or fixtures left on the Premises which items may be held by Landlord as security for Tenant’s eventual payment and/or satisfaction of rental defaults or other defaults of Tenant under the Lease. It is further agreed, that if Tenant is in default, that Landlord shall be entitled to take any and all action to protect its interest in the personal property and equipment, to prevent the unauthorized removal of said property or equipment which threatened action would be deemed to constitute irreparable harm and injury to Landlord in violation of his security interest in said items of personal property. a) Re-Lease of Premises: In the event of default, Landlord may expressly undertake all reasonable preparations and efforts to release the Premises including, but not limited to, the removal of all inventory, equipment or leasehold improvements of Tenant’s, at Page 8 of 12 Tenant’s Initials: \_\_\_\_\_\_ Tenant’s expense, without the need to first procure an order of any court to do so, although obligated in the interim to undertake reasonable steps and procedures to safeguard the value of Tenant’s property, including the storage of the same, under reasonable terms and conditions at Tenant’s expense, and, in addition, it is understood that Landlord may sue Tenant for any damages or past rents due and owing and may undertake all and additional legal remedies then available. b) Calculation of Lost Rents: Notwithstanding re-entry and termination as a result of a default pursuant to this Lease, Tenant shall remain liable for any Rent and Additional Rent which may be due prior thereto, as well as all reasonable actual costs, legal and professional fees and expenses incurred by Landlord in re-entering and leasing the Premises to another tenant, providing that Tenant shall not be responsible for remodeling expenses for a use other than the Permitted Uses. c) Legal Costs and Fees: In the event any legal action must be instituted to enforce any terms or provisions under this Lease, then the prevailing party in said action shall be entitled to recover all expenses related to such action, including but not limited to, court costs and fees, as well as a reasonable attorney's fee. d) Liquidated Damages for Default: The Parties hereby agree that it would be impossible or impracticable to determine actual damages in the event of a default/breach of this Lease by Tenant. Therefore, as liquidated damages for default/breach and not as a penalty, the Parties agree that in the event of an uncured default by Tenant which results in Landlord’s early termination of this Lease, Tenant shall pay Landlord an amount equal to the Rent due under the remaining Term of the Lease (whether during the Initial (3-year) Term or any subsequent (1-year) Renewal Term), which, but for such default/breach or termination, would have become payable during the remaining Lease Term. Acceleration: This sum shall, at the option of Landlord, become immediately due and payable. 17. EARLY TERMINATION. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to terminate the Lease in his sole and absolute discretion effective on or after July 15, 2026 (the ”Early Termination Date”) upon prior written notice given to Landlord no later than 5:00 p.m. on March 1, 2026 (the “Termination Notice”). If Tenant elects to give Landlord a Termination Notice, the Lease shall terminate on the Early Termination Date with the same effect as if the Term of the Lease had expired on the Early Termination Date, and Tenant agrees to observe all the terms of the Lease regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to Tenant hereunder, Tenant agrees to pay to Landlord on the date Tenant delivers its Termination Notice a termination fee equal to the lesser of (1) Twenty-Four Thousand Dollars ($24,000.00) or (2) an amount equal to the total Rent due under the remaining Term of the Lease (the “Termination Fee”). Tenant’s payment of the Termination Fee when and as required under this (Paragraph No. 17) of the Lease, is an express condition precedent to Tenant’s effective exercise of his termination option; and if Tenant fails to exercise his termination option when and as provided hereunder, including timely payment of the Termination Fee, Tenant’s exercise of his termination option shall be void and of no effect, and the Lease shall remain in effect as if Tenant had not attempted the exercise of his termination option. Time is of the essence for this, Paragraph No. 17, of the Lease. 18. INDEMNIFICATION. Tenant hereby covenants and agrees to indemnify, defend and hold Landlord harmless from any and all claims or liabilities which may arise from any cause Page 9 of 12 Tenant’s Initials: \_\_\_\_\_\_ whatsoever as a result of Tenant’s use and occupancy of the Premises and further shall indemnify Landlord for any losses which Landlord may suffer in connection with Tenant’s use and occupancy or care, custody and control of the Premises. More specifically: a) Tenant shall defend, indemnify, protect and hold harmless Landlord from and against any and all liability, obligations, losses, damages, penalties, claims, environmental response and cleanup costs, fines, penalties and actions, suits, costs, taxes, charges, expenses and disbursements, including reasonable attorney's fees and expenses imposed on, incurred by or reserved against Landlord in any way, resulting from any accident, occurrence or condition caused by the release by Tenant of any Regulated Substance (including but not limited to substances defined as "hazardous waste", "hazardous materials", "hazardous substances", "toxic substances", "pollutants", "toxic pollutants") on, under, about or affecting the Premises which results in any injury or death of any person or which requires the removal or treatment, storage, disposal, disposition, mitigation, clean-up or remedying of such Regulated Substance or waste, or any other remedial action or fine under the terms of any properly constituted law, regulation, rule or directive of any federal, state or local governmental authority. Tenant's obligation hereunder shall survive the expiration or termination of this Lease. b) Tenant also hereby covenants and agrees to indemnify and hold harmless Landlord from any and all claims or liabilities which may arise from any latent defects in the subject Premises that Landlord is not aware of at the signing of the lease or at any time during the lease term. 19. BANKRUPTCY; INSOLVENCY. Tenant agrees that in the event all or a substantial portion of Tenant’s assets are placed in the hands of a receiver or a Trustee, and such status continues for a period of 30 days, or should Tenant make an assignment for the benefit of creditors or be adjudicated bankrupt; or should Tenant institute any proceedings under the bankruptcy act or any amendment thereto, then this Lease or interest in and to the leased Premises shall not become an asset in any such proceedings and, in such event, and in addition to any and all other remedies of Landlord hereunder or by law provided, it shall be lawful for Landlord to declare the term terminated and to re-enter the Premises and take possession thereof and all improvements thereon and to remove all persons therefrom and Tenant shall have no further claim thereon. 20. SUBORDINATION AND ATTORNMENT. Upon request of Landlord, Tenant will subordinate its rights hereunder to the lien of any mortgage now or hereafter in force against the property or any portion thereof, and to all advances made or hereafter to be made upon the security thereof, and to any ground or underlying lease of the property provided, however, that in such case the holder of such mortgage, or Landlord under such Lease shall agree that this Lease shall not be divested or in any way affected by foreclosure, or other default proceedings under said mortgage, obligation secured thereby, or Lease, so long as Tenant shall not be in default under the terms of this Lease. Tenant agrees that this Lease shall remain in full force and effect notwithstanding any such default proceedings under said mortgage or obligation secured thereby. Tenant shall, in the event of the sale or assignment of Landlord's interest in the building of which the Premises form a part, or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by Landlord covering the Premises, attorn to the purchaser and recognize such purchaser as Landlord under this Lease. Page 10 of 12 Tenant’s Initials: \_\_\_\_\_\_ 21. RIGHT OF ENTRY. It is agreed and understood that Landlord and his agents shall have the complete and unencumbered right of entry to the Premises at any time or times for purposes of enforcing or carrying out any provision of this Lease, inspecting or showing the Premises, and for the purpose of making any necessary repairs to the building or equipment as may be required of Landlord under the terms of this Lease or as may be deemed necessary with respect to the inspection, maintenance or repair of the building/the Premises. 22. ESTOPPEL CERTIFICATE. Tenant at any time and from time to time, upon at least ten (10) days prior notice by Landlord, shall execute, acknowledge and deliver to Landlord, and/or to any other person, firm or corporation specified by Landlord, a statement certifying that the Lease is unmodified and in full force and effect, or if the Lease has been modified, then that the same is in full force and effect except as modified and stating the modifications, stating the dates to which the fixed rent and additional rent have been paid, and stating whether or not there exists any default by Landlord under this Lease and, if so, specifying each such default. 23. NON-WAIVER. Failure to insist on the prompt performance of any provision of this Lease, either express or implied, shall not be construed as a waiver of any of the terms, conditions or covenants of this Lease. Furthermore, waiver by Landlord of a default under this Lease shall not constitute a waiver of a subsequent default of any nature. 24. NOT A JOINT VENTURE. Nothing contained in this Lease shall be construed to be or create a partnership or joint venture between the Parties. 25. NOTICES. Payments and all notices from Tenant to Landlord required or permitted by this Lease shall be directed to: 26. CAPTIONS, HEADINGS AND COUNTERPARTS. Captions and headings in this Lease are for convenience only and shall not be used to limit its scope or intent. Furthermore, captions and headings shall not be used to define, limit, describe, explain, modify, amplify, interpret, or construe any of the provisions of this Lease. This Lease may be executed in two or more counterparts, each of which is deemed an original but all of which together constitute one Lease. 27. GOVERNING LAW; VENUE. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule either of the Commonwealth of Virginia or any other jurisdiction. The exclusive venue for any dispute arising between the Parties under this Lease shall be the courts of competent jurisdiction sitting in Waynesboro, Virginia. 28. ENTIRE AGREEMENT; BINDING EFFECT. This Lease supersedes all agreements previously made between Landlord and Tenant and represents the entire understanding between the Parties. No collateral, oral, or other understandings or agreements have been entered into with respect to this Lease, and both Landlord and Tenant understand and agree to the terms and conditions herein recited. Any modifications or changes to this Lease must be in writing and signed by both Landlord and Tenant. This Lease, and any amendments Page 11 of 12 Tenant’s Initials: \_\_\_\_\_\_ thereto, shall be binding upon and inure to the benefit of Landlord, Tenant, and their respective legal representatives, administrators, executors, heirs, successors, and assigns. 29. SEVERABILITY. No determination by any court, governmental body or otherwise that any provision of this Lease or any amendment hereof is invalid or unenforceable in any instance shall affect the validity or enforceability of (a) any other provision, or (b) such provision in any circumstance not controlled by such determination. Each such provision shall be valid and enforceable to the fullest extent allowed by law and shall be construed wherever possible as being consistent with applicable law. \[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\] \[SIGNATURE PAGE TO FOLLOW\] Page 12 of 12 Tenant’s Initials: \_\_\_\_\_\_ THIS IS A LEGAL BINDING DOCUMENT. READ ENTIRE LEASE BEFORE SIGNING. IN WITNESS WHEREOF, the Parties hereto set their hands and seal this \_\_\_\_ day of July 2025. TENANT: Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Printed Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ LANDLORD: Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Printed Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ACKNOWLEDGMENT OF NOTARY PUBLIC COMMONWEALTH OF VIRGINIA // Augusta County On this \_\_\_\_ day of July 2025, before me appeared\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, as TENANT of this Commercial Lease Agreement who proved to me through government issued photo identification to be the above-named person, in my presence executed foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public My commission expires: ACKNOWLEDGMENT OF NOTARY PUBLIC COMMONWEALTH OF VIRGINIA // Augusta County On this \_\_\_\_ day of July 2025, before me appeared\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, as LANDLORD of this Commercial Lease Agreement who proved to me through government issued photo identification to be the above-named person, in my presence executed foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public My commission expires: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

{
  "score": 0,
  "title": "Need Advice: Am I getting screwed in this commercial lease?",
  "subreddit": "CommercialRealEstate",
  "num_comments": 20,
  "scrape_method": "apify"
}