This is a sample of the type of rental agreement that is completed when an office suite is rented.

DATED XX//XX/XX

RENTAL AGREEMENT

BETWEEN

MTM BUSINESS SUITES LIMITED

(“the Landlord”)

AND

__________________________________

(“the Tenant”)

MTM Business Suites Limited

M175 Private Bag 300987

Albany , North Shore City 0752

Tel: 0800 MTM 111

Fax: (09) 448 1051

AGREEMENT dated this day of 20XX

PARTIES:

MTM BUSINESS SUITES LIMITED at Auckland (“the Landlord”)

____________________________________________ (“the Tenant”)

____________________________________________ (“the Guarantor”)

Print Name

The Landlord agrees to let and the Tenant agrees to take a monthly tenancy of that part of the Unit lease by the Landlord and described in the Schedule (“the Premises”) upon and subject to the following terms and conditions:

The tenancy shall commence on the _________ day of ______________ 2009 and shall continue on a month to month basis until terminated by either party giving to the other one months prior notice in writing to that effect or on the 30th day of November 2011 whichever date shall occur first and subject to the renewal provisions in clause 8. The said notice may be given at any time by a party delivering the notice to the other party’s address for service set out in the Schedule.

The rent shall be $XXX plus GST per calendar month and payable monthly in advance free of all deductions to the Landlord, payment to be made on the XXth day in each and every month commencing on the date set out in the Schedule together with payment for carparks if included with the tenancy and so noted in the Schedule. (Reference to “Rent” shall include both Premises and Car park rental.) The Landlord may vary the rent from time to time by giving to the Tenant at least one calendar months notice in writing which notice may be given at any time and the rent stipulated in such notice shall be the rent payable hereunder with effect from the date stipulated in such notice. Rent payments are to be made by direct automatic payment to the Landlords bank account.

The Tenant agrees with the Landlord that the Tenant shall not:

Assign transfer or part with the possession or occupation of or sublet the whole or any part of the Premises either by operation of law or otherwise howsoever.

Use the Premises or any part thereof except for such purposes and in such manner as are permitted under the North Shore City Council By-Laws and Town Planning Ordinances and the Tenant shall use the Premises only for the purpose specified in the Schedule.

Make or permit to cause to be made any alterations or additions to the Premises or any apparatus or fittings installed or fitted therein, without the prior written consent of the Landlord.

Do or suffer to be done anything which may render any increased or extra premiums payable in respect of any policy or policies of insurance on the Premises or make void or voidable any such policy or policies. In which case the Tenant hereby indemnifies the Landlord for such cost.

Do or suffer to be done anything, which may be or may tend to be or become a disturbance, nuisance or annoyance to the Landlord or the occupiers of adjoining or neighbouring premises.

Park or permit to be parked vehicles on the grounds of the Premises unless specifically authorised in writing by the Landlord and then only in strict accordance with any such authorisation. Any authorisation given by the Landlord may be modified or revoked at any time in the absolute discretion of the Landlord. Where this tenancy includes carparks the Tenant and its invitees shall only use those identified in the Schedule but to the exclusion of all other tenant’s of the Landlord.

Do or permit any act or thing which would cause any of the drains or water pipes in or under the said Premises to become blocked and if such drains or pipes become blocked as a result of the failure by the Tenant to observe the provisions of this clause then the cost of clearing or repairing them shall be borne by the Tenant.

Affix any sign or advertising device to the Premises without the written consent of the Landlord and the Tenant shall remove any such signs and devices affixed to the Premises prior to the expiration or sooner determination of the term and restore those portions of the Premises to which the same have been attached to the reasonable satisfaction of the Landlord.

Affix anything to the office suite walls or glass which would cause damage when being removed or leave holes in the wall when removed. If any damage is caused the tenant will be liable to put the walls and/or surfaces back to their original condition.

The Tenant hereby agrees with the Landlord that the Tenant shall at all times during the continuance of the tenancy:

Keep the Premises in a clean and tidy condition and keep any grounds forming part of the premises free from any accumulation of tins, bottles, paper, or other refuse or rubbish of any kind, having regard to the condition of the Premises (including any grounds) at the commencement of the tenancy and to any subsequent improvements effected by the Landlord.

Keep the glass area inside the office suite that is exposed to the hallway, free from any unsightly boxes, cables, rubbish or miscellaneous items. A small professionally made sign is permitted, and must be on the inside of the office suite.

As soon as practicable, make good any damage to the Premises (including damage to any drains, or grounds, or other facilities provided in the grounds, or to any conduits serving the Premises or to any windows, doors, fixtures, fittings, or facilities leased with the Premises) caused by or arising from the wilful or negligent act or omission of the Tenant or of any person permitted by the Tenant to enter or to remain in the Premises, not being damage cause by fair wear and tear.

Repair and make good any damage done to the Premises during the tenancy and keep the Premises (including the Landlord’s fittings and fixtures) and all conveniences sinks drains wastes water closets pipes and grounds in a good clean tidy and sanitary condition and shall yield up the whole in like good order and condition as the same now are, fair wear and tear and damage by fires earthquake or other inevitable accident excepted (all without neglect or default by the Tenant).

At the termination of the tenancy, reinstate any alterations or additions to the premises if so requested by the Landlord and yield up the Premises in a clean and tidy condition and free from any accumulation of tins, bottles, paper, or other refuse or rubbish of any kind, having regard to the condition of the Premises at the commencement of the tenancy and to any subsequent improvements effected by the Landlord.

Permit the Landlord and all persons authorised by it at all reasonable times to enter and view the state and condition of the Premises and to execute and do such repairs or work as the Landlord may in its sole discretion deem necessary.

Pay all utilities including but not limited to telephone and internet charges within 14 days of the due date for payment.

Pay any legal costs incurred in the enforcement or attempted enforcement of any provisions of this Agreement.

Keep the Premises free of any cats, dogs, birds or other pets.

Keep the Premises occupied for the purpose specified in this Agreement and to complying all respects with all Acts, By-Laws Town Planning Ordinances and Regulations (including requisitions made thereunder) for the time being in force in the district in which the Premises are situated so far as they relate to the Premises and the Tenant’s particular use of the Premises PROVIDED THATthe Tenant shall not be liable nor be called upon to effect any structural alterations, additions or repairs to the Premises which may be required pursuant to any such Act, By-Law, or Regulation not occasioned by the Tenant’s use of the Premises and the Tenant shall obtain and keep current all licenses required in respect of the Tenant’s use of the Premises.

It is hereby expressly agreed by and between the Landlord and the Tenant that:
Where and whenever the Tenant fails to repair and maintain the Premises or omits to do anything in the manner hereinbefore provided the Landlord may itself carry out such repair or maintenance or remedy such omission and recover the cost thereof from the Tenant by action law or otherwise and in the same manner as rent in arrears.
If at any time part of the said rent shall remain unpaid for 7 days after becoming payable (whether formally demanded or not) or if any of the Tenant’s covenants herein contained or implied shall not be performed or observed of it the Tenant shall become insolvent or bankrupt then and in any case the Landlord may re-enter upon the Premises or any part thereof whereupon this tenancy shall be terminated (but without prejudice to any claims of the Landlord under this Agreement).

This tenancy shall be determined if the Premises are so damaged by fire tempest earthquake inevitable accident or act of God as in the opinion of the Landlord to render them uninhabitable or unfit for occupation for the purposes or the permitted use specified in the Schedule but any such determination shall be without prejudice to any claim for rent due or accruing due or to any claim by either party in respect of any breach of this Agreement or in respect of any act or omission by the other of them.

The Tenant shall keep the Premises secure and adhere to the security measures provided, afforded and advised from time to time by the Landlord. On termination of this Agreement the Tenant shall securely lock the Premises before vacating the Premises and shall deliver the keys of the Premises at the address for service of the Landlord by 12.00pm on the day of vacating the Premises.

If the Tenant defaults in payment of the rent or other moneys payable hereunder for fourteen (14) days then the Tenant shall pay on demand interest calculated at the rate of twenty (20) per cent per annum on the moneys unpaid from the due date of payment to the date of full payment.
(a) All areas not identified as “Suites” on the attached plan, with the exception of the “Meeting Room” are common areas for the use of all tenants of the Landlord. The Tenant shall use such facilities in a courteous manner and with due consideration for the privacy of other tenants and a working environment that is conducive to the operation of professional offices. The Tenant shall, therefore, avoid excessive noise and excessive numbers of invitees. The Landlord shall be sole judge of what is “excessive” in this instance and the Tenant shall immediately comply with any instruction, oral or written, received from the Landlord.
The Landlord may from time to time implement rules for the use of common areas and amend such rules by notice orally or in writing to the Tenant who shall fully comply with such rules at all times.
The Meeting Room as shown on the attached plan is available for use by the Tenant in common shall and in conjunction with other tenants of the Landlord. The use of the Meeting Room shall be subject to a Booking System to be implemented by the Landlord which shall be subject to such Rules as the Landlord may from time to time stipulate and amend. The Tenant shall adhere strictly to the Booking System and to these rules shall endeavour to ensure that all tenants of the Landlord have equal and reasonable access to the Meeting Room.
The Landlord may, in its discretion, elect to renew its lease of Unit 2A/ 215 Rosedale Road, Albany on or before 30 November 2011 and in such instance the tenancy created herein shall continue on the exact same terms and conditions provided that the date of termination in clause 1 shall be amended to 30 November 2015.
The Landlord shall be at liberty to transfer or assign its rights hereunder anytime.
All notices given hereunder specified as to be in writing shall be deemed duly given and served if actually given to that party, delivered by post to that party to the address for service provided in the Schedule or faxed to that party on that number provided in the Schedule.
In consideration of the Landlord entering into this Tenancy Agreement at the Guarantor’s request, the Guarantor:

(a) Guarantees payment of the rent and the performance by the Tenant of the covenants in this Tenancy Agreement; and

(b) Indemnifies the Landlord against loss the Landlord might suffer should this Tenancy Agreement be lawfully disclaimed or abandoned by any liquidator, receiver or other person.

12. The Guarantor covenants with the Landlord that:

(a) No release, delay or other indulgence given by the Landlord to the Tenant or to the Tenant’s successors or assigns or any other thing whereby the Guarantor would have been released had the Guarantor been merely a surety shall release, prejudice or affect the liability of the Guarantor as a guarantor or as indemnifier.

(b) As between the Guarantor and the Landlord, the Guarantor may for all purposes be treated as the Tenant and the Landlord shall be under no obligation to take proceedings against the Tenant before taking proceedings against the Guarantor.

(c) The Guarantee is for the benefit of and may be enforced by any person entitled for the time being to receive the rent.

(d) Should there be more than one Guarantor their liability under this Guarantee shall be joint and several.

SCHEDULE

Situation:Unit XX, 215 Rosedale Road, Albany

The Premises: Suite XX within Unit XX, 215 Rosedale Road as
depicted on the attached plan.

Permitted Use: Office Space

(subject to clause 3(b) hereof)

Rent Commencement Date: The _______ day of ___________________ 2008

Rental: Suite _____ $___________ per month plus GST

Carparks $ _____________ each per week plus GST

Internet Access $_______ per month plus GST

Landlord’s Address for Service: M175 Private Bag 300987, Albany, 0752

Fax: 09 448 1051

Rental includes outgoings but excludes telephone,

facsimile, internet charges and other sundry costs and services that may be incurred by the Tenant.

Tenants Address for Service: XX

Fax: _________________

Contact Numbers: Daytime: ____________________________

Evening: _____________________________

Carparks: Yes/No

(delete not applicable)

Furniture: XX

Swipe Cards: XX