Sei sulla pagina 1di 8


between. DJMA Commercial Center, Inc., a corporation duly organized and existing under and by virtue of the laws of the Philippines, with principal business address at Block 47 Lot 26A, Abel Nosce St., BF Resort Village, Las Pinas City represented herein by Maximo M. Dalawampu, President, hereinafter referred to as the LESSOR; -andThe Generics Pharmacy, Proprietor, represented herein by Susan E. Trajano with residential address at 44 Aventine Hills St., BF Resort Village, Las Pinas City, hereinafter referred to as the LESSEE; W I T N E S S E T H : That WHEREAS, the LESSOR is the true, lawful and registered owner of the commercial building located at Block 47 Lot 26A Abel Nosce St., BF Resort Village, Las Pias City; WHEREAS, the LESSEE desires to lease a commercial space in the said building with a gross area of about 30 square meters, situated on ground floor of the building, and the LESSOR is willing to let the same to the LESSEE; NOW, THEREFORE, for and in consideration of the foregoing premises and the conditions and stipulations hereinafter set forth, The LESSOR hereby leases unto the LESSEE that certain portion described below, under the following terms and conditions: 1. LEASED PREMISES The premises subject to this Contract (the Leased Premises) consist of a gross area of about 30 square meters, inclusive of a toilet, situated on the ground floor of the building. This lease does not extend to the exterior portion of the Leased Premises, nor to the corridors, passageways, parking spaces around or adjacent to the Leased Premises. The LESSEE hereby expressly acknowledges that the leased premises are in good and tenantable condition and agrees to keep the same in such good and tenantable condition. Any provision of law, present or future, or any stipulation in this agreement to the contrary notwithstanding, the LESSEE hereby agrees and binds himself to undertake at his exclusive expense, all repairs, necessary or otherwise, such as may be required to maintain the same in good state of repair. It is expressly agreed and understood, however, that the LESSEE shall not start or proceed with any repair work nor in any case introduce improvements or make any alterations in the leased premises without the prior written consent and approval of the LESSOR; and the parties agree that all improvements or alterations of whatever nature such as may be made thereon shall, upon completion thereof, for integral parts of the leased premises and shall not be removed therefrom, but shall belong to and become the exclusive property of the LESSOR, without any right on the part of the LESSEE to the reimbursement of the cost or value thereof.

The LESSEE further binds himself to comply with the requirements of the Fire Department and/or Government Electrician. Any violation of this provision shall make LESSEE liable for damages, which may result directly or indirectly thereform. 2. USE OF PREMISES The LESSEE expressly agrees and warrants that the leased premises shall be exclusively used for a hardware and construction supply business and for no other purpose. Should the leased premises be used for any other purpose than agreed upon, the LESSOR shall solely have the following choices to elect: (a) to rescind or terminate this Contract (b) to increase the rent, or (c) to compel the LESSEE to stop the unauthorized activity. The LESSEE shall be solely responsible for securing all the permits or licenses from the government and/or other authorities, as well as for the payment of all taxes and fees necessary for its operations. The LESSEE undertakes to furnish the LESSOR copies of the said permits and licenses or any renewal thereof within fifteen (15) days from the start of the LESSEEs business and every renewal date thereof as required by law. The LESSEE undertakes to keep the Leased Premises and the surrounding area clean, free from all pests, sanitary and in good tenable condition and repair, to be responsible for the proper disposal of litter and rubbish, and to keep all drainage pipes free and open. The LESSEE shall not inscribe, post, or in any way display any sign, notice, picture, placard, poster of any advertising matter in or about the building itself without the prior written consent of the LESSOR. The LESSEE shall not bring into or store in the leased premises any inflammable or explosive goods or materials or any article, or participate in any activity which may increase the rate of insurance of the building, or any other article(s) which the LESSOR may prohibit. The LESSEE further shall not possess, place and maintain goods, objects or materials in or about the leased premises which: (a) may injure or endanger the health and safety or others, (b) are annoying, offensive or obnoxious, (c) shock, defy or disregard decency or morality, (d) obstruct or interfere with the free movement of others, and/or (e) hinder or impair the use of the property of others. The LESSEE undertakes to operate the business on a daily basis and is not allowed to use the Leased Premises for the purpose of a dormitory or living-in of any employee or person. The LESSOR or its authorized agent shall have the right to enter the LEASED PREMISES at any time to examine or inspect the same, of for any purpose which may deem necessary, for the operation or maintenance and security of the LESSOR, its installations and other facilities, and during the last three (3) months of the Contract to exhibit the Leased Premises to prospective tenants. 3. RENTAL The rent shall commence September 01, 2011, with the immediate payment of an initial monthly rent of FOURTEEN THOUSAND PESOS (P14,000.00) plus VAT if applicable. Subsequently, the monthly rent shall be paid via 11 post dated checks, dated at the 30th of each month, each check payable to DJMA Commercial Center, Inc. and shall be for the amount stipulated above.

The rentals shall not be interrupted but shall continue to accrue even during any stoppage of the business operations of either party for any reason whatsoever, including floods, typhoon, power failure, labor disputes, strike, picketing, demonstration, riot, civil commotion or any disturbance whatsoever. The LESEE shall pay by way of penalty an amount equivalent to 2% of the monthly rental for each month of delay in the payment of rentals. Such penalties shall be cumulative and shall continue to accrue until the full amount is fully paid. Furthermore, and in addition to the foregoing, in the event the LESSEE incurs any delay in the payment of rentals for a period of thirty (30) calendar days or more, the LESSOR shall be entitled to summarily cut off all electricity, telephone, water and other utility services to the Leased Premises. In the event that this contract will be renewed or extended and mutually agreed both by the Lessor and the Lessee the rentals shall be subject to eight (8%) percent increase in every succeeding year after the first two years of occupancy. 4. Deposit Upon execution of this contract, the LESSEE shall make a cash deposit in the amount of FORTY TWO THOUSAND PESOS (P42,000.00) as guarantee for the faithful compliance by the LESEE of the terms and conditions of this Contract, and to answer, in part or in full, for damage and other liabilities or obligations of the LESSEE. Said deposit shall earn no interest and shall be returned to the LESSEE at the termination of this Contract, after the Leased Premises shall have been completely vacated and surrendered by the LESSEE to the LESSOR, less whatever expenses are incurred by the LESSOR in restoring back the Leased Premises in good and tenantable condition plus whatever outstanding obligations the LESSEE may be accountable for. It is further agreed that the deposit does not in any way relieve the LESSEE from paying the monthly rentals on their due dates, and the LESSEEs liability for any breach of this Contract shall in no way be limited to the amount of the deposit. In the event of the LESSEEs failure to comply with any of the terms and conditions of this Contract, the LESSOR may, at its option, appropriate and apply the said deposit or a part thereof as may be necessary to compensate the LESSOR for whatever expense loss or damage it may sustain on account of such breach by the LESSEE. The giving of a deposit to guarantee the payment of rentals falling due does not extinguish or novate the obligation to satisfy the same or impair the right of the LESSOR to terminate this Contract. Should the entire deposit or any part thereof be appropriated or applied by the LESSOR, whether for the payment of rental or other sums due and payable to the LESSOR by the LESEE hereunder, then the LESSEE shall, upon written demand by the LESSOR, immediately remit to the LESSOR such amount or amounts as will be sufficient to restore the said deposit to the sum required to be deposited hereunder, and the LESSEEs failure to do so within fifteen (15) calendar days after receipt of such demand shall constitute a breach of this Contract. 5. TERM OF LEASE - This Contract shall be for a period of one year, commencing on September 01, 2011 and automatically terminating on August 31, 2012. No interruption in the physical possession by the LESSEE for any reason shall serve to extend the term of this lease. The LESSOR shall be entitled to the immediate recovery of the possession of the Leased Premises upon such automatic termination, without the necessity of any previous notice or demand, or

of any judicial action for ejectment or rescission; provided, however, that the continued possession by the LESSEE of the Leased Premises for fifteen (15) calendar days or more after the said automatic termination of this Contract shall never be interpreted as implied renewal thereof, the provision of Article 1670 of the New Civil Code to the contrary notwithstanding, and no matter how long LESSEE may continue the illegal possession of the Leased Premises thereafter, LESSOR shall always retain the right to eject LESSEE pursuant to the provisions of this Contract; provided, finally, that if the LESSEE should persist in occupying the Leased Premises without any valid Lease Contract in writing after the expiration of earlier termination of this Contract, then the LESSEE shall be liable to pay the LESSOR such reasonable amount for the use and enjoyment of said Leased Premises as may be determined by the LESSOR in its sole discretion, over and above any damages. 6. TERMINATION OF CONTRACT If at the termination of this Contract, there are outstanding accounts still unpaid despite application of the deposit, the LESSEE hereby constitutes and appoints the LESSOR as its Attorney-In-Fact for the purpose of holding, restraining and keeping the LESSEEs properties and to sell the same to third parties. The proceeds of such sale shall be applied to whatever unsettled accounts, without prejudice to the rights of the LESSOR to sue for any deficiency. 7. PROHIBITION TO SUBLEASE AND TRANSFER The LESSEE shall not directly or indirectly sublease, sell assign, transfer, convey, mortgage or in any way dispose of or encumber his right under this Contract whether in whole or in part, and no right or interest thereto shall be conferred or vested in anyone other than the LESSEE. The LESSEE furthermore shall not enter into any contract or agreement with any person, association or corporation in joint venture or partnership or any other arrangement of any nature whatsoever whereby said third party will be allowed to occupy of transact business in the Leased Premises. Any such contract or agreement entered into in violation of this clause shall be null and void. 8. LESSEES RESPONSIBILITY FOR UTILITIES The LESSEE shall be responsible for the payment of all utilities, such as but not limited to: water, electricity, telephone, garbage and homeowners dues. In cases where the utility contract is in the name of the LESSOR, such as for electricity and water, the LESSEE shall pay the actual consumption of the electricity and water directly to the LESSOR based on the separate meter reading and/or the actual bill presented by the utility provider, immediately upon demand by the LESSOR. In cases where the service or utility provided is not separately identifiable, in which case this being considered as common utilities, the LESSEE shall pay the LESSOR based on an amount prorated among the LESSEEs as determined solely by the LESSOR. In no case shall the LESSEE hold the LESSOR liable for the unavailability, interruption or quality of the water, electricity or any other utility that may be used or needed by the LESSEE. 9. LESSEES EMPLOYEES The LESSEE shall provide the LESSOR with the list of the names of all its employees which are to be updated whenever a change occurs within a period of five (5) calendar days without need for demand by the LESSOR; and other information on said employees as may be required by the

LESSOR. It is hereby agreed and understood that the employees of the LESSEE are not in any way employees of the LESSOR. However, in case any one of the employees of the LESSEE are found by the LESSOR to be unfit and/or undesirable, the LESSEE expressly agrees to replace said employee within five (5) calendar days from written notification by the LESSOR. 10. INJURY, LOSS OR DAMAGE The LESSEE hereby assumes full responsibility for any damage, loss, or injury which may be caused to any person or third party of his property while remaining in any part of the Leased Premises, and further binds itself to hold the LESSOR free and harmless from any such claim for injury or damage. The LESSOR shall also not be responsible for any injury or damage done occasioned by or arising from, plumbing, gas, electricity, water and/or other pipes, or the bursting, breaking, explosion or destruction of any cistern, tank, wash stand, water closet, or waste pipe in, above, upon or about said Leased Premises; or any injury or damage arising from acts or negligence of the LESSEE or his agents, employees, customers, representatives or other related persons. The LESSEE hereby agrees to be liable and be responsible for any and all loss, injury, or damage caused by or due to the acts or omissions by him or any of his staff or employees. 11. PRESUMPTION OF ABANDONMENT The LESSOR shall have the right to repossess the Leased Premises and exercise its right of ownership, including the right to forfeiture of the deposit, in case the Leased Premises is closed, deserted, vacated for a continuous period of fifteen (15) calendar days during the period of lease. It is expressly understood that the LESSOR shall not incur any civil or criminal liability in case it exercises its right under this clause. 12. INSURANCE The LESSEE shall purchase, pay all premiums and maintain current at its own expense during the entire term of this lease and of any extensions or renewals thereof, policies of insurance underwritten by a company or companies acceptable to the LESSOR providing insurance coverage for the protection of the LESSOR, LESSEE and all third parties against injuries, losses, damages that may be caused by persons, things, or properties under the custody or control of the LESSEE. The LESSOR shall have right to first approve all insurance policies proposed by the LESSEE before the same are obtained. Any insurance policy obtained by the LESSEE must name both the LESSEE and the LESSOR as JOINTLY INSURED and the LESSEE must provide the LESSOR a duplicate copy of the insurance policy and official receipt within thirty (30) calendar days after entering into the possession of the Leased Premises. It shall be the sole responsibility of the LESSEE to comply with all the terms and conditions of the insurance policy and shall not commit or omit any act that would invalidate the same. 14. REPAIRS AND IMPROVEMENT. The Lessee shall not introduce any permanent alteration, addition, or improvement on the leased premises which cannot be removed without destroying or defacing the premises without the previous written consent of the Lessor. Should the consent be given, the same shall become property of the Lessor upon the termination of the lease without any right of reimbursement of the cost to the Lessee.

15. SURRENDER OF LEASED PREMISES The LESSEE, at the end of the term of this lease will promptly deliver the said premises to the LESSOR in as good and tenantable condition, in all respects, as it was at the start of the lease, devoid of all occupants, furniture, articles and effects of any kind. In case the LESSEE fails or is unable to comply with provision, the LESSEE hereby expressly appoints the LESSOR as his duly authorized Attorney-In-Fact with full power and authority to open, enter and take full possession of the Leased Premises and take inventory of the LESSEEs equipment, furniture, articles, effects, merchandise, etc. and to place the same in the LESSORs warehouse for safekeeping. In case the LESSEE fails to claim said equipment furniture, articles, effects, merchandise, etc. and/or liquidate all his liabilities with the LESSOR within fifteen (15) calendar days from the end of the term of this lease, to whatever indebtedness LESSEE has to the LESSOR plus reasonable expenses including storage fees incurred by the LESSOR in connection therewith and the balance, if any, shall be given to the LESSEE. LESSOR shall not incur civil and/or criminal liability by exercising its rights granted under this provision. The rights granted to the LESSOR in this clause may be exercised by the LESSORs authorized representative, without incurring any civil and/or criminal liability whatsoever. 16. PRE-TERMINATION - The Lessee may pre-terminate the lease agreement by giving written notice to the LESSOR at least thirty [30] days prior to the intended termination of this agreement. For this purpose, LESSEE shall be liable to the LESSOR for payment of two [2] months rental by way of penalty. 17. SECURITY The LESSOR will provide security guard for the building. For this purpose an additional Seven Hundred Pesos (P 700.00) shall be paid by the LESSEE to the LESSOR every 30th of the month as share of payment for the security guard who will watch the building daily from 7pm to 6am. 18. SPECIAL POWER TO LESSOR The LESSEE hereby expressly agrees to all the provisions stipulated, as well as other covenants, and that this Contract shall be considered automatically terminated and canceled should the LESSEE violate any of the provisions of this Contract or fail to pay rentals due therein within the time herein provided or become insolvent or a petition for the insolvency has been filed in the a court against the LESSEE. In any event, the LESSEE hereby constitutes and appoints the LESSOR as its Attorney-In-Fact for the purpose of holding, restraining and keeping the LESSEEs properties and to sell the same to third parties or to the LESSOR itself. The proceeds of such sale shall be applied to whatever obligations the LESSEE might then be owing to the LESSOR. Furthermore, the LESSOR is also empowered with the authority to close, shut and/or padlock the Leased Premises, even without court order, and without incurring any civil and/or criminal liability. The right granted under this provision shall be without prejudice to the rights of the LESSOR to sue the LESSEE for any deficiency. 19. MISCELLANEOUS PROVISIONS: Venue of all actions arising from or in connection with this Contract shall be the proper courts of Las Pinas City, all other venues being expressly waived. The failure of the LESSOR to insist upon the strict performance of any of the terms, covenants and conditions hereof shall not be deemed as relinquishment or waiver of any rights or remedy that said LESSOR may have nor shall it be construed as waiver of any subsequent breach or default but such terms, covenants and conditions shall continue to be in full force and effect. No waiver by

the LESSOR or any of its rights under this Contract shall be deemed to have been made unless expressed in writing and signed by the LESSOR. This Contract may not hereafter be modified or altered except by instruments in writing duly signed by the parties hereof. In case any provision of this Contract is declared null and void by the court of competent jurisdiction, the other provisions hereof not so declared shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands this _____________ day of August, 2011 at _____________________, Philippines DJMA COMMERCIAL CENTER, INC. GENERICS PHARMACY (LESSOR) (LESSEE) By: _____________________________ ________________________________ MAXIMO M. DALAWAMPU President TRAJANO President SIGNED IN THE PRESENCE OF: ___________________________ ________________________________ THE



ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) ________________________) S.S. BEFORE ME, a Notary Public for and in _____________________________, Philippines, this ____________ day of January, 2011 personally appeared: MAXIMO M. DALAWAMPU, in his capacity as President of DJMA COMMERCIAL CENTER, INC. with his Drivers License No. N03-89-083454 expiring on May 16, 2013. Susana E. Trajano, in her capacity as President of The Generics Pharmacy with her Residence Certificate No. 09429768 issued January 13, 2011. all known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their own free voluntary act and deed, as well as the free and voluntary act and deed of the corporations they respectively represent.

This instrument pertains to a Contract of Lease for the aforementioned Leased Premises on Gound Floor of DJMA Commercial Center located at Block 47 Lot 26A Abel Nosce St, B.F.Resort Village, Las Pinas City. WITNESS MY HAND AND SEAL on the date and at the place first above written.

NOTARY PUBLIC Doc. No. _______________; Page No._______________; Book No._______________; Series of 2011