The Amended And Restated Lease agreement is a sophisticated legal instrument used in Canadian real estate transactions when parties need to substantially modify an existing lease while maintaining certain original provisions. This document type is particularly valuable when dealing with significant changes to commercial or residential lease terms, such as rent adjustments, premise modifications, or term extensions, where simply adding another amendment would create unnecessary complexity. It consolidates the original lease and all subsequent amendments into a single, comprehensive document that supersedes previous versions while preserving the continuous nature of the landlord-tenant relationship. The agreement must comply with relevant provincial property laws and federal regulations, making it essential to include specific Canadian legal requirements regarding property rights, tenant protections, and contractual obligations. It's commonly used in commercial real estate transactions, corporate relocations, or when updating lease terms to reflect current market conditions or changed circumstances between the parties.
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1. Parties: Identification of landlord and tenant with full legal names and addresses
2. Background: Recitals explaining the original lease date, reason for amendment and restatement, and current status
3. Definitions: Key terms used throughout the lease, including specific definitions from the original lease that are being carried forward
4. Effect of Amendment and Restatement: Clarifies relationship with original lease and specifies which provisions are being amended vs. restated
5. Demised Premises: Description of the leased property and any modifications to the original premises
6. Term and Renewal: Duration of lease, commencement date, and any renewal options
7. Rent and Additional Rent: Base rent, operating costs, utilities, and other financial obligations
8. Use of Premises: Permitted uses and restrictions on use of the property
9. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance, repairs, and improvements
10. Insurance and Indemnification: Required insurance coverage and indemnification obligations
11. Default and Remedies: Events of default and available remedies for both parties
12. Assignment and Subletting: Rights and restrictions regarding transfer of lease interests
13. Notices: Process and addresses for formal communications between parties
14. General Provisions: Standard boilerplate provisions including governing law, severability, and entire agreement
1. Environmental Matters: Required for industrial or environmentally sensitive properties, covering compliance and liability
2. Operating Covenants: For retail leases, specifying required hours of operation and other operational requirements
3. Tenant Improvements: When significant renovations or improvements are planned
4. Security Deposit: If a security deposit or other security is required
5. Parking: For properties with parking facilities, detailing allocation and rules
6. Signage Rights: Important for retail or commercial properties requiring exterior signage
7. Covid-19 Provisions: Addressing specific pandemic-related obligations and accommodations
8. Green Building Requirements: For buildings with environmental certifications or sustainability requirements
1. Schedule A - Floor Plan: Detailed plan showing the leased premises and common areas
2. Schedule B - Original Lease: Copy of the original lease being amended
3. Schedule C - Rent Schedule: Detailed breakdown of rent payments including escalations
4. Schedule D - Operating Costs: Definition and calculation of recoverable operating costs
5. Schedule E - Rules and Regulations: Building rules and regulations
6. Schedule F - Tenant Improvement Specifications: Details of any approved tenant improvements
7. Schedule G - Service Level Standards: Standards for building services and maintenance
8. Appendix 1 - Summary of Amendments: Detailed list of all changes from original lease
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