CONSENT TO SUBLEASE
KNOW ALL MEN BY THESE PRESENTS:
This Consent to Sublease (the "Agreement") is made and executed this ________ day of ________, 20________, at City/Municipality of ________, Province of ________, by and between:
________, Filipino, of legal age, single, with postal address at ________, hereinafter referred to as the LESSOR;
- and -
________, Filipino, of legal age, single, with postal address at ________, hereinafter referred to as the SUBLESSOR;
- and -
________, Filipino, of legal age, single, with postal address at ________, hereinafter referred to as the SUBLESSEE.
(The Lessor, the Sublessor, and the Sublessee are hereinafter collectively referred to as the "Parties" and each individually as a "Party.")
WITNESSETH: That —
WHEREAS, the Lessor and the Sublessor entered into a Contract of Lease, a copy of which is hereto attached and made an integral part hereof as Annex "A", dated ________, covering the following property (the "Property"): ________, located at ________;
WHEREAS, the Sublessor and the Sublessee have entered into a Contract of Sublease dated ________, a copy of which is hereto attached and made an integral part hereof as Annex "B";
WHEREAS, pursuant to Article 1650 of the Civil Code of the Philippines and the terms of the Contract of Lease, the express written consent of the Lessor is required for the sublease of the Property;
NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants and stipulations hereinafter set forth, the Parties hereby agree as follows:
Art. I. CONSENT
The Lessor hereby grants his/her/its express written consent to the sublease of the Property, subject to the terms and conditions of this Agreement, the Contract of Lease (Annex "A"), and the Contract of Sublease (Annex "B"). Such consent is limited to the sublease herein described and shall not be construed as authorization for any further or subsequent sublease or assignment of the Property.
Art. II. SUBLEASE AGREEMENT
The Sublessor and the Sublessee jointly and severally warrant that the Contract of Sublease attached hereto as Annex "B" is a true, complete, and correct copy thereof, and that the same shall not be amended, modified, or supplemented without the prior written consent of the Lessor, which consent shall not be unreasonably withheld, conditioned, or delayed.
Art. III. USE OF THE PROPERTY
The Sublessee shall use the Property solely for the purpose intended under the Contract of Lease and shall faithfully comply with all the terms, conditions, and covenants of the Contract of Lease applicable to the use, occupancy, and preservation of the Property.
Art. IV. NO WAIVER; CONTINUING LIABILITY
Nothing in this Agreement shall release or discharge the Sublessor from any of its obligations under the Contract of Lease, and the Sublessor shall remain primarily and fully liable to the Lessor for the faithful performance of all such terms and conditions, notwithstanding any breach by the Sublessee.
In the event of breach by the Sublessor, the Lessor reserves the right to pursue any and all remedies available under the Contract of Lease and under the law, regardless of the Sublessee's compliance with this Agreement or the Contract of Sublease.
Any breach by the Sublessee of the terms and conditions of the Contract of Lease shall be deemed a breach by the Sublessor.
Art. V. SUBORDINATION TO THE LEASE
The Contract of Sublease is, and shall at all times remain, subject and subordinate to the Contract of Lease, except as may be expressly provided otherwise in this Agreement.
Art. VI. ASSIGNMENT AND FURTHER SUBLEASE
The Sublessee shall not assign, transfer, encumber, or further sublease the Property, in whole or in part, without the prior written consent of the Lessor.
Art. VII. TERMINATION OF THE LEASE
The Sublease shall terminate upon the termination of the Contract of Lease for any cause whatsoever. Should such termination result from the default of the Sublessor, the Lessor shall notify the Sublessee of the early termination by written notice within Fifteen (15) Calendar Days from the date of termination of the Contract of Lease.
In such event, the Sublessee shall have the option to enter into a direct lease with the Lessor, provided that the Sublessee is not then in default under the Contract of Sublease. The terms of such direct lease shall be the same as those of the Contract of Lease. The Sublessee may exercise this option by written notice to the Lessor within Seven (7) Calendar Days from receipt of the notice of termination.
The period of the direct lease shall commence on the date of termination of the Contract of Lease. Should the Sublessee fail to give such notice within the prescribed period, the Sublessee shall be deemed to have waived the option to enter into a direct lease, and the Sublease shall terminate immediately.
Art. VIII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS
The Parties agree to execute and deliver such other documents and to perform such further acts as may be reasonable and necessary for the proper implementation of this Agreement.
Art. IX. NOTICES
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Art. X. GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of the Philippines, including the pertinent provisions of the Civil Code of the Philippines.
Art. XI. DISPUTE RESOLUTION AND VENUE
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, or termination, shall first be settled amicably by the Parties. In the event the Parties fail to reach an amicable settlement, the dispute shall be submitted to the exclusive jurisdiction of the proper courts of ________, to the exclusion of all other venues.
Art. XII. SEVERABILITY
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Art. XIII. CUMULATIVE RIGHTS
The rights of the Parties under this Agreement and under the law are cumulative and shall not be construed as exclusive unless otherwise required by law.
Art. XIV. HEADINGS
The headings used in this Agreement are for convenience of reference only and shall not affect the interpretation of any provision hereof.
Art. XV. ENTIRETY OF AGREEMENT
This Agreement, together with its Annexes, represents the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written, relating to the subject matter hereof.
Art. XVI. AMENDMENTS AND MODIFICATIONS
This Agreement may be amended only by a written instrument signed and agreed upon by all the Parties.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.
________
Lessor
________
Sublessor
________
Sublessee
SIGNED IN THE PRESENCE OF:
________ ________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________ )
CITY OR MUNICIPALITY OF ________ ) S.S.
BEFORE ME, a Notary Public for and in the City/Municipality of ________, Province of ________, this ________ day of ________, 20________, personally appeared the following persons:
1. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________;
2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________;
3. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________.
All known to me and to me known to be the same persons who executed the foregoing Consent to Sublease, and they acknowledged to me that the same is their free and voluntary act and deed, as well as that of the entities they respectively represent, if any.
This instrument, consisting of ________ pages, including this page on which the acknowledgment is written, and signed by the Parties and their instrumental witnesses on each and every page thereof, refers to a Consent to Sublease.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place above written.
________
NOTARY PUBLIC
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.