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Model Green Lease
Table of Contents Background: Created after a year of work by a group of savvy, commercial real estate professionals Brings the green building movement to the economic center of commercial real estate – the lease agreement between the landlord and tenant Crafted by a task force of attorneys, real estate brokers, corporate tenants, landlords, and green building consultants from both sides of the negotiating table with experience having negotiated thousands of office building leases. The Goals: Create a lease document that encourages green office buildings, maximizes the return on investment for green buildings, and provides a healthy and productive workplace. Unbiased - written to balance the financial and operational needs of landlords, tenants, lenders and investors. Coverage: IAQ, energy use, carbon credits, water consumption, recycling, green cleaning specifications, insurance, commissioning, operating costs, tenant improvements, and building regulations in new or existing building or complete a lease on an office building that for various reasons may not be seeking certification. Requirement: An annual Environmental Performance Report consistent with ASHRAE, Energy Star, Green Globes, and LEED. Task Force Members Why a Master Green Lease Benefits in detail What you receive A ZIP file containing: Model Green Lease – PDF Model Green Lease – Word (editable) Model Green Lease Reference Guide To save the ZIP file: 1. After completing the purchase, click the link on the receipt page 2. A file download box will appear 3. Click -FILE- 4. Click -SAVE AS- So you can find the file again, we suggest saving the file to your desktop. If you need to search for the file after you have downloaded it, the file is titled MGL_Download_2009_07_13.zip Our Price: $89.95
I have reviewed and agree to the end user terms END USER LICENSE AGREEMENT IMPORTANT – READ CAREFULLY BEFORE DOWNLOADING OR COPYING TO YOUR COMPUTER ANY FILE(S) CONTAINED HEREWITH. THE MODEL GREEN LEASE© AND OTHER INFORMATION PROVIDED HEREWITH ARE COPYRIGHTED. BY DOWNLOADING ANY FILE PROVIDED HEREWITH TO YOUR COMPUTER, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PRIOR TO DOWNLOADING OR COPYING TO YOUR COMPUTER ANY FILES(S), YOU MUST DECLINE ACCESS TO SUCH MATERIALS. 1. GRANT OF LICENSE: Subject to the provisions contained herein and to the payment of all applicable fees, Buonicore Partners, LLC (BP) grants you a non¬exclusive, non-transferable license to the documents contained herewith (“Product”) as listed in Appendix “A”. Your licensed rights to the Product are limited to the following: (a) This License Agreement does not convey to you an interest in or to the Product, but only a limited right of use revocable in accordance with the terms of this License Agreement. (b) You may install one copy of the Product on, and permit access to it by, a single computer owned, leased or otherwise controlled by you. In the event that computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. You shall not merge, adapt, translate, modify, rent, lease, sell, sublicense, assign or otherwise transfer any of the Products, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes. (c) You acknowledge and agree that the Product is proprietary to the Copyright holder, The Real Estate Design and Management Institute; (“CRDMI”) identified on the front page of the Product, and is protected under U.S. copyright law and international copyright treaties. You further acknowledge and agree that all right, title and interest in and to the Product, including all intellectual property rights, are and shall remain with CRDMI. (d) You shall provide BP or any designee of BP with all information necessary to assure compliance with the terms of this Agreement. In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties and CRDMI, you shall use your best efforts to cooperate with BP and any of its designees to assure compliance. (e) Provided under the terms of this license is a copy of the Product in Microsoft Word format (“The “Document”) provided solely to facilitate the use of the Product in drafting a lease for use by the End User. All other terms of this Grant of License and the Limited Warranty in Section 2 apply to The Document. 2. LIMITED WARRANTY: (a) BP warrants for your benefit alone that, unless disclosed in the Product or the Document to the contrary, BP and CRDMI can license the Product and the Document and all copyright and trademarks related thereto or therein. (b) THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 2 CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCT OR THE DOCUMENT AND BP AND THE CRDMI MAKE NO OTHER REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO ANY OF THE PRODUCT OR THE DOCUMENT, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE SUFFICIENCY, ACCURACY OR UTILIZATION OF, OR ANY INFORMATION OR OPINION CONTAINED OR REFLECTED IN, ANY OF THE PRODUCT OR THE DOCUMENT. BP AND THE CRDMI EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OFFICER, DIRECTOR, EMPLOYEE, MEMBER, AGENT, REPRESENTATIVE OR PUBLISHER OF THE COPYRIGHT HOLDER IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY. 3. INDEMNIFICATION: CRDMI, BP, any agent, representative, publisher or distributor of the Product, or any of their respective directors, officers, employees, agents, representatives or members (“BP and CRDMI Indemnified parties") shall have no liability for, and you shall defend, indemnify and hold each of BP and CRDMI Indemnified third parties harmless from and against, any claim, loss, demand, liability, obligation and expenses (including reasonable attorneys' fees) based upon or arising out of any injury or damage, or any product liability claim, including but not limited to, any personal or bodily injury or property damage, arising out of, pertaining to, or resulting in any way from, the use or possession of any of the Product and/or the Document by you and/or any of your directors, officers, employees, representatives, agents or contractors. 4. LIMITATION OF LIABILITY: a) You acknowledge that each of BP and CRDMI obligations and liabilities with respect to the Product and The Document are exhaustively defined in this Agreement. You are responsible for the consequences of any use of the Product and/or the Document (whether or not such use was consistent with the license granted hereunder) created there from. Whether or not BP or CRDMI have been advised of their possibility, neither BP nor CRDMI nor any of its representatives or agents, directors, officers, employees, agents, representatives or members, shall be liable, whether under contract, tort (including negligence) or otherwise, for any indirect, special, punitive, incidental or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, that may be suffered by you or any of your directors, officers, employees, agents, representatives or contractors or any third party. (b) If at any time an allegation of infringement of any rights of any third party is made, or in the opinion of BP or CRDMI is likely to be made, with respect to any of the Product and/or the Document, BP may, at its option and at its own expense (i) obtain for you the right to continue using the Product and/or the Document, (ii) modify or replace the Product and/or the Document or any portion thereof so as to avoid any such claim of infringements, or (iii) refund to you the License Fee. BP shall have no liability to you if any claim of infringement would have been avoided except for your refusal to use any modified or replacement Product and or Document supplied or offered to be supplied pursuant to this Section 4(b) or to otherwise cease using the Product. Notwithstanding anything contained in this Agreement, and except as set forth in Section 4(b) hereof, BP and/or CRDMI’s liability to you for damages pursuant to this Section 4(b), if any, shall not exceed the amounts of the License Fee paid by you for the Product and the Document subject to any such claim. (c) Section 4(b) states the entire liability of BP and CRDMI with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the Products. 5. TERMINATION: This Agreement may be terminated immediately by CRDMI or BP upon breach of any provision of this Agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the Product and/or Document and shall within ten (10) days either return files(s) on diskette(s), if any, to BP or certify in writing to BP that the Product and/or Document has been deleted from your computer and is eliminated from your premises. 6. GOVERNING LAW; ATTORNEY'S FEES: This Agreement shall be governed by the laws of the State of Massachusetts without reference to its conflict of laws provisions and you further consent to jurisdiction by the state and federal courts sitting in the State of Massachusetts. 7. MISCELLANEOUS: This Agreement constitutes the complete and exclusive agreement between BP and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorized representative of BP and you. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement. 8. EXPORT: You may not load or export or re-export any of the Product and or the Document or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. BY ACCESSING THE PRODUCT AND THE DOCUMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

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