Agreed term the initial term the lease shall begin the day

BSB40320 Certificate IV in Entrepreneurship and New

BSBESB402 Establish legal and risk management requirements of new business ventures

Assessment Number: 36255/03
Assessment Type: Practical
Student name:
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Instructions to the learner

This assessment 36255/03is the 3rdof 3 assessments of BSBESB402 Establish legal and risk management requirements of new business ventures. Once you feel confident that you have covered the learning materials for this unit, you are ready to attempt this assessment.

[Student number] _ [assessment number].type of file

For example, 12345678_32578_01.docx

Uploading video answers

 You can create your video using a mobile device or laptop. You can set up the device yourself or ask a friend or colleague to help with the video recording. Before you start recording your video, please look at the .

 Do not press ‘Submit’ until you have included all videos, consent forms and the completed portfolio. If you press submit, it will alert the assessor to mark your assessment. This means that, if you have not yet included all the required evidence,

When you are ready to submit your assessment, upload the file to OpenSpace using the Assessment Upload links in the relevant module of your course. If document file sizes are large or you are submitting many documents, please review this video on how to reduce file sizes and upload them into Open Space. The ‘Support’ tab provides further assistance. Uploading assessments to OpenSpace will enable Open Colleges to provide you with the fastest feedback and grading on your assessment.

It is important that you keep a copy of all electronic and hardcopy assessments submitted to Open Colleges.

 assess your competence as required by the unit of competency and by making judgments about the evidence you have presented in line with the rules of evidence – validity, authenticity, currency, and sufficiency

Assessment 3: Required Outcomes
The student must complete and submit the following.

Assessment 2

PART ONE: Legislative and Regulatory requirements

Most commonly this system would be a monthly checklist.

a. Create a Monthly Checklist for your own business (current or future). Template (Appendix D) or create your own but you must have at least four (4) items per category.

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Business Risk

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PART TWO: Role Play/ Negotiating Contracts

Checklist

Part B: Role Play

Appendix A: Role Play Instructions – to be updated

 For this activity, you will need to arrange for one (1) other participant

 The participants may have their cameras on or off. You will need to have your camera on.

 There must be evidence of their interaction with you during the presentation to establish the

Before you start recording your video, please look at the OpenSpace video function by clicking on for instructions.

Please remember:

 Consent: Generally,participating in the video implies consent from the participants. However, please explain before your presentation that the video will be sent to Open Colleges for
assessment purposes. Advise the participants/team members that if they have any concerns or objections to potentially being recognised in the video by others, they are not obliged to participate.

You can do this by requesting that they verbally state their name and confirm they agree to the consent statement below at the beginning of your recording.

Commercial Lease Agreement
This Commercial Lease Agreement (Lease) is entered into on this ______ day of _________, 20____, by and between: _____________________- _ (Landlord) and ______________ (Tenant).

The Landlord is the owner of land and improvements whose address is:
_________________________________________________________________ The Landlord makes available for lease a portion of the Building designated as ________________________ Leased Premises).

Prohibited Uses
Notwithstanding the forgoing, the Tenant shall not use the Leased Premises for the purposes of storing, manufacturing, or selling any explosives, flammables, or other inherently dangerous substance, chemical, thing or device.

Sublease and Assignment
The Tenant shall have the right without the Landlord’s consent, to assign this Lease to a business with which the Tenant may merge or consolidate, to any subsidiary of the Tenant, to any corporation under common control with the Tenant, or to a purchaser of substantially all of the Tenant’s assets. Except as set forth above, the Tenant shall not sublease all or any part of the Leased Premises or assign this Lease in whole or in part without the Landlord’s consent, such consent not to be unreasonably withheld or delayed.

Insurance
If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act of negligence by the Tenant or by any of the Tenant’s agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and the Tenant shall be responsible for the costs of repair not covered by insurance.

The Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amount as the Landlord shall deem appropriate. The Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all its personal property, including removable trade fixtures, located in the Leased Premises. The Tenant and the Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the activities of each in the Building with the premiums thereon fully paid on or before due date. Such insurance policy shall be issued by and binding upon an insurance company approved by the Landlord and shall afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. The Tenant shall provide The Landlord with current Certificates of Insurance evidencing the Tenant’s compliance with this Paragraph.

During the term of this Lease, the Tenant shall have the non-exclusive use in common with The Landlord, other Tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by The Landlord. The Landlord reserves the right to designate parking areas for the Tenant and the Tenant’s agents and employees. The Tenant shall provide the Landlord with a list of all licence numbers for the cars owned by the Tenant, its agents, and employees.

Building Rules
The Tenant will comply with the rules of the Building adopted and altered by The Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by the Landlord to the Tenant in writing. The initial rules for the Building are attached hereto as Exhibit ‘A’ and incorporated herein for all purposes.

Quiet Possession
The Landlord covenants and warrants that upon performance by the Tenant of its obligations hereunder, The Landlord will keep and maintain the Tenant in exclusive, quiet, peaceable, and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease.

Condemnation
If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and the Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority.

Following any such application of the Security Deposit, the Tenant shall pay to the Landlord on demand the amount so applied to restore the Security Deposit to its original amount. If the Tenant is not in default at the termination of this Lease, the Landlord shall return the balance of the Security Deposit remaining after any such application to the Tenant.

Notice
Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by Australia Post certified mail, return receipt requested, addressed as follows:
Landlord: _______________________________________________________________
Tenant: _________________________________________________________________
The Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.

Consent
The Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which the Landlord’s consent is required or desirable under this Lease.

Performance
If there is a default with respect to any of the Landlord’s covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from the Tenant to the Landlord specifying the default, the Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing instalment or instalments of rent payable hereunder until the Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lesser of _ _Per Cent (%) per annum or the then highest lawful rate. If this Lease terminates prior to the Tenant’s receiving full reimbursement, Landlord shall pay the un-reimbursed balance plus accrued interest to Tenant on demand.

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