Lessee’s Rights and Obligations. 6.1. The Lessee shall: 6.1.1. Timely make the Lease Payment and any other payments in accordance with the Agreement conditions. 6.1.2. Use the Premises solely in accordance with their intended purpose. Meet the requirement of the Complex Rules set by the Lessor and described in Appendix No. 5 to the Agreement related to possession and use of the Premises. In case of any discrepancies between the Agreement provisions and the Complex Rules, the Agreement provisions shall prevail. 6.1.3. During the whole Lease Period keep in good working order and provide for uninterrupted functioning and maintenance of the Lessee’s Equipment and utilities in accordance with the Certificate of Delineation of Operational Responsibility (Appendix No. 3 to the Agreement) in the condition required for their normal operation in accordance with the intended purpose. Independently or with engagement of third parties carry out repair of damaged equipment and utilities with its operational responsibility according to the Certificate of Delineation of Operational Responsibility. 6.1.4. Keep the premises in the normal operating condition, carry out current repair of the Premises using its own efforts and at its cost. Current repair shall include the works for elimination of minor damages and failures in the Premises within the Lessee’s operational responsibility. 6.1.5. The Lessee shall meet the following requirements: - open the dock gates after placement of a vehicle into the dock shelter and close it upon the end of loading and unloading. - load and unload goods using vehicles whose size suits for the dock shelter opening. - do not clutter, do not block the ventilation duct outlets and heating radiators 6.1.6. The Lessee shall be responsible for the technical condition, observance of the safety rules and operation of power units, process pipelines and other utility equipment within its operational responsibility in accordance with the Certificate of Delineation of Operational Responsibility. 6.1.7. Comply with the sanitary standards and rules of the Russian Federation, including the waste handling rules. The Lessee shall bear sole liability for violation of this obligation. 6.1.8. Ensure security of electrical, heating, water, sewerage, and other utilities and their equipment within its operational responsibility. 6.1.9. Do not store in the Premise any substances whose circulation is prohibited in the Russian Federation. Compensate the Lessor and other lessees any direct losses confirmed by documents having arisen out of the circumstances described in this Clause. Hereinafter the losses shall mean the expenses incurred or to be incurred by the person whose right has been breached for reinstatement of its breached right, loss or damage to its property (real damage) confirmed by documents. 6.1.10. In order to inspect and check the condition of the Premises, Utilities, Equipment or other parts of the Building, the Lessee shall provide access to the premises to the Lessor. The Lessee shall provide access to the Premises in accordance with the list of
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Lessee’s Rights and Obligations. 6.1. The Lessee shall:
6.1.1. 6.1.1 Timely make the Lease Payment and any other payments in accordance with the Agreement conditions.
6.1.2. 6.1.2 Use the Premises solely in accordance with their intended purpose. Meet the requirement of the Complex Rules set by the Lessor and described in Appendix No. 5 to the Agreement related to possession and use of the Premises. In case of any discrepancies between the Agreement provisions and the Complex Rules, the Agreement provisions shall prevail.
6.1.3. 6.1.3 During the whole Lease Period keep in good working order and provide for uninterrupted functioning and maintenance of the Lessee’s Equipment and utilities in accordance with the Certificate of Delineation of Operational Responsibility (Appendix No. 3 to the Agreement) in the condition required for their normal operation in accordance with the intended purpose. Independently or with engagement of third parties carry out repair of damaged equipment and utilities with its operational responsibility according to the Certificate of Delineation of Operational Responsibility.
6.1.4. 6.1.4 Keep the premises in the normal operating condition, carry out current repair of the Premises using its own efforts and at its cost. Current repair shall include the works for elimination of minor damages and failures in the Premises within the Lessee’s operational responsibility.
6.1.5. 6.1.5 The Lessee shall meet the following requirements: - • open the dock gates after placement of a vehicle into the dock shelter and close it upon the end of loading and unloading. - • load and unload goods using vehicles whose size suits for the dock shelter opening. - • do not clutter, do not block the ventilation duct outlets and heating radiatorsradiators • do not clutter the evacuation paths and exits with foreign objects (goods, containers, garbage, etc.) • do not clutter access ways to the firefighting equipment (fire cabinets, control units of the fire protection systems)
6.1.6. 6.1.6 The Lessee shall be responsible for the technical condition, observance of the safety rules and operation of power units, process pipelines and other utility equipment within its operational responsibility in accordance with the Certificate of Delineation of Operational Responsibility.
6.1.7. Comply with 6.1.7 Observe the sanitary standards and rules of the Russian Federation, including the waste handling rules. The Lessee shall bear sole liability for violation of this obligation.
6.1.8. 6.1.8 Ensure security of electrical, heating, water, sewerage, and other utilities and their equipment within its operational responsibility.
6.1.9. 6.1.9 Do not store in the Premise any substances whose circulation is prohibited in the Russian Federation. Compensate the Lessor and other lessees any direct losses confirmed by documents having arisen out of the circumstances described in this Clause. Hereinafter the losses shall mean the expenses incurred or to be incurred by the person whose right has been breached for reinstatement of its breached right, loss or damage to its property (real damage) confirmed by documents.
6.1.10. 6.1.10 In order to inspect and check the condition of the Premises, Utilities, Equipment or other parts of the Building, the Lessee shall provide access to the premises to the Lessor. The Lessee shall provide access to the Premises in accordance with the list of persons submitted by the Lessor who shall be accompanies by the Lessee’s representatives. Any amendments to this list may be introduced in accordance with the procedure provided for in Clause 7.2.4 of the Agreement. In any other cases the Lessee shall provide access to the Premises to the Lessor at a reasonable time within the timelines specified below (except emergencies/accidents when no such notice is required) and subject to observance of the Lessee’s Safety Procedures for the purpose of:
a) allowing potential lessees or buyers of the Premises, the Building and/or the Warehouse Complex or actual or potential lenders of the Lessor to conduct inspection. In this case a notice shall be forwarded to the Lessee at least one (1) business day before the assumed date of the visit. However, the Lessor may visit the Premises twice a week or less frequently from 8 a.m. to 8 p.m. and the number of the visitors may not exceed three persons, unless otherwise agreed by the Parties;
b) current repair, service, and maintenance, changing, installation of connection to any Utilities of the Building and/or the Premises as well as repair, service, and maintenance of the Building when such activities are required to ensure due condition of the Building, the Utilities, the Equipment, and the Premises. The Lessor shall inform the Lessee at least one (1) business day before the start of the works, except emergencies, and the Lessee shall accept the date suggested by the Lessor or shall agree other date acceptable for both the Parties for performance of such works.
c) preventive/routine maintenance (with indication of the need for such preventive/routine maintenance). The Lessor shall inform the Lessee at least one (1) business day before the start of the works and the Lessee shall accept the date suggested by the Lessor or shall agree other date acceptable for both the Parties for performance of such works.
d) discharge of any other duties or exercising any of the Lessor’s rights under the Lease Agreement. When exercising its access right the Lessor shall not cause any inconveniences or disturbance for the Lessee and shall discharge its duties as a result of being provided access to the Premises within a short (objectively required) period. Prior to conducting any works which limit or stop normal operations of the Lessee, the Lessor shall agree upon the date, the starting time, and the duration of the works. The Lessor may not be unreasonably denied access to the Premises. In case the Lessee has denied the Lessor access to the Premises, the Lessor shall repeatedly send to the Lessee in accordance with the procedure specified in this Clause. In case of unreasonable denial of the Lessor’s access to the Premises, the Lessor does not guarantee timeliness and quality of Operational Maintenance of the Premises and due maintenance and service of the Premises, the Utilities, and the Equipment within its operational responsibility.
6.1.11 Admit representatives of the Lessor and the state regulatory authorities to the Premises for them to check discharge of the Lessee’s duties without hindrance, but at the Lessee’s working hours (subject to a prior written notice of the date and time of the admission and observance of the Lessee’s safety Procedures). However, the Lessor shall take all the measures in order not to interfere with the Lessee’s production process. In case of revelation of any violations resulting from the Lessee’s guilty actions (taking into consideration its duties under the Agreement) by the regulatory authorities, the Lessee shall eliminate them using its own efforts and at its costs, otherwise the violations shall be eliminated by the Lessor. Provide for access of the personnel responsible for maintenance of the electrical facilities of the Lessor to the metering units (metering devices) at the Lessee’s working hours for taking control readings, subject to accompanying by the Lessee’s representatives and observance of the Lessee’s Safety Procedures.
6.1.12 Do not make agreements or transactions which result or may result in any encumbrance on the property rights provided to the Lessee under the Agreement, including their transfer to another person (pledge agreements, contribution of the lease right to the Premises or a part thereof into the authorized capital of a legal entity, etc.) without written agreement by the Lessor.
6.1.13 Take the necessary measures against unauthorized entry of unauthorized persons into the Premises.
6.1.14 Provide for observance of the occupational health standards and rules by the Lessee’s employees and persons appointed and seconded to it at its cost and using its own efforts.
6.1.15 Observe the environmental protection requirements set by the laws and other regulatory documents.
6.1.16 Ensure observance of the fire safety requirements by its employees, visitors of the leased Premises in accordance with the Federal Law on Fire Safety and the Fire Prevention Rules of the Russian Federation both in the Premises and in the Lessor’s territory.
6.1.17 Within two (2) business days upon the Agreement Date determine an officer responsible for observance of the fire safety measures in the Premises and within five (5) business day submit to the Lessor a copy of the order on appointment of this officer certified by the Lessee.
6.1.18 Ensure observance of the electrical safety requirements in the Premises; within two (2) business days upon the Agreement Date appoint a person responsible for the electrical facilities in accordance with the requirements of the Regulations for Operation of Consumer Electrical Installations and within five (5) business days submit to the Lessor a copy of the order on appointment of this person certified by the Lessee.
6.1.19 Clean the Premises, the Land Plot within the loading and unloading area and, in case of generation (accumulation) of household and bulk garbage resulting from its immediate operations, provide for its collection to the places determined by the Lessor in accordance with the sanitary requirements. Removal of solid municipal waste shall be the Lessee’s responsibility.
6.1.20 Return the Premises in accordance with the procedure provided for by Clause 5.2 of the Agreement if the Lessee carried out any alteration or reconstruction of the Premises. The Lessee shall transfer all the documentation for the Premises received as a result of agreement by the respective authorities to the Lessor.
6.1.21 Do not carry out any alterations and other changes in the Premises and the utilities belonging to them (except any systems installed by the Lessee if such changes do not affect the Building’s utilities) without prior written agreement by the Lessor. At its cost obtain all the agreements upon such changes by the respective authorities required by the laws in accordance with the procedure established by the laws, including without limitation the fire safety documents.
6.1.22 Follow the Lessor’s reasonable instructions and requirements arising out of the Agreement conditions.
6.1.23 Within one (1) day upon expiration and/or termination of the Agreement for any reason: • make all the settlements under the Agreement and in the part of the Variable Part of the Lease Payment – within ten (10) business days upon submission of the documents specified in Clause 4.6.5 of the Agreement by the Lessor; • remove all its goods, property and removable improvements from the provided Premises; • vacate the Premises and transfer it to the Lessor under a certificate in the same condition as it when it was received (taking into consideration the normal wear) and the permanent improvements.
6.1.24 The Lessee shall be liable for damage to the Lessor’s property caused by the actions and/or omissions by the Lessee or its representatives or persons employed by the Lessee or its counterparties (including without limitation logistic operators, agents, users, carriers, and suppliers).
a) In case of damaging the Premises and any other property of the Lessor located in the Premises and/or in the Warehouse Complex, the Lessor shall immediately record the respective facts and circumstances of damaging the property by drawing up a respective certificate and a photo/video report in the presence of the Lessee’s representative.
b) Regardless to the reasons of the damages, the Lessor and the Lessee shall, within the shortest reasonable period upon identification of the damages, take immediate measures to avoid further damaging and to eliminate critical damages to the property.
c) The Parties will take all the efforts to find out the reasons for damaging the property and to come to an agreement regarding which Party shall compensate the costs for recovery of the Premises or any other property of the Lessor. If required and subject to no risk of further damages, the Parties may engage an expert organization to be determined in accordance with the procedure described in Clause 9.2.2. of the Agreement.
d) In case the Lessee admits its fault in damaging the property, the damages shall be eliminated at the cost of and using the efforts of the Lessee within 10 business days, unless another period is agreed by the Parties. In case of non-elimination of such damages by the Lessee at its cost and using its own efforts within the established period, the Lessor shall eliminate the damage to the property using its own efforts, but at the cost of the Lessee based on the invoices issued by the Lessor with the cost calculation attached. This calculation shall be preliminarily agreed upon with the Lessee by emailing to the Lessee ([●]). The Lessee shall agree upon the calculation or provide a motivated refusal to agree upon it with attachment of the counter-calculation of the cost of elimination of the damages within five (5) business days upon its emailing by the Lessor, unless another period is agreed by the Parties. If upon expiration of five (5) business days from the date of emailing the calculation by the Lessor, the Lessee has not forwarded a motivated refusal to agree upon it with attachment of the counter-calculation of the cost of elimination of the damages, the calculation shall be deemed accepted by the Lessee and the Lessor shall be entitled to claim compensation of the cost of the damages in the amount specified in the invoice and the calculation. The invoice shall be paid by the Lessee within three (3) business days from the time of its receipt (repair shall be carried out after payment against the invoice by the Lessee). Final settlements between the Lessor and the Lessee shall be based on the documents provided by the Lessor to confirm the actual costs for elimination of the damage.
6.1.25 in order to prevent and combat terrorist attacks make sure that strangers do not leave any objects in the Premises and, in case of finding things left by anybody, notify the Lessor’s representative and the competent authorities.
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Lessee’s Rights and Obligations. 6.1. The Lessee shall:
6.1.1. Timely make the Lease Payment and any other payments in accordance with the Agreement conditions.
6.1.2. Use the Premises solely in accordance with their intended purpose. Meet the requirement of the Complex Rules set by the Lessor and described in Appendix No. 5 to the Agreement related to possession and use of the Premises. In case of any discrepancies between the Agreement provisions and the Complex Rules, the Agreement provisions shall prevail.
6.1.3. During the whole Lease Period keep in good working order and provide for uninterrupted functioning and maintenance of the Lessee’s Equipment and utilities in accordance with the Certificate of Delineation of Operational Responsibility (Appendix No. 3 to the Agreement) in the condition required for their normal operation in accordance with the intended purpose. Independently or with engagement of third parties carry out repair of damaged equipment and utilities with its operational responsibility according to the Certificate of Delineation of Operational Responsibility.
6.1.4. Keep the premises in the normal operating condition, carry out current repair of the Premises using its own efforts and at its cost. Current repair shall include the works for elimination of minor damages and failures in the Premises within the Lessee’s operational responsibility.
6.1.5. The Lessee shall meet the following requirements: - • open the dock gates after placement of a vehicle into the dock shelter and close it upon the end of loading and unloading. - • load and unload goods using vehicles whose size suits for the dock shelter opening. - • do not clutter, do not block the ventilation duct outlets and heating radiators
6.1.6. The Lessee shall be responsible for the technical condition, observance of the safety rules and operation of power units, process pipelines and other utility equipment within its operational responsibility in accordance with the Certificate of Delineation of Operational Responsibility.
6.1.7. Comply with Observe the sanitary standards and rules of the Russian Federation, including the waste handling rules. The Lessee shall bear sole liability for violation of this obligation.
6.1.8. Ensure security of electrical, heating, water, sewerage, and other utilities and their equipment within its operational responsibility.
6.1.9. Do not store in the Premise any substances whose circulation is prohibited in the Russian Federation. Compensate the Lessor and other lessees any direct losses confirmed by documents having arisen out of the circumstances described in this Clause. Hereinafter the losses shall mean the expenses incurred or to be incurred by the person whose right has been breached for reinstatement of its breached right, loss or damage to its property (real damage) confirmed by documents.
6.1.10. In order to inspect and check the condition of the Premises, Utilities, Equipment or other parts of the Building, the Lessee shall provide access to the premises to the Lessor. The Lessee shall provide access to the Premises in accordance with the list of persons submitted by the Lessor who shall be accompanies by the Lessee’s representatives. Any amendments to this list may be introduced in accordance with the procedure provided for in Clause 7.2.3 of the Agreement. In any other cases the Lessee shall provide access to the Premises to the Lessor under condition of due written notification sent to the following email addresses: [●] at a reasonable time within the timelines specified below (except emergencies/accidents when no such notice is required) and subject to observance of the Lessee’s Safety Procedures for the purpose of:
a) allowing potential lessees or buyers of the Premises, the Building and/or the Warehouse Complex or actual or potential lenders of the Lessor to conduct inspection. In this case a notice shall be forwarded to the Lessee at least one (1) business day before the assumed date of the visit. However, the Lessor may visit the Premises twice a week or less frequently from 8 a.m. to 8 p.m. and the number of the visitors may not exceed three persons, unless otherwise agreed by the Parties;
b) current repair, service, and maintenance, changing, installation of connection to any Utilities of the Building and/or the Premises as well as repair, service, and maintenance of the Building when such activities are required to ensure due condition of the Building, the Utilities, the Equipment, and the Premises. The Lessor shall inform the Lessee at least one (1) business day before the start of the works and the Lessee shall accept the date suggested by the Lessor or shall agree other date acceptable for both the Parties for performance of such works.
c) preventive/routine maintenance (with indication of the need for such preventive/routine maintenance). The Lessor shall inform the Lessee at least one (1) business day before the start of the works and the Lessee shall accept the date suggested by the Lessor or shall agree other date acceptable for both the Parties for performance of such works.
d) performance of any other duties or using any of the Lessor’s rights under Agreement under preliminary written consent with the Lessee where the Lessor may not be unreasonably denied their rights. When exercising its access right the Lessor shall not cause any inconveniences or disturbance for the Lessee and shall discharge its duties as a result of being provided access to the Premises within a short (objectively required) period. Prior to conducting any works which limit or stop normal operations of the Lessee, the Lessor shall agree upon the date, the starting time, and the duration of the works. The Lessor may not be unreasonably denied access to the Premises. In case the Lessee has denied the Lessor access to the Premises, the Lessor shall repeatedly send to the Lessee in accordance with the procedure specified in this Clause. In case of unreasonable denial of the Lessor’s access to the Premises, the Lessor does not guarantee timeliness and quality of Operational Maintenance of the Premises and due maintenance and service of the Premises, the Utilities, and the Equipment within its operational responsibility.
6.1.11. Admit representatives of the Lessor and the state regulatory authorities to the Premises for them to check discharge of the Lessee’s duties without hindrance, but at the Lessee’s working hours (subject to a prior written notice of the date and time of the admission and observance of the Lessee’s safety Procedures). However, the Lessor shall take all the measures in order not to interfere with the Lessee’s production process. In case of revelation of any violations resulting from the Lessee’s guilty acts (taking into consideration its duties under the Agreement) by the regulatory authorities, the Lessee shall eliminate them using its own efforts and at its costs, otherwise the violations shall be eliminated by the Lessor. Provide for access of the personnel responsible for maintenance of the electrical facilities of the Lessor to the metering units (metering devices) at the Lessee’s working hours for taking control readings, subject to accompanying by the Lessee’s representatives and observance of the Lessee’s Safety Procedures.
6.1.12. Do not make agreements or transactions which result or may result in any encumbrance on the property rights provided to the Lessee under the Agreement, including their transfer to other person (pledge agreements, contribution of the lease right to the Premises or a part thereof into the authorized capital of a legal entity, etc.) without written agreement by the Lessor.
6.1.13. Take the necessary measures against unauthorized entry of unauthorized persons into the Premises.
6.1.14. Provide for observance of the occupational health standards and rules by the Lessee’s employees and persons appointed and seconded to it at its cost and using its own efforts.
6.1.15. Observe the environmental protection requirements set by the laws and other regulatory documents.
6.1.16. Ensure observance of the fire safety requirements by its employees, visitors of the Premises in accordance with the Federal Law on Fire Safety and the Fire Prevention Rules of the Russian Federation both in the Premises and in the Lessor’s territory.
6.1.17. Within two (2) business days upon the Agreement Date determine an officer responsible for observance of the fire safety measures in the Premises and within five (5) business day submit to the Lessor a copy of the order on appointment of this officer certified by the Lessee.
6.1.18. Ensure observance of the electrical safety requirements in the Premises; within two (2) business days upon the Agreement Date appoint a person responsible for the electrical facilities in accordance with the requirements of the Regulations for Operation of Consumer Electrical Installations and within five (5) business days submit to the Lessor a copy of the order on appointment of this person certified by the Lessee.
6.1.19. Clean the Premises, the Land Plot within 3 (three) meters from the dock gates (in case if the garbage was generated due to the actions of the Lessee and/or third persons engaged by them) and in case of generation (accumulation) of household and bulk garbage resulting from its immediate operations provide for its collection to the places determined by the Lessor in accordance with the sanitary requirements. Removal of solid municipal waste shall be the Lessee’s responsibility.
6.1.20. Return the Premises in accordance with the procedure provided for by Clause 3.6.2 of the Agreement if the Lessee carried out any alteration or reconstruction of the Premises. The Lessee shall transfer all the documentation for the Premises received as a result of agreement by the respective authorities to the Lessor.
6.1.21. Do not carry out any alterations and other changes in the Premises and the utilities belonging to them (except any systems installed by the Lessee if such changes do not affect the Building’s utilities) without prior written agreement by the Lessor. At its cost obtain all the agreements upon such changes by the respective authorities required by the laws in accordance with the procedure established by the laws, including without limitation the fire safety documents.
6.1.22. Follow the Lessor’s reasonable instructions and requirements arising out of the Agreement conditions.
6.1.23. Within one (1) day upon expiration and/or termination of the Agreement for any reason: • make all the settlements under the Agreement and in the part of the Variable Part of the Lease Payment – within ten (10) business days upon submission of the documents specified in Clause 4.9.5 of the Agreement by the Lessor; • remove all its goods, property and removable improvements from the provided Premises; • vacate the Premises and transfer it to the Lessor under a certificate in the same condition as it when it was received (taking into consideration the normal wear) and the permanent improvements.
6.1.24. The Lessee shall be liable for damage to the Lessor’s property caused by the actions and/or omissions by the Lessee or its representatives or persons employed by the Lessee or its counterparties (including without limitation logistic operators, agents, users, carriers, and suppliers).
a) In case of damaging the Premises and any other property of the Lessor located in the Premises and/or in the Warehouse Complex, the Lessor shall immediately record the respective facts and circumstances of damaging the property by drawing up a respective certificate and a photo/video report in the presence of the Lessee’s representative.
b) Regardless to the reasons of the damages, the Lessor and the Lessee shall, within the shortest reasonable period upon identification of the damages, take immediate measures to avoid further damaging and to eliminate critical damages to the property.
c) The Parties will take all the efforts to find out the reasons for damaging the property and to come to an agreement regarding which Party shall compensate the costs for recovery of the Premises or any other property of the Lessor. If required and subject to no risk of further damages, the Parties may engage an expert organization to be determined in accordance with the procedure described in Clause 9.2.
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