Common use of PAYMENTS AND SETTLEMENTS PROCEDURES Clause in Contracts

PAYMENTS AND SETTLEMENTS PROCEDURES. 4.1 The Lessee’s Payments under the Agreement, as well as all other cash amounts specified in this Agreement, are to be paid in RUR and do not include VAT or any other tax that may be established in accordance with the law and which is payable in excess of such amounts, unless otherwise specified in the Agreement. The amount of the current VAT rate is determined by the rate applicable during the period of the service provision and established by the current Legislation. 4.2 The Permanent Part of Rent is set in the amount of 000 XXX per 1 sq. m., herewith the Parties have agreed that: 4.2.1 The total amount of the Permanent Part of Rent for one (1) month of the Facility leasing is three million thirty-five thousand two hundred and forty (3,035,214.00) RUR, without VAT, for the first month of lease. 4.2.2 The total amount of the Permanent Part of Rent for one (1) month of the Facility leasing is four million three hundred and thirty-six thousand twenty (4,336,020.00) RUR, without VAT, starting from the second month of lease. Tax 4.3 Operating costs (including, expenses on cleaning common areas of the Building (halls of the ground and the first floors (first stage), rest rooms of the ground and the first floors (first stage), a hall of the elevator the ground floor (second stage), as well as fire escapes) and the fees for the Building protection, keeping a checkpoint, maintenance and provision of consumables, as well as keeping a fire alarm system, systems of supply and exhaust ventilation and air conditioning) and Housing and Communal Services are included in the Permanent Part of Rent. 4.4 Expenses related to implementation by the Lessor of the obligations specified in clause 3.1 of the Agreement are considered expenses of the Lessor and are not subject to compensation by the Lessee. 4.5 The Variable Part of Rent includes the expenses on electricity consumed by the Lessee at the Facility. These expenses are calculated based on the readings of electricity metering devices located on each floor of the leased Facility, as well as on the tariffs of an energy supply organization (a guaranteeing supplier). A number of the electricity metering devices and their readings are to be registered in the corresponding Electricity Metering Devices Readings Acceptance Certificate, signed by both Parties, in the form of Appendix No. 5 to the Agreement. 4.6 Cleaning, provision of consumables for the Facility operation (including air conditioning system), as well as wastes removal shall be carried out by the Lessee at its own expense. 4.7 The Lessee shall transfer the Permanent Part of Rent to the Lessor’s settlement account not later than on the fifteenth (15th) day of the current month, starting from the moment of the Facility Delivery and Acceptance Certificate. The Lessee’s obligation to pay the Permanent Part of Rent is considered fulfilled from the date of the funds debitting from the Lessee’s settlement account. 4.8 In case of a violation by the Lessor of its obligations specified in clause 3.1 of the Agreement, and in case of charging the Lessor with appropriate penalties, the Lessee is entitled to deduct such penalties from the amount of the Permanent Part of Rent payable for the corresponding period. 4.9 The Variable Part of Rent shall be paid by the Lessee on the basis of the relevant invoices issued by the Lessor within ten (10) business days from the date of the invoice submission. The Lessor undertakes to provide the Lessee with a copy of the invoice received from an energy supply organization (a guaranteeing supplier) on a monthly basis. 4.10 If due to carrying out by the Lessor of major repairs in accordance with clauses 3.1.4 and 3.1.5 of the Agreement or due to other circumstances, occurred at the initiative of the Lessor, any restraints appear for the Lessee in using the Facility in the manner provided for in the Agreement, or for the latter to carry out its activity, then: 4.10.1 the corresponding Lessee’s Payments for the specified period are not accrued and not to be paid; 4.10.2 if the Lessee continues to use any part of the Facility in accordance with the Permitted Use, the amount of the Lessee’s Payments for the relevant period shall be calculated and payable in proportion to the area of the Facility that is actually used by the Lessee at the Facility. 4.11 If the Lessor is unable to carry out repairs in accordance with clauses 3.1.4 and 3.1.5 of the Agreement without completely stopping the Lessee’s activity at the Facility, the Lessee is exempt from paying the Lessee’s Payments and other payments under the Agreement for the period of complete stop of its activity at the Facility. 4.12 The Lessee has the right to suspend the payment of the Lessee’s Payments from the latest day of the events specified below (and on the first day of the events specified below, to send a written notice to the Lessor) with respect to the corresponding part of the Facility area in respect to which the Housing and Communal Services provision has been stopped, untill the Housing and Communal Services provision resumption (in relation to the relevant part of the Facility area) or untill elimination of other reasons preventing the use of the Object in the following cases: 4.12.1 if the Lessor does not provide one or more of the following Housing and Communal Services or other services listed below in an area exceeding twenty-five (25) percent of the Facility area for any reason, except for any violations of the Lessee: 4.12.1.1 supply of electricity for two (2) consecutive business days; or 4.12.1.2 heating supply in winter for five (5) consecutive business days (seasonally adjusted); or 4.12.1.3 ventilation for twenty (20) consecutive business days; or 4.12.1.4 cold water supply and/or wastewater disposal for two (2) consecutive business days; 4.12.2 if the Lessee is not able to use the Facility on an area exceeding twenty-five (25) percent of the Facility area for two (2) consecutive business days. 4.13 For the avoidance of doubt, in the event of suspension of the Housing and Communal Services provision in relation to the Facility or any of its parts due to circumstances beyond the control of the Lessee, the Lessor undertakes to ensure the resumption of Housing and Communal Services provision within the shortest reasonable time at its own expense. 4.14 After resuming the Housing and Communal Services provision, the payment of the Lessee’s Payments shall be resumed in full, without reducing their amount for the period of their provision suspension. 4.15 The amount of the Permanent Part of Rent specified in clause 4.2 of the Agreement can be increased by the Lessor in agreement with the Lessee not more than once a year, starting from the second year of lease, but in any case not more than by the CPI. 4.16 If the area of the Facility is clarified based on the results of the premises measurements after signing the Agreement by the Parties, the amount of the Permanent Part of Rent set by the Agreement is not subject to change.

Appears in 2 contracts

Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)

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PAYMENTS AND SETTLEMENTS PROCEDURES. 4.1 The Lessee’s Payments under the Agreement, as well as all other cash amounts specified in this Agreement, are to be paid in RUR and do not include VAT or any other tax that may be established in accordance with the law and which is payable in excess of such amounts, unless otherwise specified in the Agreement. The amount of the current VAT rate is determined by the rate applicable during the period of the service provision and established by the current Legislation. 4.2 The Permanent Part of Rent is set in the amount of 000 XXX per 1 sq. m., herewith the Parties have agreed that: 4.2.1 The total amount of the Permanent Part of Rent for one (1) month of the Facility leasing is three two million thirty-five four hundred six thousand two six hundred and forty sixty-two (3,035,214.002,406,662.00) RUR, without VAT, for the first month of lease. 4.2.2 The total amount of the Permanent Part of Rent for one (1) month of the Facility leasing is three million four hundred thirty-eight thousand four hundred and five (3,438,405.00) RUR, without VAT, for the second month of lease. 4.2.3 The total amount of the Permanent Part of Rent for one (1) month of the Facility leasing is four million three seven hundred and thirtyfifty-six seven thousand twenty eight hundred and fifty (4,336,020.004,757,850.00) RUR, without VAT, starting from the second third month of lease. Tax. 4.3 Operating costs (including, expenses on cleaning common areas of the Building (halls of the ground and the first floors (first stage), rest rooms of the ground and the first floors (first stage), a hall of the elevator the ground floor (second stage), as well as fire escapes) and the fees for the Building protection, keeping a checkpoint, maintenance and provision of consumables, as well as keeping a fire alarm system, systems of supply and exhaust ventilation and air conditioning) and Housing and Communal Services are included in the Permanent Part of Rent. 4.4 Expenses related to implementation by the Lessor of the obligations specified in clause 3.1 of the Agreement are considered expenses of the Lessor and are not subject to compensation by the Lessee. 4.5 The Variable Part of Rent includes the expenses on electricity consumed by the Lessee at the Facility. These expenses are calculated based on the readings of electricity metering devices located on each floor of the leased Facility, as well as on the tariffs of an energy supply organization (a guaranteeing supplier). A number of the electricity metering devices and their readings are to be registered in the corresponding Electricity Metering Devices Readings Acceptance Certificate, signed by both Parties, in the form of Appendix No. 5 to the Agreement. 4.6 Cleaning, provision of consumables for the Facility operation (including air conditioning system), as well as wastes removal shall be carried out by the Lessee at its own expense. 4.7 The Lessee shall transfer the Permanent Part of Rent to the Lessor’s settlement account not later than on the fifteenth (15th) day of the current month, starting from the moment of the Facility Delivery and Acceptance Certificate. The Lessee’s obligation to pay the Permanent Part of Rent is considered fulfilled from the date of the funds debitting from the Lessee’s settlement account. 4.8 In case of a violation by the Lessor of its obligations specified in clause 3.1 of the Agreement, and in case of charging the Lessor with appropriate penalties, the Lessee is entitled to deduct such penalties from the amount of the Permanent Part of Rent payable for the corresponding period. 4.9 The Variable Part of Rent shall be paid by the Lessee on the basis of the relevant invoices issued by the Lessor within ten (10) business days from the date of the invoice submission. The Lessor undertakes to provide the Lessee with a copy of the invoice received from an energy supply organization (a guaranteeing supplier) on a monthly basis. 4.10 If due to carrying out by the Lessor of major repairs in accordance with clauses 3.1.4 and 3.1.5 of the Agreement or due to other circumstances, occurred at the initiative of the Lessor, any restraints appear for the Lessee in using the Facility in the manner provided for in the Agreement, or for the latter to carry out its activity, then: 4.10.1 the corresponding Lessee’s Payments for the specified period are not accrued and not to be paid; 4.10.2 if the Lessee continues to use any part of the Facility in accordance with the Permitted Use, the amount of the Lessee’s Payments for the relevant period shall be calculated and payable in proportion to the area of the Facility that is actually used by the Lessee at the Facility. 4.11 If the Lessor is unable to carry out repairs in accordance with clauses 3.1.4 and 3.1.5 of the Agreement without completely stopping the Lessee’s activity at the Facility, the Lessee is exempt from paying the Lessee’s Payments and other payments under the Agreement for the period of complete stop of its activity at the Facility. 4.12 The Lessee has the right to suspend the payment of the Lessee’s Payments from the latest day of the events specified below (and on the first day of the events specified below, to send a written notice to the Lessor) with respect to the corresponding part of the Facility area in respect to which the Housing and Communal Services provision has been stopped, untill the the Housing and Communal Services provision resumption (in relation to the relevant part of the Facility area) or untill elimination of other reasons preventing the use of the Object in the following cases: 4.12.1 if the Lessor does not provide one or more of the following Housing and Communal Services or other services listed below in an area exceeding twenty-five (25) percent of the Facility area for any reason, except for any violations of the Lessee: 4.12.1.1 supply of electricity for two (2) consecutive business days; or 4.12.1.2 heating supply in winter for five (5) consecutive business days (seasonally adjusted); or 4.12.1.3 ventilation for twenty (20) consecutive business days; or 4.12.1.4 cold water supply and/or wastewater disposal for two (2) consecutive business days; 4.12.2 if the Lessee is not able to use the Facility on an area exceeding twenty-five (25) percent of the Facility area for two (2) consecutive business days. 4.13 For the avoidance of doubt, in the event of suspension of the Housing and Communal Services provision in relation to the Facility or any of its parts due to circumstances beyond the control of the Lessee, the Lessor undertakes to ensure the resumption of Housing and Communal Services provision within the shortest reasonable time at its own expense. 4.14 After resuming the Housing and Communal Services provision, the payment of the Lessee’s Payments shall be resumed in full, without reducing their amount for the period of their provision suspension. 4.15 The amount of the Permanent Part of Rent specified in clause 4.2 of the Agreement can be increased by the Lessor in agreement with the Lessee not more than once a year, starting from the second year of lease, but in any case not more than by the CPI. 4.16 If the area of the Facility is clarified based on the results of the premises measurements after signing the Agreement by the Parties, the amount of the Permanent Part of Rent set by the Agreement is not subject to change.

Appears in 2 contracts

Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)

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PAYMENTS AND SETTLEMENTS PROCEDURES. 4.1 The Lessee’s Payments under the Agreement, as well as all other cash amounts specified in this Agreement, are to be paid in RUR and do not include VAT or any other tax that may be established in accordance with the law and which is payable in excess of such amounts, unless otherwise specified in the Agreement. The amount of the current VAT rate is determined by the rate applicable during the period of the service provision and established by the current Legislation. 4.2 The Permanent Part of Rent is set in the amount of 000 XXX per 1 sq. m., herewith the Parties have agreed that: 4.2.1 The total amount of the Permanent Part of Rent for one (1) month of the Facility leasing is one million three million thirty-five thousand two hundred and forty sixty six thousand five hundred and thirty three (3,035,214.001,366,533.00) RUR, without VAT, for the first month of lease. 4.2.2 The total amount of the Permanent Part of Rent for one (1) month of the Facility leasing is four one million three nine hundred and thirty-six fifty two thousand twenty one hundred and ninety (4,336,020.001,952,190.00) RUR, without VAT, starting from the second month of lease. Tax. 4.3 Operating costs (including, expenses on cleaning common areas of the Building (halls of the ground and the first floors (first stage), rest rooms of the ground and the first floors (first stage), a hall of the elevator the ground floor (second stage), as well as fire escapes) and the fees for the Building protection, keeping a checkpoint, maintenance and provision of consumables, as well as keeping a fire alarm system, systems of supply and exhaust ventilation and air conditioning) and Housing and Communal Services are included in the Permanent Part of Rent. 4.4 Expenses related to implementation by the Lessor of the obligations specified in clause 3.1 of the Agreement are considered expenses of the Lessor and are not subject to compensation by the Lessee. 4.5 The Variable Part of Rent includes the expenses on electricity consumed by the Lessee at the Facility. These expenses are calculated based on the readings of electricity metering devices located on each floor of the leased Facility, as well as on the tariffs of an energy supply organization (a guaranteeing supplier). A number of the electricity metering devices and their readings are to be registered in the corresponding Electricity Metering Devices Readings Acceptance Certificate, signed by both Parties, in the form of Appendix No. 5 to the Agreement. 4.6 Cleaning, provision of consumables for the Facility operation (including air conditioning system), as well as wastes removal shall be carried out by the Lessee at its own expense. 4.7 The Lessee shall transfer the Permanent Part of Rent to the Lessor’s settlement account not later than on the fifteenth (15th) day of the current month, starting from the moment of the Facility Delivery and Acceptance Certificate. The Lessee’s obligation to pay the Permanent Part of Rent is considered fulfilled from the date of the funds debitting from the Lessee’s settlement account. 4.8 In case of a violation by the Lessor of its obligations specified in clause 3.1 of the Agreement, and in case of charging the Lessor with appropriate penalties, the Lessee is entitled to deduct such penalties from the amount of the Permanent Part of Rent payable for the corresponding period. 4.9 The Variable Part of Rent shall be paid by the Lessee on the basis of the relevant invoices issued by the Lessor within ten (10) business days from the date of the invoice submission. The Lessor undertakes to provide the Lessee with a copy of the invoice received from an energy supply organization (a guaranteeing supplier) on a monthly basis. 4.10 If due to carrying out by the Lessor of major repairs in accordance with clauses 3.1.4 and 3.1.5 of the Agreement or due to other circumstances, occurred at the initiative of the Lessor, any restraints appear for the Lessee in using the Facility in the manner provided for in the Agreement, or for the latter to carry out its activity, then: 4.10.1 the corresponding Lessee’s Payments for the specified period are not accrued and not to be paid; 4.10.2 if the Lessee continues to use any part of the Facility in accordance with the Permitted Use, the amount of the Lessee’s Payments for the relevant period shall be calculated and payable in proportion to the area of the Facility that is actually used by the Lessee at the Facility. 4.11 If the Lessor is unable to carry out repairs in accordance with clauses 3.1.4 and 3.1.5 of the Agreement without completely stopping the Lessee’s activity at the Facility, the Lessee is exempt from paying the Lessee’s Payments and other payments under the Agreement for the period of complete stop of its activity at the Facility. 4.12 The Lessee has the right to suspend the payment of the Lessee’s Payments from the latest day of the events specified below (and on the first day of the events specified below, to send a written notice to the Lessor) with respect to the corresponding part of the Facility area in respect to which the Housing and Communal Services provision has been stopped, untill the the Housing and Communal Services provision resumption (in relation to the relevant part of the Facility area) or untill elimination of other reasons preventing the use of the Object in the following cases: 4.12.1 if the Lessor does not provide one or more of the following Housing and Communal Services or other services listed below in an area exceeding twenty-five (25) percent of the Facility area for any reason, except for any violations of the Lessee: 4.12.1.1 supply of electricity for two (2) consecutive business days; or 4.12.1.2 heating supply in winter for five (5) consecutive business days (seasonally adjusted); or 4.12.1.3 ventilation for twenty (20) consecutive business days; or 4.12.1.4 cold water supply and/or wastewater disposal for two (2) consecutive business days; 4.12.2 if the Lessee is not able to use the Facility on an area exceeding twenty-five (25) percent of the Facility area for two (2) consecutive business days. 4.13 For the avoidance of doubt, in the event of suspension of the Housing and Communal Services provision in relation to the Facility or any of its parts due to circumstances beyond the control of the Lessee, the Lessor undertakes to ensure the resumption of Housing and Communal Services provision within the shortest reasonable time at its own expense. 4.14 After resuming the Housing and Communal Services provision, the payment of the Lessee’s Payments shall be resumed in full, without reducing their amount for the period of their provision suspension. 4.15 The amount of the Permanent Part of Rent specified in clause 4.2 of the Agreement can be increased by the Lessor in agreement with the Lessee not more than once a year, starting from the second year of lease, but in any case not more than by the CPI. 4.16 If the area of the Facility is clarified based on the results of the premises measurements after signing the Agreement by the Parties, the amount of the Permanent Part of Rent set by the Agreement is not subject to change.

Appears in 2 contracts

Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)

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