Rights and obligations of the Lessee. 14.1 The Lessee is obligated to treat the Subject of the Lease including its equipment, fixtures and facilities and any Construction Modifications or Internal Modifications (as defined below) and Lessor’s/Lessee’s Fit-Out Works in a due and careful manner and with appropriate attention. The Lessee is obligated to maintain the Office Premises and repair or arrange for repairs of any damages to the Subject of the Lease, which are attributable to the Lessee and for which the Lessor is not liable, including its equipment, fixtures and facilities. Further the Lessee is obligated to use the Subject of the Lease without disturbing and/or detriment to other tenants and the Building. 14.2 The Lessee is obligated to follow the rules of the Building applicable for all lessees of the Building (the “Rules of the Building”). The Lessee confirms that it has acknowledged the wording of the currently valid Rules of the Building. The Lessee is obligated to secure that the Rules of the Building are observed by the Lessee’s employees, customers, contractors, visitors, sub-lessees and other persons that are allowed to enter the Subject of the Lease with the knowledge of the Lessee (the “Lessee’s Persons”). The Lessor shall have the right to modify the Rules of the Building. The Lessee shall be obliged to observe such modified Rules of the Building starting on the 14th day following the day of its delivery to the Lessee. 14.3 Provided that the Lessee has notified the Lessor of defects of the parts of the Subject of the Lease including Lessor’s Fit-Out Works to which the warranty periods apply without undue delay and provided that such defects have not been caused by the Lessee or other persons under Section 14.2 hereof, Section 14.1 hereof does not apply to repairs, which occur during the warranty periods listed in Exhibit 8 hereof and the respective repairs are to be carried out exclusively by the general contractor of the Building or the Lessor’s Fit-Out Works, and/or the sub-contractor who is/are responsible for such defects at no costs to the Lessee. 14.4 Any defects on the Subject of the Lease or the Lessor’s Fit-Out Works that are detected during the warranty periods, as such defects are covered by warranties listed in Exhibit 8 hereof, must be notified by the Lessee to the Lessor without undue delay. The Lessee shall be liable for damages caused by any late notification of such defects. In the event of any imminent danger, the Lessee itself shall take the necessary measures to protect the Lessor from damages or to mitigate the imminent damages of the Lessor. 14.5 Unless falling under the obligations of the Lessor pursuant to Section 15.2 below, the Lessee shall be liable for damages which are caused by failure to fulfil the Lessee’s obligations, in particular, if utility and sewage lines, toilets, and heating and other facilities are handled and maintained improperly, or the rooms are inadequately ventilated, heated, cleaned or insufficiently protected against frost, unless such situation occurs due to the fault on the side of the Lessor. Similarly, the Lessee shall be personally or, as the case may be, jointly and severally with any of the Lessee’s Persons liable in the same manner also for damages which are caused by third persons, who were allowed to enter the Subject of the Lease with the knowledge of the Lessee’s Persons. 14.6 If the Lessee does not meet its obligations to carry out the required repairs in accordance with this Agreement or arrange for such repairs, the Lessor shall be entitled subject to a prior written notice (or immediately in situations of imminent danger), but not obligated, to have the repairs made at the Lessee’s expense, if the Lessee does not commence the required repairs works within 3 days from the receipt of the written notice of the Lessor. In such case, the costs of these works shall be paid by the Lessee promptly but not later than 10 days after receipt of the invoice. These costs shall not exceed the usual amounts in given place and time, considering the maintenance of the Building’s quality. 14.7 The Lessee shall inform the Lessor without undue delay upon determining about the need to perform in the Subject of the Lease any repairs: (a) specified in Section 15.2 hereof; and (b) specified in Section 14.1 if the Lessee is not able to fulfil its obligation to repair or arrange for such repairs, provided the costs of such repairs shall be borne by the Lessee. The Lessor shall charge the Lessee for such costs, without any supplementary charges or fee by the Lessor, in a special invoice that the Lessee is obligated to pay within the maturity period of 10 days as from its delivery. The Lessor is obligated to perform all announced repairs without undue delay after their announcement by the Lessee, provided, however, that the Lessee provides the Lessor with necessary co-operation and assistance, in particular, without limitation, by allowing the Lessor and/or persons authorized by it to access the Subject of the Lease. The Lessee shall inform the Lessor without undue delay upon determining about the need to perform repairs of any defects and/or damages in the Common Premises 1 and if applicable also Common Premises 2, provided costs for repairs of the Common Premises 1 and if applicable also Common Premises 2 shall be borne by the Lessee, unless such defects have been caused by the Lessee or by the Lessee’s Persons. 14.8 In the Subject of the Lease, the Lessee is not entitled to perform, without a prior written consent of the Lessor which shall not be unreasonably withheld: (i) any structural modification, structural or construction improvements, build-in adjustments or installation of technological equipment that would have a fixed connection to the Building and/or which require construction permit or notification to a building office (the “Construction Modifications”), or (ii) any internal and/or non-structural modifications, for which no construction permit or notification to the building office is required (the “Internal Modifications”). 14.9 The Lessee shall perform any Construction Modifications and/or Internal Modifications at its own costs. The Parties have agreed that costs for any technical improvement of the Subject of the Lease performed and financed by the Lessee in line with this Agreement may be depreciated by the Lessee pursuant to valid legal regulations, and the Lessor further undertakes not to increase the initial Building price by such costs. 14.10 Prior to commencement of the Construction Modifications and/or Internal Modifications (or, prior to commencement of any changes thereto) the Lessee shall deliver to the Lessor appropriate project documentation which shall correspond to the project documentation provided to the Lessee by the Lessor and which shall be approved by the Lessor. The Lessee shall carry out the Construction Modifications and/or Internal Modifications in accordance with this Agreement, approved project documentation, conditions set out in the relevant consents and permits of the public authorities, rules and regulations determined by the Lessor and the Lessee shall be responsible for the carrying out of the Construction Modifications and/or Internal Modifications. While carrying out the Construction Modifications and/or Internal Modifications, the Lessee shall proceed so as not to disturb other lessees or users of the Building, particularly by vibrations, noise or odour, and shall adopt all measurements for this purpose. In case the project documentation for the Construction Modifications and/or Internal Modifications contains irregularities, unclarities or is not complete, the Lessor shall require the Lessee to remedy the situation without undue delay. The Lessee shall obtain any and all consents and permits of public authorities necessary to carry out or modify the Construction Modifications and/or Internal Modifications and to use them within the Subject of the Lease after their completion and the Lessor is obliged to provide the Lessee with all reasonably required assistance. 14.11 When performing the Construction Modifications and/or Internal Modifications, the Lessee is obligated to ensure that it is in compliance with the unity of the Building. All elements which affect the exterior of the Building or the Subject of the Lease, in particular but not limited to the window blinds, shall be subject to a prior written consent of the Lessor. Within 2 months after completion of the Construction Modifications and/or Internal Modifications at the latest, the Lessee is obligated to deliver to the Lessor documentation of the as-built state of the Construction Modifications and/or Internal Modifications in an electronic and editable form, as applicable, and obtain the use approval, if necessary, for the same purpose of the lease, and further notify to the Lessor the acquisition price of such Construction Modifications and/or Internal Modifications while at the same time proving such acquisition price by delivering to the Lessor copies of invoices and tax documents on such acquisition price. 14.12 During the notice period and/or during 12 months before expiration of the Lease Term, the Lessor and/or persons authorized by it may enter the Subject of the Lease on business days in regular working hours upon a prior notice delivered 24 hours in advance, at the latest, in order to allow inspection thereof by third parties that are interested in leasing the Subject of the Lease. The Lessee is obligated to secure that such visitors are accompanied by its representative. 14.13 The Lessee undertakes to conclude the following insurance policies in sufficient amounts for a time period commencing as from the Hand-Over Date of the Subject of the Lease at the latest and to maintain such insurance policies in full effect throughout the entire Lease Term, the insurance policies to be provided by a reputable insurance company which shall be approved in advance in writing by the Lessor. The insurance shall cover at least: (a) Insurance of Lessee’s Fit-Out Works and Lessor’s Fit-Out Works, Construction Modifications, Internal Modifications or other construction or non-construction modifications to the Subject of the Lease made by the Lessee or by the Lessor (including the modifications that were in the Subject of the Lease of the Hand-Over Date) and insurance of damages of movable assets, stock, commercial documentation, pieces of art and valuables of the Lessee and any third party located in the Office Premises 1 or in the Common Premises 1 and Office Premises 2 or in the Common Premises 2 against natural disasters (in the minimum extent of “pojištěný živel”) with the co-insurance not exceeding CZK 100,000 for any one occurrence; (b) insurance of damages caused by burglary, robbery and/or vandalism and damages incurred in connection with the above-mentioned perils in the Office Premises 1 and if applicable Office Premises 2 and inside of the Office Premises 1 and if applicable Office Premises 2 with the deductible not exceeding CZK 100,000 for any one occurrence; (c) insurance of glass in the Office Premises 1 and if applicable Office Premises 2; (d) insurance of damages caused by business interruption of the Lessee’s busienss against the perils defined in “Pojištěný živel” with a maximum deductible of seven days and with minimum indemnity period of 12 months; (e) business interruption insurance covering damages caused by supply interruption of energy, utilities and/or damages to utility networks in the Office Premises 1 and if applicable Office Premises 2 with indemnity period at least 6 months and a maximum deductible of 30 days; (f) insurance of Lessee’s liability for damages caused to third parties by damages to life, health, consequential and net financial losses, personal injuries and/or environmental damages for a minimum insurance amount of CZK 50,000,000 and a maximum deductible of CZK 100,000; (g) any and all other insurance the conclusion of which is demanded according to the Czech law. “Pojištěný živel” means the following insurance perils: fire, explosion, lightening, crash or fall or airplane, its part or cargo, flood and inundation, windstorm and hailstorm, landslide, rock and earth fall, avalanche, earthquake, weight of snow or ice, vehicle or its cargo impact, fall of tree, pole or other object which is not part of the damaged item, sonic boom and smoke, water/liquids escaping from water pipes and media escaping by failure from stable fire extinguishers and sprinklers, pipes or heating. In case any damage on the Subject of the Lease and/or the Property is covered both by the Lessee’s and Lessor’s insurance, the Lessee shall primarily use its own insurance and claim the indemnification from its insurance company. The Lessor’s insurance may be used only in the extent in which the damage is not remedied from the Lessee’s insurance. 14.14 The Lessee shall submit to the Lessor a copy of the insurance policy and a confirmation that all premiums and insurance contributions for the following insurance period have been paid within 15 days as from receipt of the Lessor’s request. 14.15 Any increase in the insurance premiums of the Lessor in connection with the activities of the Lessee or resulting from Construction Modifications or Internal Modifications and/or any other changes in the Subject of the Lease performed by the Lessee shall be borne by the Lessee. 14.16 The Lessee agrees that during its use of the Subject of the Lease, during the preparation and creation of documentation for performance of the Construction Modifications and/or Internal Modifications, during the performance of the Construction Modifications and/or Internal Modifications and/or equipping the Subject of the Lease with interior equipment, it shall observe all legal regulations, in particular, without limitation, legal regulations relating to the fire protection and protection of health and safety at work. 14.17 The Lessee hereby undertakes that it shall not place within the Subject of the Lease any equipment exceeding the capacity or overextending the technical parameters of the Building. 14.18 The Lessee will not place or permit to be placed, will not use or permit to be used, will not maintain or permit to be maintained within the Subject of the Lease, and will not bring or permit to be brought onto the Real Estate any hazardous substances, contaminants or pollutants, toxic substances or wastes, infectious materials, petroleum products, asbestos or asbestos containing materials (except immaterial amounts of ordinary cleaning materials).
Appears in 2 contracts
Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)
Rights and obligations of the Lessee. 14.1 The Lessee is obligated to treat a. Interior improvements and furnishings outside the Subject scope of the Lease including its equipment, fixtures and facilities and any Construction Modifications or Internal Modifications (as defined below) and Lessor’s/Lessee’s Fit-Out Works in a due and careful manner and with appropriate attention. The Lessee is obligated to maintain the Office Premises and repair or arrange for repairs section 2 of any damages to the Subject of the Lease, which are attributable to this agreement shall be undertaken by the Lessee and for which at the sole expense of the Lessee. Any such interior undertakings must be submitted in the form of a written proposal to the Lessor is and require the written approval from the Lessor. Any such undertakings may not liable, including its equipment, fixtures and facilities. Further the Lessee is obligated to use the Subject of the Lease without disturbing and/or detriment to other tenants and the Building.
14.2 The Lessee is obligated to follow the rules of the Building applicable for all lessees of the Building (the “Rules of the Building”). The Lessee confirms that it under any circumstances be initiated before such approval has acknowledged the wording of the currently valid Rules of the Building. The Lessee is obligated to secure that the Rules of the Building are observed by the Lessee’s employees, customers, contractors, visitors, sub-lessees and other persons that are allowed to enter the Subject of the Lease with the knowledge of the Lessee (the “Lessee’s Persons”). The Lessor shall have the right to modify the Rules of the Buildingbeen obtained. The Lessee shall be obliged responsible for obtaining any and all licenses or permissions from the public authorities necessary in order to observe such modified Rules perform work of this kind.
b. Such interior improvements and furnishings as described in section 7 a above shall become the sole property of the Building starting on Lessor, free of charge, upon termination of the 14th day following lease, unless the day of its delivery Lessor demands to have the fittings and furnishings removed and to have the premises returned to the Lesseecondition prior to the undertakings performed.
14.3 Provided c. The Lessee shall bear all costs in conjunction with any remodeling and refurnishing work of the premises that the Lessee has notified wishes to undertake outside the Lessor terms and conditions of defects of the parts of the Subject of the Lease including Lessor’s Fit-Out Works to which the warranty periods apply without undue delay and provided that such defects have not been caused by the Lessee or other persons under Section 14.2 hereof, Section 14.1 hereof does not apply to repairs, which occur during the warranty periods listed in Exhibit 8 hereof and the respective repairs are to be carried out exclusively by the general contractor of the Building or the Lessor’s Fit-Out Works, and/or the sub-contractor who is/are responsible for such defects at no costs to the Lesseethis agreement.
14.4 Any defects on the Subject of the Lease or the Lessor’s Fit-Out Works that are detected during the warranty periods, as such defects are covered by warranties listed in Exhibit 8 hereof, must be notified by the Lessee to the Lessor without undue delay. The Lessee shall be liable for damages caused by any late notification of such defects. d. In the event of any imminent danger, the Lessee itself shall take the necessary measures to protect the Lessor from damages or to mitigate the imminent damages that alterations of the Lessor.
14.5 Unless falling under the obligations of the Lessor pursuant to Section 15.2 below, the Lessee shall be liable for damages which are caused by failure to fulfil the Lessee’s obligations, premises or its improvements and fixtures cause an increase in particular, if utility and sewage lines, toilets, and heating and other facilities are handled and maintained improperly, or the rooms are inadequately ventilated, heated, cleaned or insufficiently protected against frost, unless such situation occurs due to the fault on the side of the Lessor. Similarly's, the Lessee shall be personally orand/or other lessee's, as the case may becost of insurance, jointly and severally with any of the Lessee’s Persons liable in the same manner also for damages which are caused by third persons, who were allowed to enter the Subject of the Lease with the knowledge of the Lessee’s Persons.
14.6 If the Lessee does not meet its obligations to carry out the required repairs in accordance with this Agreement or arrange for all such repairs, the Lessor shall be entitled subject to a prior written notice (or immediately in situations of imminent danger), but not obligated, to have the repairs made at the Lessee’s expense, if the Lessee does not commence the required repairs works within 3 days from the receipt of the written notice of the Lessor. In such case, the costs of these works shall be paid by the Lessee promptly but not later than 10 days after receipt of the invoice. These costs shall not exceed the usual amounts in given place and time, considering the maintenance of the Building’s quality.
14.7 The Lessee shall inform the Lessor without undue delay upon determining about the need to perform in the Subject of the Lease any repairs:
(a) specified in Section 15.2 hereof; and
(b) specified in Section 14.1 if the Lessee is not able to fulfil its obligation to repair or arrange for such repairs, provided the costs of such repairs additional expenses shall be borne by the Lessee. The Lessor Lessee shall charge also bear any additional expenses caused by the Lessee's special business activities or operations.
e. Should the business activities or operations of the Lessee require permission by the authorities, the Lessee is responsible for obtaining any such costspermission. The Lessee is also responsible for obtaining any such change in the zoning regulations, or permission or license necessary to perform its business activities or operations in the leased premises.
f. Signs, neon-signs and advertisements etc. may not be put up without the prior written authorization from Lessor regarding the design and position of such signs etc. At the time of this agreement, the Lessor has authorized the Lessee to put up a sign on the front of the building. The position and design of this sign shall be agreed upon.
g. Any injunctions, demands or orders, caused by the Lessee's business operations in the leased premises, by the work environment authority ("Arbeidertilsynet"), the health council ("Helseradet"), the fire department ("xxxxx-vesen"), the industry protection authority ("industrivern"), the civil defense ("Sivilforsvaret") or other public authorities, shall not in any supplementary charges way burden the Lessor and shall be the full responsibility of the Lessee. The Lessee is also responsible for any similar orders or fee demands made by the Lessor, in a special invoice that the Lessee is obligated to pay within the maturity period of 10 days as from its delivery. The Lessor is obligated to perform all announced repairs without undue delay after their announcement 's insurance company regarding improvements and/or equipment motivated by the Lessee's business operations at the premises, provided, however, that or the Lessee provides the Lessor with necessary co-operation and assistance, in particular, without limitation, by allowing the Lessor and/or persons authorized by it to access the Subject Lessee's refurnishing or remodeling of the Leasepremises.
h. The Lessee is fully responsible for the interior maintenance of the leased premises including its interior fittings and furnishings. Entry doors and windows with frames shall also be maintained by the Lessee. The interior maintenance also includes floors, ceilings, walls, pillars and columns, electrical wiring from the fuse box or equivalent, all electrical equipment and all heating, ventilation and sanitary equipment in the leased premises.
i. The Lessee is under a duty to treat the leased premises, as well as the property as a whole, with appropriate care. The Lessee shall inform the Lessor without undue delay upon determining about the need to perform repairs of any defects and/or is liable for all damages in the Common Premises 1 and if applicable also Common Premises 2, provided costs for repairs of the Common Premises 1 and if applicable also Common Premises 2 shall be borne by the Lessee, unless such defects have been caused by the Lessee himself or by the Lessee’s Persons's employees, both permanent and temporary.
14.8 In j. The Lessee shall follow and obey the Subject applicable rules regarding the use of the Lease, the Lessee is not entitled to perform, without a prior written consent of the Lessor which shall not be unreasonably withheld: premises (i) any structural modification, structural or construction improvements, build-in adjustments or installation of technological equipment that would have a fixed connection to the Building and/or which require construction permit or notification to a building office (the “Construction Modifications”), or (ii) any internal and/or non-structural modifications, for which no construction permit or notification to the building office is required (the “Internal Modifications”see section 7 b).
14.9 The Lessee shall perform any Construction Modifications and/or Internal Modifications at its own costs. The Parties have agreed that costs for any technical improvement of the Subject of the Lease performed and financed by the Lessee in line with this Agreement may be depreciated by the Lessee pursuant to valid legal regulations, and the Lessor further undertakes not to increase the initial Building price by such costs.
14.10 Prior to commencement of the Construction Modifications and/or Internal Modifications (or, prior to commencement of any changes thereto) the Lessee shall deliver to the Lessor appropriate project documentation which shall correspond to the project documentation provided to the Lessee by the Lessor and which shall be approved by the Lessor. The Lessee shall carry out the Construction Modifications and/or Internal Modifications in accordance with this Agreement, approved project documentation, conditions set out in the relevant consents and permits of the public authorities, rules and regulations determined by the Lessor and the Lessee shall be responsible for the carrying out of the Construction Modifications and/or Internal Modifications. While carrying out the Construction Modifications and/or Internal Modifications, the Lessee shall proceed so as not to disturb other lessees or users of the Building, particularly by vibrations, noise or odour, and shall adopt all measurements for this purpose. In case the project documentation for the Construction Modifications and/or Internal Modifications contains irregularities, unclarities or is not complete, the Lessor shall require the Lessee to remedy the situation without undue delay. The Lessee shall obtain any and all consents and permits of public authorities necessary to carry out or modify the Construction Modifications and/or Internal Modifications and to use them within the Subject of the Lease after their completion and the Lessor is obliged to provide the Lessee with all reasonably required assistance.
14.11 When performing the Construction Modifications and/or Internal Modifications, the Lessee is obligated to ensure that it is in compliance with the unity of the Building. All elements which affect the exterior of the Building or the Subject of the Lease, in particular but not limited to the window blinds, shall be subject to a prior written consent of the Lessor. Within 2 months after completion of the Construction Modifications and/or Internal Modifications at the latest, the Lessee is obligated to deliver to the Lessor documentation of the as-built state of the Construction Modifications and/or Internal Modifications in an electronic and editable form, as applicable, and obtain the use approval, if necessary, for the same purpose of the lease, and further notify to the Lessor the acquisition price of such Construction Modifications and/or Internal Modifications while at the same time proving such acquisition price by delivering to the Lessor copies of invoices and tax documents on such acquisition price.
14.12 During the notice period and/or during 12 months before expiration of the Lease Term, the Lessor and/or persons authorized by it may enter the Subject of the Lease on business days in regular working hours upon a prior notice delivered 24 hours in advance, at the latest, in order to allow inspection thereof by third parties that are interested in leasing the Subject of the Lease. k. The Lessee is obligated to secure that such visitors are accompanied by its representative.
14.13 The Lessee undertakes to conclude responsible for any fixtures, effects and/or movables outside the following insurance policies in sufficient amounts for a time period commencing as from the Hand-Over Date scope of the Subject of the Lease at the latest and to maintain such insurance policies leased premises as described in full effect throughout the entire Lease Term, the insurance policies to be provided by a reputable insurance company which shall be approved in advance in writing by the Lessor. The insurance shall cover at least:
(a) Insurance of Lessee’s Fit-Out Works and Lessor’s Fit-Out Works, Construction Modifications, Internal Modifications or other construction or non-construction modifications to the Subject of the Lease made by the Lessee or by the Lessor (including the modifications that were in the Subject of the Lease of the Hand-Over Date) and insurance of damages of movable assets, stock, commercial documentation, pieces of art and valuables of the Lessee and any third party located in the Office Premises 1 or in the Common Premises 1 and Office Premises 2 or in the Common Premises 2 against natural disasters (in the minimum extent of “pojištěný živel”) with the co-insurance not exceeding CZK 100,000 for any one occurrence;
(b) insurance of damages caused by burglary, robbery and/or vandalism and damages incurred in connection with the above-mentioned perils in the Office Premises 1 and if applicable Office Premises 2 and inside of the Office Premises 1 and if applicable Office Premises 2 with the deductible not exceeding CZK 100,000 for any one occurrence;
(c) insurance of glass in the Office Premises 1 and if applicable Office Premises section 2;
(d) insurance of damages caused by business interruption of the Lessee’s busienss against the perils defined in “Pojištěný živel” with a maximum deductible of seven days and with minimum indemnity period of 12 months;
(e) business interruption insurance covering damages caused by supply interruption of energy, utilities and/or damages to utility networks in the Office Premises 1 and if applicable Office Premises 2 with indemnity period at least 6 months and a maximum deductible of 30 days;
(f) insurance of Lessee’s liability for damages caused to third parties by damages to life, health, consequential and net financial losses, personal injuries and/or environmental damages for a minimum insurance amount of CZK 50,000,000 and a maximum deductible of CZK 100,000;
(g) any and all other insurance the conclusion of which is demanded according to the Czech law. “Pojištěný živel” means the following insurance perils: fire, explosion, lightening, crash or fall or airplane, its part or cargo, flood and inundation, windstorm and hailstorm, landslide, rock and earth fall, avalanche, earthquake, weight of snow or ice, vehicle or its cargo impact, fall of tree, pole or other object which is not part of the damaged item, sonic boom and smoke, water/liquids escaping from water pipes and media escaping by failure from stable fire extinguishers and sprinklers, pipes or heating. In case any damage on the Subject of the Lease and/or the Property is covered both by the Lessee’s and Lessor’s insurance, the Lessee shall primarily use its own insurance and claim the indemnification from its insurance company. The Lessor’s insurance may be used only in the extent in which the damage is not remedied from the Lessee’s insurance.
14.14 The Lessee shall submit to the Lessor a copy of the insurance policy and a confirmation that all premiums and insurance contributions for the following insurance period have been paid within 15 days as from receipt of the Lessor’s request.
14.15 Any increase in the insurance premiums of the Lessor in connection with the activities of the Lessee or resulting from Construction Modifications or Internal Modifications and/or any other changes in the Subject of the Lease performed by the Lessee shall be borne by the Lessee.
14.16 The Lessee agrees that during its use of the Subject of the Lease, during the preparation and creation of documentation for performance of the Construction Modifications and/or Internal Modifications, during the performance of the Construction Modifications and/or Internal Modifications and/or equipping the Subject of the Lease with interior equipment, it shall observe all legal regulations, in particular, without limitation, legal regulations relating to the fire protection and protection of health and safety at work.
14.17 The Lessee hereby undertakes that it shall not place within the Subject of the Lease any equipment exceeding the capacity or overextending the technical parameters of the Building.
14.18 The Lessee will not place or permit to be placed, will not use or permit to be used, will not maintain or permit to be maintained within the Subject of the Lease, and will not bring or permit to be brought onto the Real Estate any hazardous substances, contaminants or pollutants, toxic substances or wastes, infectious materials, petroleum products, asbestos or asbestos containing materials (except immaterial amounts of ordinary cleaning materials).
Appears in 1 contract
Samples: Lease Agreement (Scoop Inc/De)
Rights and obligations of the Lessee. 14.1 The Lessee is obligated :
10.1 shall be entitled to treat the Subject undisturbed use and enjoyment of the Lease including its equipmentLeased Premises only for the purposes of conducting the Business, fixtures and facilities and any Construction Modifications for no other purpose whatsoever;
10.2 shall not contravene or Internal Modifications (as defined below) and Lessor’s/Lessee’s Fit-Out Works in a due and careful manner and with appropriate attention. The Lessee is obligated to maintain permit the Office Premises and repair or arrange for repairs contravention of any damages law, by-law or statutory regulation or the conditions of any licence relating to or affecting the Subject occupation of the Lease, which are attributable to the Lessee and for which the Lessor is not liable, including its equipment, fixtures and facilities. Further the Lessee is obligated to use the Subject of the Lease without disturbing and/or detriment to other tenants and the Building.
14.2 The Lessee is obligated to follow the rules of the Building applicable for all lessees of the Building (the “Rules of the Building”). The Lessee confirms that it has acknowledged the wording of the currently valid Rules of the Building. The Lessee is obligated to secure that the Rules of the Building are observed by the Lessee’s employees, customers, contractors, visitors, sub-lessees and other persons that are allowed to enter the Subject of the Lease with the knowledge of the Lessee (the “Lessee’s Persons”). The Lessor shall have the right to modify the Rules of the Building. The Lessee shall be obliged to observe such modified Rules of the Building starting on the 14th day following the day of its delivery to the Lessee.
14.3 Provided that the Lessee has notified the Lessor of defects of the parts of the Subject of the Lease including Lessor’s Fit-Out Works to which the warranty periods apply without undue delay and provided that such defects have not been caused by the Lessee or other persons under Section 14.2 hereof, Section 14.1 hereof does not apply to repairs, which occur during the warranty periods listed in Exhibit 8 hereof and the respective repairs are to be carried out exclusively by the general contractor of the Building Leased Premises or the Lessor’s Fit-Out Works, and/or the sub-contractor who is/are responsible for such defects at no costs to the Lessee.
14.4 Any defects carrying on the Subject of the Lease or the Lessor’s Fit-Out Works that are detected during the warranty periods, as such defects are covered by warranties listed in Exhibit 8 hereof, must be notified by the Lessee to the Lessor without undue delay. The Lessee shall be liable for damages caused by any late notification of such defects. In the event of any imminent danger, the Lessee itself shall take the necessary measures to protect the Lessor from damages or to mitigate the imminent damages of the Lessor.
14.5 Unless falling under the obligations of the Lessor pursuant 's Business thereon;
10.3 shall not in any manner whatsoever do or permit anything to Section 15.2 belowbe done that may be considered likely to damage the walls, the Lessee shall be liable for damages which are caused by failure to fulfil the Lessee’s obligations, in particular, if utility and sewage lines, toilets, and heating and floors or ceilings or any other facilities are handled and maintained improperly, or the rooms are inadequately ventilated, heated, cleaned or insufficiently protected against frost, unless such situation occurs due to the fault on the side part of the Lessor. Similarly, the Lessee Leased Premises;
10.4 shall be personally or, as the case may be, jointly and severally not install or change or interfere with any of the Lessee’s Persons liable electrical, plumbing or other equipment in the same manner also for damages which are caused by third persons, who were allowed to enter Leased Premises without the Subject of the Lease with the knowledge of the Lessee’s Persons.
14.6 If the Lessee does not meet its obligations to carry out the required repairs in accordance with this Agreement or arrange for such repairs, the Lessor shall be entitled subject to a prior written notice (or immediately in situations of imminent danger), but not obligated, to have the repairs made at the Lessee’s expense, if the Lessee does not commence the required repairs works within 3 days from the receipt of the written notice of the Lessor. In such case, the costs of these works shall be paid by the Lessee promptly but not later than 10 days after receipt of the invoice. These costs shall not exceed the usual amounts in given place and time, considering the maintenance of the Building’s quality.
14.7 The Lessee shall inform the Lessor without undue delay upon determining about the need to perform in the Subject of the Lease any repairs:
(a) specified in Section 15.2 hereof; and
(b) specified in Section 14.1 if the Lessee is not able to fulfil its obligation to repair or arrange for such repairs, provided the costs of such repairs shall be borne by the Lessee. The Lessor shall charge the Lessee for such costs, without any supplementary charges or fee by the Lessor, in a special invoice that the Lessee is obligated to pay within the maturity period of 10 days as from its delivery. The Lessor is obligated to perform all announced repairs without undue delay after their announcement by the Lessee, provided, however, that the Lessee provides the Lessor with necessary co-operation and assistance, in particular, without limitation, by allowing the Lessor and/or persons authorized by it to access the Subject of the Lease. The Lessee shall inform the Lessor without undue delay upon determining about the need to perform repairs of any defects and/or damages in the Common Premises 1 and if applicable also Common Premises 2, provided costs for repairs of the Common Premises 1 and if applicable also Common Premises 2 shall be borne by the Lessee, unless such defects have been caused by the Lessee or by the Lessee’s Persons.
14.8 In the Subject of the Lease, the Lessee is not entitled to perform, without a prior written consent of the Lessor which shall not be unreasonably withheld: (i) any structural modification, structural or construction improvements, build-in adjustments or installation of technological equipment that would have a fixed connection to the Building and/or which require construction permit or notification to a building office (the “Construction Modifications”), or (ii) any internal and/or non-structural modifications, for which no construction permit or notification to the building office is required (the “Internal Modifications”).
14.9 The Lessee shall perform any Construction Modifications and/or Internal Modifications at its own costs. The Parties have agreed that costs for any technical improvement of the Subject of the Lease performed and financed by the Lessee in line with this Agreement may be depreciated by the Lessee pursuant to valid legal regulations, and the Lessor further undertakes not to increase the initial Building price by such costs.
14.10 Prior to commencement of the Construction Modifications and/or Internal Modifications (or, prior to commencement of any changes thereto) the Lessee shall deliver to the Lessor appropriate project documentation which shall correspond to the project documentation provided to the Lessee by the Lessor and which shall be approved by the Lessor. The Lessee shall carry out the Construction Modifications and/or Internal Modifications in accordance with this Agreement, approved project documentation, conditions set out in the relevant consents and permits of the public authorities, rules and regulations determined by the Lessor and the Lessee shall be responsible for the carrying out of the Construction Modifications and/or Internal Modifications. While carrying out the Construction Modifications and/or Internal Modifications, the Lessee shall proceed so as not to disturb other lessees or users of the Building, particularly by vibrations, noise or odour, and shall adopt all measurements for this purpose. In case the project documentation for the Construction Modifications and/or Internal Modifications contains irregularities, unclarities or is not complete, the Lessor shall require the Lessee to remedy the situation without undue delay. The Lessee shall obtain any and all consents and permits of public authorities necessary to carry out or modify the Construction Modifications and/or Internal Modifications and to use them within the Subject of the Lease after their completion and the Lessor is obliged to provide the Lessee with all reasonably required assistance.
14.11 When performing the Construction Modifications and/or Internal Modifications, the Lessee is obligated to ensure that it is in compliance with the unity of the Building. All elements which affect the exterior of the Building or the Subject of the Lease, in particular but not limited to the window blinds, shall be subject to a prior written consent of the Lessor. Within 2 months after completion ;
10.5 shall be entitled to affix, paint, erect, install or display any advertising or other signs (including neon signs) on the windows, doors, exterior or roof of the Construction Modifications and/or Internal Modifications Leased Premises, subject to the prior written consent of the Lessor, provided that:
10.5.1 the Lessee shall ensure that no damage is done to the Leased Premises or the buildings thereon in the process thereof;
10.5.2 the Lessee shall keep and maintain any such signs in good, clean and proper working order and condition and shall comply with the requirements of all competent authorities pertaining to such signs;
10.5.3 all such signs shall be removed by the Lessee upon the termination of this Lease;
10.5.4 any damage caused to the Leased Premises or the buildings thereon as a result of any such removal shall be made good by the Lessee at the latestLessee's expense;
10.6 shall be entitled, from time to time, to erect in the Leased Premises such fixtures and fittings as may be required or necessary for the carrying on of any permitted Business therein, provided that:
10.6.1 such fixtures and fittings shall be of a high standard and in keeping with the general finish of the buildings on the Leased Premises;
10.6.2 the Lessee shall remove the fixtures and fittings erected by the Lessee upon the termination of this Lease;
10.6.3 any damage caused to the Leased Premises as a result of any such removal shall be made good by the Lessee at the Lessee's expense;
10.6.4 if the Lessee fails to remove the fixtures and fittings erected by the Lessee, such fixtures and fittings shall become the Lessor's property and no compensation therefor will be payable by the Lessor.
10.7 shall reasonably endeavour not at any time to do or permit anything to be done in the Leased Premises which may be or cause a nuisance or annoyance to the occupiers of neighbouring premises.
10.8 shall pay the Rental on or before the 1st of each calendar month in advance into a bank account specified by the Lessor;
10.9 shall be responsible for payment of all water and electricity expenses payable to the local authority or any other authority in respect of the Leased Premises. All municipal payments shall be made on a monthly basis, and the Lessor shall ensure that the municipal account in respect of the Leased Premises is up to date at all times so as not to cause an interruption in the supply of water and electricity to the Leased Premises;
10.10 shall assume full control of the Leased Premises for purposes of the Occupational Health and Safety Act, 1993 (Act 85 of 1 993) relating to the Premises and indemnify the Lessor against any claims that may be instituted against either Party in terms of the said Act;
10.11 shall be primarily responsible to keep the Leased Premises in a neat, safe and presentable condition;
10.12 shall be responsible for all minor repairs and maintenance of the leasehold Premises, particularly those items which need immediate attention and which the Lessees, or their employees, can do and perform on their own, including but not limited to, the Lessee is obligated to deliver to the Lessor documentation replacement of the as-built state of the Construction Modifications and/or Internal Modifications in an electronic and editable formlight bulbs, as applicablewell as the normal repair and cleaning of windows, cleaning and clearing of toilets, etc.;
10.13 shall properly maintain the Leased Premises in a good, safe, and obtain the use approval, if necessary, for the same purpose of the lease, and further notify to the Lessor the acquisition price of such Construction Modifications and/or Internal Modifications while at the same time proving such acquisition price by delivering to the Lessor copies of invoices and tax documents on such acquisition price.
14.12 During the notice period and/or during 12 months before expiration of the Lease Term, the Lessor and/or persons authorized by it may enter the Subject of the Lease on business days in regular working hours upon a prior notice delivered 24 hours in advance, at the latest, in order to allow inspection thereof by third parties that are interested in leasing the Subject of the Leaseclean condition. The Lessee is obligated shall properly and promptly remove all rubbish and hazardous wastes and see that the same are properly disposed of according to secure that such visitors are accompanied by its representativeall relevant legislation, regulations or ordinances.
14.13 The Lessee undertakes to conclude 10.14 shall at its sole expense, keep the following insurance policies in sufficient amounts for a time period commencing as from the Hand-Over Date interior of the Subject Leased Premises in as good a condition and repair as it is at the date of this Lease, reasonable wear and use excepted. This obligation would include the obligation to replace any plate glass damaged as a result of the Lease at the latest and to maintain such insurance policies in full effect throughout the entire Lease Term, the insurance policies to be provided by a reputable insurance company which shall be approved in advance in writing by the Lessor. The insurance shall cover at least:
(a) Insurance neglect or acts of Lessee’s Fit-Out Works and Lessor’s Fit-Out Works, Construction Modifications, Internal Modifications or other construction or non-construction modifications to the Subject of the Lease made by the Lessee or by the Lessor (including the modifications that were in the Subject of the Lease of the Hand-Over Date) and insurance of damages of movable assets, stock, commercial documentation, pieces of art and valuables of the Lessee and any third party located in the Office Premises 1 her guests or in the Common Premises 1 and Office Premises 2 or in the Common Premises 2 against natural disasters (in the minimum extent of “pojištěný živel”) with the co-insurance not exceeding CZK 100,000 for any one occurrence;
(b) insurance of damages caused by burglary, robbery and/or vandalism and damages incurred in connection with the above-mentioned perils in the Office Premises 1 and if applicable Office Premises 2 and inside of the Office Premises 1 and if applicable Office Premises 2 with the deductible not exceeding CZK 100,000 for any one occurrence;
(c) insurance of glass in the Office Premises 1 and if applicable Office Premises 2;
(d) insurance of damages caused by business interruption of the Lessee’s busienss against the perils defined in “Pojištěný živel” with a maximum deductible of seven days and with minimum indemnity period of 12 months;
(e) business interruption insurance covering damages caused by supply interruption of energy, utilities and/or damages to utility networks in the Office Premises 1 and if applicable Office Premises 2 with indemnity period at least 6 months and a maximum deductible of 30 days;
(f) insurance of Lessee’s liability for damages caused to third parties by damages to life, health, consequential and net financial losses, personal injuries and/or environmental damages for a minimum insurance amount of CZK 50,000,000 and a maximum deductible of CZK 100,000;
(g) any and all other insurance the conclusion of which is demanded according to the Czech law. “Pojištěný živel” means the following insurance perils: fire, explosion, lightening, crash or fall or airplane, its part or cargo, flood and inundation, windstorm and hailstorm, landslide, rock and earth fall, avalanche, earthquake, weight of snow or ice, vehicle or its cargo impact, fall of tree, pole or other object which is not part of the damaged item, sonic boom and smoke, water/liquids escaping from water pipes and media escaping by failure from stable fire extinguishers and sprinklers, pipes or heating. In case any damage on the Subject of the Lease and/or the Property is covered both by the Lessee’s and Lessor’s insurance, the Lessee shall primarily use its own insurance and claim the indemnification from its insurance company. The Lessor’s insurance may be used only in the extent in which the damage is not remedied from the Lessee’s insuranceinvitees.
14.14 The Lessee shall submit to the Lessor a copy of the insurance policy and a confirmation that all premiums and insurance contributions for the following insurance period have been paid within 15 days as from receipt of the Lessor’s request.
14.15 Any increase in the insurance premiums of the Lessor in connection with the activities of the Lessee or resulting from Construction Modifications or Internal Modifications and/or any other changes in the Subject of the Lease performed by the Lessee shall be borne by the Lessee.
14.16 The Lessee agrees that during its use of the Subject of the Lease, during the preparation and creation of documentation for performance of the Construction Modifications and/or Internal Modifications, during the performance of the Construction Modifications and/or Internal Modifications and/or equipping the Subject of the Lease with interior equipment, it shall observe all legal regulations, in particular, without limitation, legal regulations relating to the fire protection and protection of health and safety at work.
14.17 The Lessee hereby undertakes that it 10.15 shall not place within the Subject of the Lease any equipment exceeding the capacity or overextending the technical parameters of the Building.
14.18 The Lessee will not place or commit nor permit to be placedcommitted any act or omission which is in contravention of any relevant legislation, will not use rules or permit regulations prescribed from time to be used, will not maintain or permit to be maintained within time by any authorities and/or the Subject of the LeaseLessor, and will shall expressly not bring be allowed to keep or permit to be brought onto the Real Estate maintain any hazardous substances, contaminants waste materials or pollutants, toxic substances or wastes, infectious materials, petroleum products, asbestos or asbestos containing materials (except immaterial amounts of ordinary cleaning materials)contaminates on the Premises.
Appears in 1 contract
Samples: Lease Agreement
Rights and obligations of the Lessee. 14.1 The Lessee is obligated to treat the Subject of the Lease including its equipmentLessee, fixtures and facilities and any Construction Modifications or Internal Modifications (as defined below) and Lessor’s/Lessee’s Fit-Out Works in a due and careful manner and with appropriate attention. The Lessee is obligated to maintain the Office Premises and repair or arrange for repairs of any damages to the Subject of the Lease, which are attributable to the Lessee and for which the Lessor is not liable, including its equipment, fixtures and facilities. Further the Lessee is obligated to use the Subject of the Lease without disturbing and/or detriment to other tenants and the Building.
14.2 The Lessee is obligated to follow the rules of the Building applicable for all lessees of the Building (the “Rules of the Building”). The Lessee confirms that it has acknowledged the wording of the currently valid Rules of the Building. The Lessee is obligated to secure that the Rules of the Building are observed by the Lessee’s employees, customers, contractors, visitors, sub-lessees and other persons that are allowed to enter the Subject of the Lease with the knowledge of the Lessee (the “Lessee’s Persons”). The Lessor shall have the right to modify the Rules of the Building. The Lessee shall be obliged to observe such modified Rules of the Building starting on the 14th day following the day of its delivery to the Lessee.
14.3 Provided that the Lessee has notified the Lessor of defects of the parts of the Subject of the Lease including Lessor’s Fit-Out Works to which the warranty periods apply without undue delay and provided that such defects have not been caused by the Lessee or other persons under Section 14.2 hereof, Section 14.1 hereof does not apply to repairs, which occur during the warranty periods listed in Exhibit 8 hereof and the respective repairs are to be carried out exclusively by the general contractor of the Building or the Lessor’s Fit-Out Works, and/or the sub-contractor who is/are responsible for such defects at no costs to the Lessee.
14.4 Any defects on the Subject of the Lease or the Lessor’s Fit-Out Works that are detected during the warranty periods, as such defects are covered by warranties listed in Exhibit 8 hereof, must be notified by the Lessee to the Lessor without undue delay. The Lessee shall be liable for damages caused by any late notification of such defects. In the event of any imminent danger, the Lessee itself shall take the necessary measures to protect the Lessor from damages or to mitigate the imminent damages of the Lessor.
14.5 Unless falling under the obligations of the Lessor pursuant to Section 15.2 below, the Lessee shall be liable for damages which are caused by failure to fulfil the Lessee’s obligations, in particular, if utility and sewage lines, toilets, and heating and other facilities are handled and maintained improperly, or the rooms are inadequately ventilated, heated, cleaned or insufficiently protected against frost, unless such situation occurs due to the fault on the side of the Lessor. Similarly, the Lessee shall be personally or, as the case may be, jointly and severally with any of the Lessee’s Persons liable in the same manner also for damages which are caused by third persons, who were allowed to enter the Subject of the Lease with the knowledge of the Lessee’s Persons.
14.6 If the Lessee does not meet its obligations to carry out the required repairs in accordance with this Agreement or arrange for such repairs, the Lessor shall be entitled subject to a prior written notice (or immediately in situations of imminent danger), but not obligated, to have the repairs made at the Lessee’s expense, if at all times during this Agreement shall keep in good order, repair as well as clean the Lessee does Premises and every part thereof, including, but not commence limited to, fixtures, interior walls and surfaces, ceilings, windows and doors located within the required repairs works within 3 days from the receipt of the written notice of the LessorPremises. In such case, the costs of these works Any repair work shall be paid carried out by the Lessee promptly but not later than 10 days after receipt of the invoice. These costs shall not exceed the usual amounts in given place and time, considering the maintenance of the Building’s quality.
14.7 The Lessee shall inform the Lessor without undue delay upon determining about the need to perform in the Subject of the Lease any repairs:
(a) specified in Section 15.2 hereof; and
(b) specified in Section 14.1 if the Lessee is not able to fulfil its obligation to repair experienced companies or arrange for such repairs, provided the costs of such repairs shall be borne by the Lessee. The Lessor shall charge the Lessee for such costs, without any supplementary charges or fee by the Lessor, in a special invoice that the Lessee is obligated to pay within the maturity period of 10 days as from its delivery. The Lessor is obligated to perform all announced repairs without undue delay after their announcement by the Lessee, provided, however, that the Lessee provides the Lessor with necessary co-operation and assistance, in particular, without limitation, by allowing the Lessor and/or persons authorized by it to access the Subject of the Lease. The Lessee shall inform the Lessor without undue delay upon determining about the need to perform repairs of any defects and/or damages in the Common Premises 1 and if applicable also Common Premises 2, provided costs for repairs of the Common Premises 1 and if applicable also Common Premises 2 shall be borne by the Lessee, unless such defects have been caused by the Lessee or by the Lessee’s Persons.
14.8 In the Subject of the Lease, the Lessee is not entitled to perform, without a prior written consent of the Lessor which shall not be unreasonably withheld: (i) any structural modification, structural or construction improvements, build-in adjustments or installation of technological equipment that would have a fixed connection to the Building and/or which require construction permit or notification people to a building office (the “Construction Modifications”), or (ii) any internal and/or non-structural modifications, for which no construction permit or notification to the building office is required (the “Internal Modifications”).
14.9 The Lessee shall perform any Construction Modifications and/or Internal Modifications at its own costs. The Parties have agreed that costs for any technical improvement of the Subject of the Lease performed and financed by the Lessee in line with this Agreement may be depreciated by the Lessee pursuant to valid legal regulations, and the Lessor further undertakes not to increase the initial Building price by such costs.
14.10 Prior to commencement of the Construction Modifications and/or Internal Modifications (or, prior to commencement of any changes thereto) the Lessee shall deliver to the Lessor appropriate project documentation which shall correspond to the project documentation provided to the Lessee by the Lessor and which shall be approved standard acceptable by the Lessor. The Lessee shall carry out ensure that structures, engineering networks, and communications of the Construction Modifications and/or Internal Modifications Premises are used correctly by its employees and customers and are safe from damage, according to building standards and regulations in accordance with effect. The Lessee has read the Rules and Regulations of the Building attached as Appendix No 3 and forming an integral part of this Agreement, approved project documentation, conditions set out in the relevant consents and permits of the public authorities, rules and regulations determined by the Lessor and the Lessee shall be responsible for the carrying out of the Construction Modifications and/or Internal Modifications. While carrying out the Construction Modifications and/or Internal Modifications, the Lessee shall proceed so as not to disturb other lessees or users of the Building, particularly by vibrations, noise or odour, and shall adopt all measurements for this purpose. In case the project documentation for the Construction Modifications and/or Internal Modifications contains irregularities, unclarities or is not complete, the Lessor shall require the Lessee to remedy the situation without undue delay. The Lessee shall obtain any arrange for its employees and all consents other similar persons to observe and permits of public authorities necessary to carry out or modify follow the Construction Modifications and/or Internal Modifications above Rules and to use them within Regulations too. The Lessee may place its signboard (with the Subject Lessor's written approval of the Lease after their completion pattern and location thereof) outside the Lessor is obliged Premises without extra payments to provide the Lessor. All works shall be performed so that the Premises, construction structures, or communications will not be damaged. The Lessee with shall not assign, mortgage, sublet or otherwise transfer or encumber all reasonably required assistance.
14.11 When performing the Construction Modifications and/or Internal Modifications, the Lessee is obligated to ensure that it is in compliance with the unity or any part of the Building. All elements which affect the exterior of the Building or the Subject of the Lease, in particular but not limited to the window blinds, shall be subject to a Premises without prior written consent of the Lessor. Within 2 months after completion Any such assignment or subletting without consent of the Construction Modifications and/or Internal Modifications at the latest, the Lessee is obligated to deliver to Lessor shall be void and shall entitle the Lessor documentation of the as-built state of the Construction Modifications and/or Internal Modifications in an electronic and editable form, as applicable, and obtain the use approval, if necessary, for the same purpose of the lease, and further notify to the Lessor the acquisition price of such Construction Modifications and/or Internal Modifications while at the same time proving such acquisition price by delivering to the Lessor copies of invoices and tax documents on such acquisition price.
14.12 During the notice period and/or during 12 months before expiration of the Lease Term, the Lessor and/or persons authorized by it may enter the Subject of the Lease on business days in regular working hours upon a prior notice delivered 24 hours in advance, at the latest, in order to allow inspection thereof by third parties that are interested in leasing the Subject of the Leaseterminate this Agreement immediately without refunding any advance payments received. The Lessee is obligated to secure that such visitors are accompanied by its representative.
14.13 The Lessee undertakes to conclude entitled in the following insurance policies in sufficient amounts for a time period commencing as from the Hand-Over Date course of the Subject use of the Lease Premises to perform the necessary cosmetic repairs of the Premises at the latest its own cost and expense, subject to maintain such insurance policies in full effect throughout the entire Lease Term, the insurance policies to be provided by a reputable insurance company which shall be approved in advance in writing approval by the Lessor. The insurance Lessee shall cover at least:
(a) Insurance of Lessee’s Fit-Out Works and not, without the Lessor’s Fit-Out Worksprior written consent, Construction Modificationsmake any structural alterations, Internal Modifications improvements, additions and installations in or other construction about the Premises. Any structural alterations, improvements, additions or non-construction modifications installations in or about the Premises that the Lessee desires to make shall be presented to the Subject Lessor in written form together with detailed plans. The Lessee shall not commit any waste upon the Premises or any nuisance or act which may disturb other lessees in the Building. If a breakdown occurs in the public utilities supplying systems, devices or appliances, the Lessee shall promptly notify the Lessor or its representative and the institution, which manages the appropriate systems, devices or appliances. Upon occurrence of the Lease made by emergency breakdown Lessee shall take all the reasonable measures to minimise damage to the Premises and the Building. The Lessee shall: Immediately notify the Lessor on changes in legal form of its enterprise. Should the Lessee sell its enterprise or by the Lessor (including the modifications that were a part thereof or if there occur changes in the Subject of the Lease of the Hand-Over Date) and insurance of damages of movable assets, stock, commercial documentation, pieces of art and valuables of the Lessee and any third party located in the Office Premises 1 or in the Common Premises 1 and Office Premises 2 or in the Common Premises 2 against natural disasters (in the minimum extent of “pojištěný živel”) with the co-insurance not exceeding CZK 100,000 for any one occurrence;
(b) insurance of damages caused by burglary, robbery and/or vandalism and damages incurred in connection with the above-mentioned perils in the Office Premises 1 and if applicable Office Premises 2 and inside of the Office Premises 1 and if applicable Office Premises 2 with the deductible not exceeding CZK 100,000 for any one occurrence;
(c) insurance of glass in the Office Premises 1 and if applicable Office Premises 2;
(d) insurance of damages caused by business interruption ownership of the Lessee’s busienss against the perils defined in “Pojištěný živel” with a maximum deductible of seven days and with minimum indemnity period of 12 months;
(e) business interruption insurance covering damages caused by supply interruption of energyenterprise, utilities and/or damages to utility networks in the Office Premises 1 and if applicable Office Premises 2 with indemnity period at least 6 months and a maximum deductible of 30 days;
(f) insurance of Lessee’s liability for damages caused to third parties by damages to life, health, consequential and net financial losses, personal injuries and/or environmental damages for a minimum insurance amount of CZK 50,000,000 and a maximum deductible of CZK 100,000;
(g) any and all other insurance the conclusion of which is demanded according to the Czech law. “Pojištěný živel” means the following insurance perils: fire, explosion, lightening, crash or fall or airplane, its part or cargo, flood and inundation, windstorm and hailstorm, landslide, rock and earth fall, avalanche, earthquake, weight of snow or ice, vehicle or its cargo impact, fall of tree, pole or other object which is not part previous approval of the damaged item, sonic boom and smoke, water/liquids escaping from water pipes and media escaping by failure from stable fire extinguishers and sprinklers, pipes or heating. In case any damage on the Subject Lessor shall be required in connection with assignment of the Lease and/or the Property is covered both by this Agreement to the Lessee’s successor. Maintain the Premises and facilities located in them in good order according to requirements issued by relevant institutions of the Republic of Latvia and the Rules and Regulations, not allow aggravation of the Premises’ engineering and general condition, except normal wear and tear; use the Premises for purposes as per Clause 1 and Clause 2 only; be materially responsible for damages to the Building and the Premises caused through the Lessee's or its employees or customers (to the agreed Premises) fault. The Lessee shall immediately remove faults in engineering networks, as well as remove any other faults within one (1) week of their occurrence. Should the Lessee default the above obligations, the Lessor shall be entitled to arrange that faults are removed at the Lessee's expense; Allow the Lessor or its representatives to perform engineering check-up of the Premises at a previously approved time, with the Lessee's attendance ensured, and with check-up reports being drawn up and signed by the Lessor and the Lessee; Until 1st August, 2001 inform the Lessor in writing about the Lessee's authorised representative (first name, family name, address, telephone) who should act in cases of accidents occurring beyond working hours. At all times during the term of the Agreement the Lessee shall have a valid insurance policy and shall promptly pay all premiums in respect thereof, covering the Premises in an amount equal to their full replacement value, providing protection against the usual risks, including fire, vandalism, flood, malicious mischief and any other damage to the Premises. The Lessor’s insuranceinterest will be noted on the insurance policy and all proceeds will be used for the repair, restoration or reconstruction of the Building. The insurance policy will be taken out with a reputable insurance company. Furthermore, the Lessee shall primarily use its own have a valid insurance policy, covering third party liability: claims for death, personal injury and claim property damage occurring in or about the indemnification from its insurance company. The Lessor’s insurance may be used only in the extent in which the damage is not remedied from the Lessee’s insurancePremises.
14.14 The Lessee shall submit to the Lessor a copy of the insurance policy and a confirmation that all premiums and insurance contributions for the following insurance period have been paid within 15 days as from receipt of the Lessor’s request.
14.15 Any increase in the insurance premiums of the Lessor in connection with the activities of the Lessee or resulting from Construction Modifications or Internal Modifications and/or any other changes in the Subject of the Lease performed by the Lessee shall be borne by the Lessee.
14.16 The Lessee agrees that during its use of the Subject of the Lease, during the preparation and creation of documentation for performance of the Construction Modifications and/or Internal Modifications, during the performance of the Construction Modifications and/or Internal Modifications and/or equipping the Subject of the Lease with interior equipment, it shall observe all legal regulations, in particular, without limitation, legal regulations relating to the fire protection and protection of health and safety at work.
14.17 The Lessee hereby undertakes that it shall not place within the Subject of the Lease any equipment exceeding the capacity or overextending the technical parameters of the Building.
14.18 The Lessee will not place or permit to be placed, will not use or permit to be used, will not maintain or permit to be maintained within the Subject of the Lease, and will not bring or permit to be brought onto the Real Estate any hazardous substances, contaminants or pollutants, toxic substances or wastes, infectious materials, petroleum products, asbestos or asbestos containing materials (except immaterial amounts of ordinary cleaning materials).
Appears in 1 contract
Samples: Loan Agreement