THE RENT AGREEMENT
No. 5/8 July 05, 1999
The closed joint-stock company "MSU Science Park", hereinafter referred
to as "Lessor", presented by the executive general director Xxxxxxxxx X.X.,
operating on the basis of the Charter, on the one hand, and ZAO "TriD Stor
Vostok", hereinafter referred to as "Tenant", presented by the General Director
I.E. Xxxxxx, operating on the basis of the Charter, on the other hand, have
concluded the present Agreement as follows:
1. Subject of the Agreement.
1.1 The Lessor transmits, and the Tenant hires (without the right of
repayment) the following uninhabited locations hereinafter referred to as
"Locations"), on the territory of the MSU Science Park:
Building No. 5 Locations No. 513A, 514, 522 total square of 59,4
sq.m.
1.2 The Tenant uses Locations for its activities according to the
presented concept and (or) affirmed project. The Tenant can change the sphere of
activities, agreed at the conclusion of the present Agreement, under written
consent of the Lessor.
1.3 The rent period is from July 01, 1999 until December 30, 1999.
2. Obligations of the Parties.
2.1 The Lessor will:
2.1.1 After signing of the present Agreement, allow the Tenant to
use Locations indicated in item 1.1 of the Agreement, under the Acceptance
Report.
N.B.: The Lessor can leave the Location by parts upon their
availability to maintenance under the Acceptance Report.
2.1.2 Allow the Tenant use of all shared locations and different
services for additional payment.
2.1.3 Make overhaul of Locations occupied by the Tenant, together
with overhaul of buildings and engineering networks on the territory of the
Lessor.
2.1.4 In case of crashes affecting Locations of the Tenant, which
occurred without the Tenant's fault immediately take all measures on their
removal.
Engineering communications can be switched off in case of emergency
(crash, breakage, etc.). In these cases, the Tenant will not ask for lowering
payment under this agreement or for compensation of damages.
2.1.5 Respect other conditions, foreseen by the present Agreement
and the Charter of MSU Science Park MTY.
2.2 The Tenant will:
2.2.1 Use Locations according to item 1.2 of the Agreement only for
mutually agreed activities.
2.2.2 Respect the service regulations, monitor fire safety according
to the Instruction from 03.04.95 "Measures of fire safety in the MSU Science
Park locations" and sanitary status of Locations before leaving them.
2.2.3 In the periods, fixed herein, pay for the rent, services and
operation costs of the Lessor connected to the Locations.
2.2.4 Not make any re-planning and re-equipment of the leased
Location without a written permission of the Lessor.
2.2.5 Make, at his own expense, the necessary current repairing of
the leased Location, as well as its thorough repairs connected to his
activities; the Tenant makes the necessary repair of Location as agreed at
signing the contract in size and periods defined by a padding agreement to the
present Agreement.
2.2.6 Dispose his and related organizations' logos, signboards and
pointers at his own expense in places agreed with the Lessor. After termination
of the rent, he will remove all signboards, made inscriptions, etc.
2.2.7 Inform the Lessor, in writing in two weeks prior his
forthcoming release, and hand over the Location to the Lessor according to the
Acceptance Report in a normal state of operability, with allowance of natural
wear and tear.
Note: The Location will be released with the participation of the
Lessor's representative.
2.2.8 In case the Tenant leaves Location before the rent expires or
due or termination of the Agreement, he pays the amount needed for making
thorough and current repairing, imposed as his duty but not carried out.
2.2.9 Transmit to the Lessor free after expiration or advance
termination of the Agreement all modifications, alterations and improvements,
made in leased Location, which make its integral part and can not be removed
harmlessly.
2.3 The Parties will respect confidentiality of all the information
and trade secrets, arising as a result of conclusion and execution of the given
Agreement.
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3. Payment Terms.
3.1 The Tenant pays to the Lessor for Location, mentioned in item
1.1 herein, the rent, including operational costs and expenditures connection to
its servicing, at a rate of 230 US dollars for one square meter of leased
premises annually, including VAT, in RUR at the rate of Central Bank of Russia
at transfer date.
The payment is made on a quarter basis, not later than on 15th date
of the first month of each quarter.
3.2 The value of rent can be changed under the mutual agreement due
to the change of servicing the leased premises.
The padding rent is paid upon the invoices from the Lessor.
3.3 The final settlement of all payments is made in the end of each
quarter, basing on actual expenditures of the Lessor. The difference upon
recalculation is paid by the Tenant.
4.
4.1 In case of delay, the Lessor pays fine at the rate of 0,3% of
the sum due per each day of delay.
4.2 For non-fulfillment of any obligation upon the present
Agreement, the Tenant pays a penalty of 10% from annual rent.
4.3 Payment of sanctions upon the present Agreement does not release
the Tenant from execution of his obligations or elimination of violations.
5. Maintenance of Order and Use of Locations.
5.1 The Lessor is not responsible for any faultiness detected after
signing the Acceptance Report. The Tenant can not require their elimination or
remedial.
5.2 The Lessor is not responsible for safety of property in leased
locations, as well as of property outside the locations.
5.3 The Tenant bears responsibility for damage being a result of his
activities or activities of third parties, using the Locations with his consent.
The Tenant will remove or reimburse this damage.
5.4 The Tenant immediately informs the Lessor of any faultiness in
the Locations. The Tenant is responsible for any damage not in his guilt, but
about which he has not informed the Lessor in time.
5.5 The Tenant can make redecoration, including walls decoration,
coloration and coating the floors.
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5.6 Maintenance of entrance halls, corridors, ladders and shared
locations is the responsibility of the Lessor.
5.7 Maintenance of adjacent territory and access roads is the
responsibility of the Lessor.
5.8 Changes, re-equipment and re-planning of Locations at the
expense of the Tenant can be carried out only with a written permission of the
Lessor. The permission can be given only provided that after ending of rent the
Tenant puts Locations in a primal state at his own expense.
5.9 If the changes, made by Tenant under the written coordination
with the Lessor, remain after termination of the Agreement, the Tenant can not
claim reimbursement of their cost.
5.10 The Tenant will not conduct operations, which can hinder other
clients of the Lessor, on working days from 9 AM till 6 PM.
5.11 The Tenant or his representatives can enter the leased
Locations on working days during working hours. The entrance in other time will
be agreed with the Lessor in writing.
5.12 Installation in Locations of heavy equipment (over 100 kilos
weight) is subject to checking of its correspondence with the ultimate load on
the floor and with a written permission of the Lessor.
5.13 Stacking or installation of equipment and subject of the Tenant
outside of leased Location is forbidden. If by way of exception the Lessor gives
a temporary permission on such a location, the Tenant bears responsibility for
any damage, connected to it.
5.14 The vehicles of the Tenant and his employees are to be disposed
on parking place of the Lessor at additional expense and in the order, fixed by
the Lessor. Parking of the Tenant's vehicles or those upon his order in other
places is allowed only for loading and unloading.
5.15 The Tenant is responsible for any damages caused by his means
of transport, arrived upon his order.
5.16 In case of contamination by the Tenant's vehicles of the land
lot or Locations, the Tenant will remove the contamination immediately.
5.17 The Tenant will place his wastes in the containers, specially
assigned for this purpose. If the size of scraps exceeds a size of the
container, the Tenant will export scraps from the Lessor's territory by himself.
Allocation of scraps near to containers or on other sites of territory is
forbidden.
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5.18 For the development of the Science Park infrastructure, duly
overhaul of buildings and engineering networks, improving operation of leased
Locations, the Lessor can attract padding resources of the Tenant on conditions
defined by follow-up agreements.
6. Change of the Agreement and Resolution of Disputes.
6.1 The changes and additions to the present Agreement are real only
under written consent of both Parties.
6.2 In case some provisions of the present Agreement lose force,
other provisions remain valid.
6.3 Any dispute and inconsistencies relating the present Agreement,
the Parties try to settle by means of negotiations. If the Parties can not
achieve the compromise, the dispute is authorized in the order fixed by the
legislation of the Russian Federation.
7. Advance Cancellation of the Agreement.
7.1 The present Agreement can be terminated in advance:
7.1.1 On mutual consent of the Parties on conditions defined by the
appropriate written agreement, but not contradicting to the present Agreement
and to the obligations of any Party before the third persons.
7.1.2 At advance cancellation of the Agreement under the initiative
of the Tenant, he can not claim returning of the paid rent and other premiums
for the unused rent period.
7.2 The agreement is subject to advance cancellation, and Tenant to
eviction:
7.2.1 In the case of usage by the Tenant of the building or Location
(as a whole or in part) not according to the lease Arrangement.
7.2.2 If the Tenant worsens the state of a Location intentionally or
on imprudence.
7.2.3 If the Tenant has not paid the rent within two months after
written warning of the Lessor.
7.2.4 If the Tenant does not make overhaul in case it is his duty
upon the Agreement.
7.2.5 In case of state necessity for a leased Location (with return
to the Tenant of the paid rent and other payments for the unused rent period).
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8. Force Majeure.
8.1 The Parties are released from partial or complete violation of
the obligations under the present Agreement, if this violation was caused by
force majeure, arising after signing of the present Agreement as a result of
extreme circumstances (natural disasters, operation and acts of state bodies,
etc.), which the Parties could neither foresee, nor prevent by reasonable means.
8.2 In case of force majeure the performance of obligations under
the present Agreement is removed in time proportionally to duration of force
majeure and its consequences, upon agreement between the parties (coordination
protocol is necessarily attached).
9. Other Conditions
9.1 The Tenant has no paramount right on the new period of rent.
9.2 The present Agreement is in two copies of identical legal force,
one for each party.
10. Legal Addresses and Properties of the Parties.
10.1 Lessor:
ZAO Science Park MSU
119899, Moscow
Vorobyovy gory, 1
building 75
Moscow State University
Science Park
Account No.: 40702810400040000875 in CB "Moscow Lights"
BIC 044525983
Correspondent account 30101810700000000983,
INN 7729088180,
OKONH codes 95120, 95400,
OKPO code 17363304
10.2 Tenant:
ZAO "TriD Store Vostok"
119146, Xxxxxx, 0xx Xxxxxxxxxxxx xx., 0
Account 40702810500008996710 in "CB Bank Austria
Creditanshtalt"
Correspondent account 30101810400000000746
BIC 044525746
OKPO code 49930006
OKONH 95120
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Lessor: Tenant:
Acting General Manager General Manager
of MSU Science Park of ZAO "TriD Store Vostok"
/s/ X.X. Xxxxxxxxx /s/ I.E. Xxxxxx
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X.X. Xxxxxxxxx I.E. Xxxxxx
The translation was made by Xxxxxxx X. Xxxxxxxxxx completely and
correctly on 6 pages on November 05, 1999.
General Director I.E. Xxxxxx
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