The leasing contract
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
The leasing
contract
Contract
number: m07h2b
Firma
Siegburg road number: 220 5103 0471
Between
Xxxxxxxxx
00 Xxxxxxxxxxxxxxxxxxx XxX constituted under civil law
Represents
by the executive and authorized shareholder Xx. Xxxxxxx Xxxxxxxxxx, Widen Xxxxx
xxxx 00, 00000 Xxxxxxx.
Telephone
Number:000 00 00 00 00，Fax：000 00 00 00
00
E-mail：X.Xxxxxxxxxx@xxxxxxxxxx-xxxxxxx.xxx
Xxx
X,Xxxxxxxxxx Xxxx.Xxx,Xxxxxxxxxx xxxx:00 00000 Xxxxxxxx
Telephone:00000
000000,fax:00000 000000 .Mobil:0171 5332877
E-mail:
Wolfgang, xxxxxxxxxx@x.xxxxxx.xx
As the
locale building management
In the
following will be as lessor named
And
Perfectenergy
GbmH
Xxxxxxxxx
00
00000
road Xxxxxxxx
（district court is
Siegburg HBR 9874）
Represents
by the general manager Xxxxxxxx Xxxx, Taas, Tannenweg 8, 53757 Road
Xxxxxxxx
E-mail:
contact@haasmt,com
In the
following will be as lessee named
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
Content
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Preliminary
remark
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3
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§
1—the object which will be leased, the status as well as its
equipment.
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3
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§
2—The purpose for the lease
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4
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§
3—period of tenancy and the time limit
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4
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§
4—rent, the overhead expense, the prepayment amount of the operation
costand the value added tax
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4
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§
5—deposit of a security for the lease
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7
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§
6—the adjustment of the lease
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7
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§
7—the balance, the right of retention and the decrease
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7
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§
8—sublease
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8
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§
9—the correction and the architectural changes
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8
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§
10—the maintenance and repair in the leased area
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9
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§
11—the lien for the lessor
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9
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§
12—enter in the leased area should be accompanied with the
lessor
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9
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§
13—the termination of the lease term
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10
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§
14—advanced termination of the lease term ( in the case of unexpected
cancel of the lease contract and its compensation
accordingly
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10
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§
15—protection against competition
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11
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§
16—insurances
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11
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§
17—liability
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11
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§
18—full-fledged member of the lessor
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12
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§
19—duty to implement safety precautions
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12
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§
20 —repair, expansion and the grant for the building cost
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12
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§
21—advanced termination of the contract
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12
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§
22—closing provisions
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13
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The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
Preliminary remark
Lessor
here we mentioned is the owner of the immovable property in Xxxxxxxxx 00 xx
00000 Sankt Xxxxxxxx together with the building we following
mentioned.
§ 1—the object which will be leased, the status as well
as its equipment.
The
object which will be leased is the area of the hall H2b together with the office
and social communication rooms as well as the four cars’ parking lots(number
10,11,12 and 13) which belong to the leased place.
The area
which will be leased concludes the following three parts in details
160 m2
storage depots
30 m2
passages
125 m2
office and social communication rooms
The
leased area we mentioned before is marked in the way of sketch plan in the
enclosed attachment one and attachment two) in the color of
yellow. The area which directly located before the leased place (between the
parking lot number 8 and number 7, marked with criss-cross yellow lines place)
can be used by the lessee as loading and unloading area for container and trucks
which are used to deliver goods.
If the
leased area is less than +/- 5% than we mentioned above, either the lessor or
the lessee has no right to ask more or less interests of the rent.
The
lessee has the obligation to assure that the nearby area of the leased place of
the building as well as the estate of Xxxxxxxxx 00 will not be damaged by
himself or his suppliers or clients or the visitors everyday（including the
night time）
All of
the leased rooms and leased areas listed in item 1 as well as the current
status, besides its equipments should be acknowledged by the lessee by way of
visiting them personally. The two parties agree that the repair and maintenance
as well as its rebuild will be conducted according to the items in the
attachment
The
office area and the social communication rooms will use the central heating
model. In the heating phase the temperature in the rooms should be modulated to
at least 22 Grad Celsius as both of the parties negotiated. And there are no
heating systems in the area of passage and hall.
when the
lessor forwards the leased objects to the lessee, he or she should give the
lessee 2 keys for each of the outside and inside door. And if the lessee wants
to have more keys, he should equip them by himself.
before
the lessor forwards the leased place to lessee, the two parties should look over
the leased objects. In order to assure the leased objects, especially the items
negotiated in the attachment 5 in terms of the repair and rebuild, both of the
parties should draft a protocol in written form which should be signed on the
paper as well.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
§ 2—The purpose for the lease
the
lessee plans to use the leased place in the scope of his business as the storage
depot, show room and office area, especially in the field of renewable
energy/solar energy.
the
lessor has no idea what the purposes for the lessee who leased the area and the
lessor does not guarantee that it is available or qualified for the lessee to
use the area in whatever purposes.
The cost
in the course of obtaining the necessary governmental documents regarding usage
of the leased area should be paid and / or compensated by the lessee
himself.
if the
lessee wants to change the usage items of the leased area. He should gain the
agreement in written form from the lessor in advance. And the lessee should take
the risks for each of the potential changings.
§ 3—period of tenancy and the time limit
the lease
relationship is from Dec.1 2007 to Nov, 30 2010
The
lessee is authorized to use the leased area and conduct the repair and rebuild
the space. After the lease paid the lease deposit before Nov. 1. 2007 he is free
to use the area.
Only if
the lessee informs the lessor in prior 6 months that he does not want to keep
leasing the area in written form (until Oct. 10.2010), otherwise the lease
relationship term will extend 2 years automatically, in this case the
regulations for the lease will follow §6 to be implemented.
If either
of the two parties is not informed by the other party in prior 6 months before
the end of the validity of the contract in written form, it is not necessary to
make a declaration. The lease relationship will be extended for one year
according to the regulations in §3 item 2 in terms of the continuance of the
leased area. This procedure is effective for each continuance of the contract in
the future.
when the
period of tenancy is expired, for however jurally reason, we will not use the
regulations in the § 545 civil law book to make any judgments.
§ 4—rent, the overhead expense, the prepayment amount of
the operation costand the value added tax
the net
rent （divided
payments）for
all the leased space as it is mentioned to the lessee in § 1 item 1 amounts to
as follows in details
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
From
Dec.1 2007 to Nov, 30, 2008 in Euro 1,000 not including VAT
From Dec,
1, 2008 to Nov, 30, 2009 in Euro 1,000 not including VAT
From Dec.
1, 2009 to Nov, 30, 2010 in Euro 1,200 not including VAT
When the
lessee chose to continue the lease contract, it will be 2 years and the net rent
will be reconsidered under the regulations described in §6
The
lessee has to pay the leased area in proportion to the all areas which belong to
the estate of Xxxxxxxxx 00 all the operation cost which related to the
cultivated estate.
The
operation cost includes all the cost related to the leased objects according to
the regulations described in §2 the regulations regarding the operation cost
(operation cost calculation regulation on Nov. 25. 2003 attachment 3).Taking the
jurally regulations, specially the operation cost calculation regulation into
consideration, more cost items as the operation cost should be added, in the
terms of the lease contract, the so called operation cost which includes the
following items in details
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a.
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All
the cost of the operation and maintenance and the estimation regarding the
existing plants or equipments, including the operation and the maintenance
of the communal antenna as well, the wire connection when it is available.
The lessor guarantees that all the equipments are at normal and general
price, no costly and peculiar
equipments.
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b.
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The
cost of the operation and maintenance as well as the repair in terms of
the entrance door and inside doors as well as other mechanical equipments
in the scope of the leased area(not included cost for the
estimation and maintenance which is stipulated in the §10 item
3.)
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c.
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Land
tax amount, official tax and the insurance premium as well as the
commission, or it maybe occurs new cost in the leased
period.
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d.
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Electricity
cost in all the leased area and its
equipments
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e.
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The
cost of the water rate
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f.
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The
clean cost in all the leased area and space including the outside
grassplot and facade area.
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g.
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The
clean cost of the street and the maintenance and clean of all the outside
equipments such as the garden and footpath and so
on
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h.
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The
cost for the clean of the dirty water and
rainwater
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i.
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The
cost for the smokestack
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j.
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The
cost for the house guard
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k.
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The
cost for the insurance, including the building and liability insurance
regarding all the building and ground
complex.
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l.
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The
cost for the rubbish clean out
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The
lessee should prepay the operation cost with 300 in Euro every month, and the
lessor assures that all the above in the amount settlement template mentioned
cost is according to the current price liste. But it is not exclusive that the
price of the items increased.
The
operation cost will be paid by both of the parties in comparison the leased area
with altogether area according to the regulations stipulated in §1 item 1,in the
case that the operation cost can not be simply and directly distinguished
whether it should be taken by the lessee or the lessor. See (the amount
settlement template in attachment 4)
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
The
operation cost will be paid one time every year by the building management
organization. The invoice for the operational costs is deemed to be approved by
the lessee, unless he issues a formal objectionin written form within 4 weeks
after receipt of the invoice. According to the exceeding of payment deadline, it
is deemed to be acknowledged, if the leesor has already pointed it out in
the , In the transitional period of the lease continuation, the
amount settlement is also accepted, if the lessor had already indicated to
neglect the period of the transitional period. Cost in terms of the equipments
and the plants which be built by the lessee or for the lessee will be paid by
the lessee, so as the cost of repair and maintenance of the equipments and the
plants.
The
lessor can ask for a suitable increase of the advance payment of the operation
cost in terms of the retrospective coming fiscal year in basis on the model of
the yearly amount settlement, if we do not consider that the yearly amount of
the operation cost will be higher than the sum of the advance payment. Or the
sum of the operation cost in the last year is obviously lower then the paid
advance payment. At the same time the lessor has the right to alter the cost
factors which will affect the sum of the advance payment essentially in the
coming fiscal year and asks for the changing amount of the advance payment of
the operation cost based on the submitted preliminary billing.
In
additional, the lessee has to pay the sales tax with 19% the current rate as
well as the rent and the advance payment of the overhead expense. If the sales
tax has increased or decreased, then the tax rate will also be increased or
decreased accordingly.
the net
rent including the advance payment of the operation cost and the sales tax
together amount to the sum every month. It needs to be prepaid monthly; more
specifically it should be paid at least on the third week of the working day
every month to the lessor in the following bank account with no commission
charge from lessee. In terms of the in time payment for the sum is not the
sending date but the arrival date in the lessor’s bank account of the cost
considered as the in time payment.
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Bank
account name:
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Xxxxxxxxx
00 Assets Management Company constituted under civil
law
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Bank
name:
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hypovereinsbank
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The
serial number of the bank:
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700
202 70
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The
account:
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322
65 600
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In the
case that the lessee delayed the payment, the lessor has right to send a written
remind paper to the lessee and ask for the added cost for remind in the limit of
10, 00 Euro. Regarding each delayed payment, the lessee has to pay interest for
the debt with the basic basis interest rate through European central
bank.
The
enforcement of other compensations will keep the same and not
damaged.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
The sum
of the monthly cost should be paid at least before the time point of the
beginning of the lease relationship between two parties and expired on Dec. 1
2007.The sum includes the following items:
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Net
rent:
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1,000
in Euro
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The advance payment of the overhead
expense:
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300 in Euro
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Amount
is
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1300
in euro
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The added value tax 19%:
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247 in Euro
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Sum
payment in month:
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1547
in Euro
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§
5—deposit of a securityfor the lease
As the
security in the course of the placing of the contract when occurred obligation
of both parties, the lessee should give the lessor a deposit book with the sum
of 4,000 （in
written form means four thousand euro）in Euro after both
of the parties had signed the contract or at latest after they forwarded the
leased objects. If in the side of the lessor has not debt in the lessee, the
lessor should give the deposit book back to the lessee at latest in 6 months
after the lease relationship ended.
The
lessor can consider all the uncontested or legal which stipulated in the lease
contract account payable, which should be paid by the lessee from the beginning
he leased the objects, as safe in considering the security. For the requirement
of security of the payment, during the lease period the lessee has the
obligation to increase the caution money which be negotiated by the two parties.
If the lessee do not pay the rent and related cost within 14 days as negotiated
before, the lessor has right to send written requirements and following send the
written remind paper where also sets a suitable final deadline for the payment,
yet the lessee did not pay the cost, the lessor gains the right to cancel and
break the lease relationship without any notice in advance.
§ 6—the adjustment of the lease
The two
parties are entitled to ask for the lease adjustment, after the negotiated lease
time is expired. The principia of the lease adjustment based on the price index
for the standard of living of all the private families in Germany which is
stipulated by the federal statistical bureau .
§ 7—the balance, the right of retention and the decrease
Only in
the case that the counterclaim is proved to be uncontested or legal, the lessee
is permitted to ask for the balance and the enforcement of the right
of retention regarding the debt from lessor,
Besides,
the lessee only has the right to decrease the rent in the future not for the
current, when he in prior 14 days presents detailed and relevant mistakes
regarding the payment of the rent in written form, and the purposes for the
decrease and the suggested payment amount should also be informed to the lessor
in written form.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
§ 8—sublease
It the
lessee wants to sublease the leased objects, he should get the agreement from
the lessor in advance in written form.
§ 9—the correction and the architectural changes
the
lessor is permitted to make some necessary corrections and architectural changes
so that to maintain the leased objects or the area, or to avoid the serious
risks or to take the damages out, in this case it is not needed to gain the
agreement from the lessee, so as the work which is although not necessary but it
plans to be good for the modernization of the leased objects is available, so
long the lessee has rational reason to make the changes and correction. If the
lessee had considered and kept the passable of the space, then the implements in
correction and changes should not be objected.
In the
emergency case, the corrections and architectural changes in the leased area
should be negotiated together by the lessee in the terms of the following
points: this work with a rational term together should be informed to the lessor
in advance and it is also necessary to follow the stipulated rational term to
finish the work.
the
lessee has right to make architectural changes on the leased objects in the
requirement of his own business operation und he should bear all the related
cost as well. If the changes do not need get any governmental approval and will
not affect the supply line of other lessees in the building of Xxxxxxxxx
00.
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a.
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Before
the implements of the architectural changes, the lessee should submit the
drafted plan to the lessor to gain the written agreement from him. After
lessee got the agreement from lessor, he has obligation to get the public
and legal and governmental approval. In the course the lessee bears all
the cost and expense, as well as the cost for enforcement of the
architectural changes and its farther maintenance and
repair.
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b.
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The
lessee is responsible for all the damages which appear in the course of
architectural changes. Regarding all the damage cases which related to the
architectural changes which will all be taken by the lessee and it has
nothing to do with the lessor.
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c.
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The
following points will be considered to the architectural changes which are
conducted by the lessee by the end of the lease
relationship:
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aa)
according to the regulations stipulated in §9 of item 2, if the architectural
changes which was implemented in the time point by the lessee but without any
agreement from the lessor, then the lessee has the obligation to make the
changes return to the original status.
bb)
according to the regulations stipulated in in §9 of item 2, if the architectural
changes which was implemented with the in time agreement from the lessor or with
the supervened agreement from the lessor, then for any enforcement of
architectural changes is the lessor responsible, the lessee do not have to pay
any compensation to the lessor.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
§ 10—the maintenance and repair in the leased area
the
lessee has the obligation to maintain and beautify the leased area and the
collective plants and blow the pests away.
the
lessee has the obligation to regularly conduct the repair for the beauty in time
and in all around according to the basic principles which formed in the course
of administration of jurisdiction during the period when the lease relationship
is existing.
the
lessee has the obligation to maintain or repair the equipments for the lamps and
the xxxx, locks, water faucet, toiler washer, the heating equipments and boiler
and at his own cost, as long as the sum of the cost in the side will not be more
than 200 in Euro. And the lessor will bear the additional cost regarding the
maintenance and repair. And the lessee additionally has to replace the damaged
glass panes, if the damages are caused by the lessee or his colleagues, or
visitors or consigners.
if the
lessee do not follow the above mentioned obligations, although the lessor
reminded the lessee in written form and gave him or her a suitable and legal
deadline, in this case the lessor has the obligation to pay the cost of all the
maintenance and repair and so on works. By the risk of payment default, there is
not necessary to set a deadline.
the
lessee has to show the damaged points on the leased object. He gives up all the
compensations which paid in the area of maintenance and repair, and the lessee
will not ask the lessor for help under this situation within a suitable term. By
the risk of payment default, the lessee has to take necessary action so that he
protects the lessor from other unavoidable damages.
the
lessee has the obligation to replace the damaged leased xxxx and objects as well
as the equipments which belong to the leased xxxx and objects, if these xxxx and
objects are damaged by his colleagues in the operation team or the subtenants,
visitors, suppliers or craftsmen and so on, or if the lessee has paid the Third
Party Liability Insurance.
§ 11—the lien for the lessor
the
lessee has obligation to inform the lessor as soon as possible in the case of
the mortagage for the introduced xxxx through the third party.
If the
lessee has delayed to pay the rent more than one month, in order to make sure
the security of all debt to the lessor as it is stipulated in the lease
contract, the lessee has the obligation to forward all the existing and
potential new coming cost which the lessee gets from the third party who
subleases the area as the sum of rent to the lessor.
§ 12—enter in the leased area should be accompanied with
the lessor
If the
representative of the lessor wants to confirm the necessities of arrangements
for the repair and maintenance, he is permitted to enter in the leased area
during the business hours, only has he made an advanced appointment on schedule,
and the lessee can accompany with the lessor during his visit.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
If the
lease relationship is expired or the lessor wants to sell the leased objects,
the representative of the lessor can take the potential lessees to visit the
area during the business hours, if he has made an advance appointment on
schedule. If they want to visit the area on Sunday or on holiday, an advanced
agreement from the lessee is necessary.
The
lessee agrees lessor or his full-fledged members enter in the leased area in the
emergency cases and no advanced appointment is Ok. And in the emergency cases
the building management organization will give the key for the area to the
lessor.
§ 13—the termination of the lease term
when the
lease relationship is terminated, the lessee has to clean all the leased place
and objects and submit all the keys, including which he duplicated at his own
cost.
Regarding
the keys which be duplicated by the lessee himself, the lessor will not give any
claim back. If he lessee does not follow his obligation to give all the keys
back, then the lessor has right to open the area at the expense of the lessee or
confect new keys.
when the
lease relationship between the two parties has been terminated, then all the
equipments, including the advertising structure which the lessee has decorated
at the leased area will be disposed on demand of the lessor, and if it is
possible, the lessee has to return all the leased area and objects to the
original status at his own cost as he leased them.
the cost
which taken by the lessee and caused by the architectural changes will not be
considered to give back to lessee.
which
will be judged by the standard that the people can see it clear on the street,
and the presentation term of the new address can be lasted one year, after the
lease relationship of the two parties has been terminated.
§ 14—advanced termination of the lease term ( in the
case of unexpected cancel of the lease contract and its compensation accordingly
Both
parties to the contract have right to cancel the contract unexpected（without any
notice）only
in the case that they have very important reason for the action.
In the
following cases, the lessor is entitled to cancel the lease contract or withdraw
from the contract
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a.
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The
lessee is still in arrears with at least two month rent sum debt, although
the lessor has reminded him to pay the rent sum in written form( see the
regulations in §4 of term 5)
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b.
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Although
the lessor had reminded the lessee or the sub-lessee that they should not
object to the contract terms during the usage of the leased area in
written form, yet it does not
works.
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The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
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c.
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If
an extra curial procedure and which is good for the liquidation of the
debts as well is conducted or the lessee stops to pay the rent or because
some other reasons the lessee has to conductinsolvency proceedings, then a
termination of the contract can be implemented, only after that the lessee
has already submitted the application for
insolvency.
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d.
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The
lessee or his colleagues, clients, suppliers, or the similar third parties
had seriously disturb or defame the lessor. Other lessees or the third
parties, and it does not works with the written remind and warning from
the lessor.
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If the
lease relationship is terminated in advance by the lessor for the reason from
the lessee without any notice (such as the lessee uses the area which objects to
the terms in the contract or owe the rent) or because of some other reasons
which is responsible for the lessee, then the lessee has to bear all of the loss
which the lessor takes, specifically speaking are the debts as follows: the
leased area leave unused after the lessee moves away or the area is leased at a
lower price and so on other loss which caused by the advanced termination of the
contract. The liabilities of the lessee will be lasted until the negotiated
lease term is terminated.
The least
losses which the lessee should bear in this situation is to keep paying the rent
and the potential associated costs until the lease term is terminated, so long
as the lessor do not ask for claim in terms of the other lease of the
area.
In the
case that the lessee has terminated the lease contract without any notice, he or
she has the right to recommend a new lessee, so long that it follows fully the
requirements as the contract stipulates and according to the objective judgments
the new lessee is reliable or the lessee guarantees that he would bear fully all
the obligations the new lessee takes.
§
15—protection against competition
The
protection against competition for the lessee will not be considered at
all.
§ 16—insurances
The
lessor has to pay the following kinds of insurance for all the building and
estate complex: the building insurance and the compulsory insurance for the
building and the estate (public liability insurance)
the
lessee is responsible to pay the general insurance for the leased objects and
especially for the public liability insurance and burglary insurance which
regards to the equipments or plants and objects he introduces.
§ 17—liability
The
lessee is responsible for the damages on the leased objects or other leased
objects which is related to the estate during the lease term of the contract,
regardless whether the damages are caused by the lessee himself or his
sub-lessee or the visitors and guests and the persons who are authorized by the
lessee (such as the craftsman, the suppliers or his performing agents). And the
sub-lessee is responsible for the damages which results from the lessee as well
accordingly, so as the organs and the colleagues.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
The
lessor is responsible for the damages on the leased objects or the objects which
are introduced by the lessee during the lease term of the contract, regardless
whether the damages are caused by the lessor himself or his visitors and guests
and the persons who are authorized by the lessor (such as the craftsman, the
suppliers and including his performing agents as well), so as the organs and the
colleagues.
§ 18—full-fledged member of the lessor
The
lessor agrees to appoint Mr., Dipl-Ing Xxxxxxxx Xxxxxxxxxx, and Xxxxxxxxxxxxxxxx
00. 00000 Xxxxxxxx as his full-fledged member. And all the declarations which
follows the regulations in the contract will be promulgated by his full-fledged
member, the declarations which are related with the company constituted under
civil law and the lessor can be released in the prescriptive form by the chief
executive officer Xx. Xxxxxxx Fasssbender or his full-fledged member. And the
declarations about the lessor are release by the company constituted under civil
law or the full-fledged members will be considered as effective in
law.
§
19—dutyto
implement safety precautions
The
lessee is responsible to implement the safety precautions and the lessor has
nothing to do with the potential damage claim for the deregulation of the safety
precautions in the leased objects or area during the lease term. If the damage
is caused by the defects of the architectural status or structure of the leased
objects, then the lessor is responsible for the elimination of the defects, even
if he has no idea about the damage before. And the lessor is responsible to
prepare for the winter straw.
§ 20 —repair, expansion and the grant for the building
cost
As it had
already stipulated in the §1 of item 4, the lessor will bear all the cost which
listed in the attachment 5 in terms of the repair and expansion as negotiated by
the two parties before. The lessor will pay 5000 in Euro as the grant for the
building cost, when some architectural measures are implemented. According to
the terms in§4 at term 4,the lessee should give the grant for the building cost
to lessor, at latest when he submits the deposit book for rent to the
lessor.
The
repairs and expansions as listed in attachment 5 should be finished as estimated
before Oct. 15. 2007. In the repairs and expansion of the entrance door and the
porch, the delivery time should be considered so that the assembly work can be
possible begin in Nov. 2007(during the lease time). The decrease of the rent for
this reason in the field will not be considered.
§ 21—advanced termination of the contract
If the
lessee has terminated the lease contract in advance, then he has the obligation
to pay the rest rent to the lessor, it will be calculated as follows: the amount
of the rest months (until on Oct. 31 2010) multiplied with 600 Euro per month
not including the value added tax.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
Anyway
the lessee has to pay the rest rent, it will not depend on whether the lessor
finds a new lessee or not.
As
compensation, he should take this situation into account that the lessor agrees
to sign a lease contract with the payment form of a sliding scale price,
specifically speaking is that the lessee pays the rent lower at the beginning
and the lessor has high investment for the lessee in the beginning.
§
22—closing provisions
|
1
|
As
far as there is not other items which be stipulated in the contract, the
legal provision and all the enclosed attachments in the contact are
considered as a part of the
contract.
|
|
2
|
The
ineffective single provision will not affect the contract, and the two
parties will cover the ineffective provision for another and effective
items in the problematic contract which will to the greatest extent follow
the sense and purpose of economy
(profits).
|
|
3
|
There
is no oral supplemental agreement. All the changes and addition of items
need to be shown in a written form.
|
|
4
|
Place
of fulfillment and the competent court of jurisdiction is
Bonn
|
|
5
|
All
the enclosed attachments are part of the
contract
|
|
Sank
Augustin on Oct, 22
2007
|
W, Neukirchen
|
|
The
lessee
|
the
lessor
|
Attachments:
Attachment
1 the storage plan
Attachment
2 the sketch of the plan in the office area
Attachment
3 the operation cost calculation regulations
Attachment
4 the template for the operation cost calculation
Attachment
5 the work of repair
Attachment
6 the contract in the case that the lessee moves away in advance
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
Die
Anlage 1
Attachment
1
LAGEPLAN
Layout
1：000
Xxxxxxxxx
Xxxxxx Augustine
Eingang
Bürogebäude t
The
entrance of the office building
TANNEN
WEG
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 0000
XXXXXX
xxxxxx
Anlage
1
Attachment
2
Scale
1：100
Buero
means office
Durchgang
means passage
Besprechungsraum
means meeting room
Xxxx
xxxxx xxxxxxxx
Xxxx 000
x0 Lager Werkstatt means warehouse and workshop
Office
125m2
Social
activity space 315m2
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
The
attachment 3
The
schedule of the operation cost
According
to §27 in paragraph 1 about the calculation regulations in the attachment 3, in
conformity with §1 in paragraph 5 about the calculation regulation for
apportionment of the operation cost in the attachment
The cost
of operation includes the following cost items; the people who has the right to
conduct earthworks in the estate or he makes good and legal use of the building
or the economic unit or the outhouse or the equipments and plants or the estate
where occurred cost belongs to the operation cost. Unless the costs as generally
conducted will be taken by the lessee directly which is not included in the
rent:
|
1
|
the
tax about the current operational estate hereby means the land tax in
particular and not the tax from the mortgage
profit;
|
|
2
|
the
cost in the water supply
|
Hereby
the cost in the use of water includes the basic fee and the rental as well as
the cost from the transfer of right to use water by the people who paid the
water cost or other kinds of transfer of water use right together with the cost
from the calculation and partition of the water supply., and the cost from the
operation of the water supply facilities which belong to the lessor or the owner
as well as the preparation plant including the materials by the use of the
preparation plant.
|
3
|
the
cost in drainage
|
Hereby
the cost in the drainage of the house and estate includes the cost in the
operation of appropriate not communal equipments and the cost in the use of
drainage pump.
|
4
|
The
cost
|
|
a.
|
The
cost from operation the central heating equipments including the operation
of flue gas installation system:
|
Hereby
including the cost of use the fuel as well as its supply and the cost of
operating current and the cost of management, the operation, the inspection and
maintenance of the equipments as well as the cost of the regular test for the
operational condition and the operation safety and the adjustment in the help of
the professional workers, and the cost for the clean of the equipments, and the
cost of measurement according to the Federal Immission Control Act, and the
rental or the cost paid in the use right transfer of the equipments as well as
other kinds of the transfer for the equipment use right together with the cost
from the calculation and partition in this operation course.
|
b.
|
The
cost in the operation of the equipments for the central fuel
supply;
|
Hereby
including the cost of fuel consumption and its delivery as well as the cost of
operating current, the cost in the inspection and clean of the equipments and
operating area
Or
|
c.
|
the
cost in the independent and commercial delivery for the heat energy
including thee equipments cost in letter a mentioned regulations, hereby
including the expense in the supply for heat energy and the cost in the
operation of the indoor equipments as mentioned in letter
a
|
|
d.
|
The
cost in the clean and maintenance of the self-contained central
heating
|
Hereby
including the cost in clean of the dregs in water and in the fuel of the
equipments, the cost of the regular test for the operational condition and the
operation safety and the adjustment in the help of the professional workers, and
the cost of measurement according to the Federal Immission Control
Act.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
|
5
|
the
cost
|
|
a.
|
The
cost in the operation of the supply facilities for the central heating
water
|
Hereby
the cost of water supply will follows the regulations in number 2 where these
costs had already considered and the cost for the heating water follows the
regulations in number 4 letter a
|
b.
|
the
cost in the independent and commercial delivery for the heat energy
including the equipments cost in letter a mentioned regulations, hereby
including the expense in the supply for heat energy and the cost in the
operation of the related indoor equipments as mentioned in letter a;
or
|
|
c.
|
The
cost in the clean and maintenance of the self-contained central heating.
Hereby including the cost in clean of the dregs in water and in the fuel
of the equipments, the cost of the regular test for the operational
condition and the operation safety and the adjustment in the help of the
professional workers.
|
|
6
|
the
cost related for the heating and warm water supply facility
construction
|
|
a.
|
The
installation of the central heating facility should be implemented
according to the number 4 letter a and number 2. If the cost items are not
mentioned in the contract.
|
|
b.
|
Regarding
the independent and commercial heating supply should follow the
regulations in number 4 and letter c) and number 2 or, if the cost items
are not mentioned in the contract.
|
|
c.
|
By
the installation of the related supply facilities for the self-contained
central heating and warm water will follow the regulations stipulated in
number 3, letter d and number 2,if the cost items are not mentioned in the
contract.
|
|
7
|
the
cost for the operation of mechanical persons or the freight
elevator
|
Hereby
including all the cost of the operation current and the cost of management, the
operation, the inspection and maintenance of the equipments as well as the cost
of the regular test for the operational condition and the operation safety and
the adjustment in the help of the professional workers, and the cost for the
clean of the equipments.
|
8
|
the
cost in the cleaning of streets and the garbage
removal
|
Herby
including cost for the cleaning of the pubic streets and the garbage removal
should be paid or the expense in the implement of related and appropriate but
not communal measures.
|
9
|
the
cost in the cleaning in indoor area and the pest
removal
|
Regarding
the cost of cleaning in indoor areas including the cost for the cleaning of the
area where the residents together used parts of the building such as the
entrance area, the passages, the stairs, the cellar and floor space and washing
room as well as the carriages of the elevator.
|
10
|
cost
of maintenance in the garden
|
Hereby
including the maintenance of all the horticultural work which contains the
renewal of the trees and grass, the maintenance in the playing court where
contains the work of renewal the sand and maintenance the ground, the entrance
as well as the access roads which is not for the pubic traffic.
|
11
|
the
cost of lighting
|
Hereby
including the cost of electricity consumption in the outside lighting as well as
the lighting which the residents together used emergency lighting in
the entrance, the passages, in stair, cellar and floor space as well as in
washing rooms.
|
12
|
The
cost in the cleaning of chimney
|
Hereby
including the cost in cleaning will be paid according to the importance tariff,
if the cost items are not considered in number letter a. Of the
contract.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
|
13
|
The
cost of property insurance and liability
insurance
|
Hereby
including specifically the cost of insurance for the building in the damage case
of fire, storm as well as water disasters and the insurance for the glass and
the liability insurance for the building and oil tank as well as the
elevators.
|
14
|
the
cost for the house guards
|
Herby
including the cost in salary and social insurance contribution as well as all
cash value performance, which the owner ( or the people who has right to use the
estate) paid to the house guard for their work, as long as the cost items are
not related with the maintenance, repair and renewal as well as the beauty
repair or the building management.
As long
as the guard work is finished by the outside organization, then the cost of
working performance mentioned in number 2 to 10 will not be
implemented.
|
15
|
the
cost
|
|
a.
|
the
cost in the operation of the communal antenna
system:
|
Herby
including the cost of the operating current and the cost regular text for the
operational functions which contains also the adjustment by professional worker
of the equipments or the cost for the use of antenna systems which is not paid
by the commercial units. Or
|
b.
|
The
cost of operation in related private distributed equipments of broadband
network
|
Hereby
mentioned the cost had already considered in letter a and in additional the cost
of the base fee for the connection of broadband network per month
|
16
|
the
cost in operation of the mechanical washing
equipments
|
Hereby
including the cost of the operating current and the cost for the inspection,
repair, and cleaning of the mechanical equipments, and the cost for the regular
test of the operational functions and safety of the equipments as well as the
cost of water supply according to the regulations mentioned in number 2, as long
as the cost items had not been considered there.
|
17
|
other
operation costs
|
Means all
the operation cost items which are not mentioned in number 1 to 16, specifically
the operation cost in the outhouse and equipments as well as the
plant.
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
Attachment
4
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
The
settlement of the operation cost
Xxxxxxxxx
00 Xxxxxx Xxxxxxxx 0000
|
X0x
|
||||||||||||||||
|
Sort
of the cost
|
Sum in Euro
|
Vevt
|
Hanowski
|
|||||||||||||
|
1,
land tax
|
7.086.83 | F1 | 0,06 | 440,45 | ||||||||||||
|
The
clean of the street
|
202,50 |
Pa1
|
0.07 | 14,46 | ||||||||||||
|
2,Water
|
638.53 |
Po
|
0.00 | 58.57 | ||||||||||||
|
3,Wastewater
|
||||||||||||||||
|
Canal
|
819.20 |
Po
|
0.00 | 56.97 | ||||||||||||
|
Rain
|
4,731.82 | F1 | 0.00 | 204.10 | ||||||||||||
|
4,
gas+wwj B+2b+Hbt
|
8,000.00 | H | 0.12 | 997.04 | ||||||||||||
|
Gas
consume
|
||||||||||||||||
|
5,general
electricity
|
772.07 | F3 | ||||||||||||||
|
6,
garbage collection
|
Dir
|
217.40 | ||||||||||||||
|
7,chimney
clean in office building
|
71.34 | F2 | 0.11 | 7.69 | ||||||||||||
|
KA+LA1
|
Dir
|
|||||||||||||||
|
8,the
wire connection
|
Po1
|
0.07 | ||||||||||||||
|
9,insurance
|
||||||||||||||||
|
Building
|
8,084.90 |
Wo
|
0.05 | 373.33 | ||||||||||||
|
Third
party liability
|
315.41 |
Wo
|
0.05 | 14.82 | ||||||||||||
|
10,
maintenance, investigation and safety(TUV)
|
||||||||||||||||
|
House+
entrance door
|
48.75 |
Po1
|
0.07 | 3.48 | ||||||||||||
|
Door,
roll-up door
|
Po3
|
|||||||||||||||
|
Maintenance
of outside warehouse
|
1,125.50 | F1 | 0.05 | 60.96 | ||||||||||||
|
Heating warehouse
|
48.75 | F2 | 0.11 | 5.25 | ||||||||||||
|
Clean
the glass in the office area
|
||||||||||||||||
|
Winter
road maintenance (snow and ice control)
|
||||||||||||||||
|
11,materials
and others
|
160.00 | 0.07 | 12.85 | |||||||||||||
|
12,guard
in the house
|
8,700.00 |
Pa1
|
0.07 | 621.43 | ||||||||||||
|
13,others
|
||||||||||||||||
|
Net
Subtotal
|
3,456.90 | |||||||||||||||
|
Value
added tax
|
||||||||||||||||
|
Gross
sum
|
||||||||||||||||
|
Advanced
payment per year(net)
|
||||||||||||||||
| H2b | ||||||||||||||||
|
New
|
288.07 | |||||||||||||||
About
300,00 Euro per month
Der
Ausbau von 125m2 Büroräumen
The
expansion in the 125 m2 office area
The
leasing contract between Xxxxxxxxx 00 company constituted under civil law and
Perfectenergy on Oct.3 2007
Attachment
5
Repair
implement according to the regulations §1,4 in the lease contract
Date: on
Sept.25. 2007
Regarding:
Xxxxxxxxx 00, xxxxxx Xxxxxxxx
Xxxx
x0x
Part Athe maintenance and
cleaning ect.
Step 1
the cleaning work
Step 2
painting all the part of the building in white color
Step 3
office in the front direction (inside) 1+2+3 in the street complete in
plasterboard Pipeline
under the plaster
Step 4
supply and assembly a heater
Step 5
installs the kitchen unit in the passage in advance
Step 6
repair the equipments for the WC, all the wall plasterboard New
fitments
Step 7
hall for the storage of the WC equipments and expand the fitments
Step 8
paining the front façade
Part B rebuild, expand the
office area
Step 1
door office 3 / close the meeting room
Step2
demolition of the walls, please see the plan in attachment 2
Step 3
installation in the first floor of the movable windows (1,48*1.07) between the
office 3 in the meeting room
Step 4
installation of the three walls ( 2* meeting 1* office expand)
Step
5 2 new door in the office 1 and meeting room
Step
6 2 new heaters with pipeline (office 3 + meeting room)
Step 7
expand the inside entrance door which is part of the office area
Step
8 install electricity in the new office area
Part C especially
improvements from the lessee
Step 1
new entrance door with the fly sheet and plating
Step 2
carpeted floor decoration in all the office area （about 120m2）
Step 3
hard and solid ramp at the entrance area which is fit for forklift
Step 4
alteration of the doors and the windows
