Exhibit 10.39
English Summary of Xxxxx signed on April 23, 2002
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between KASA GbR/Atricom GmbH and Mercator International GmbH
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(original lease is in German)
ss.1. Subject of Lease: Lyoner Xxxxxxx 00, 00000 Xxxxxxxxx/Main, for a total
of 715.43 square meters, plus 13 parking spaces.
ss.2. Purpose of Lease Space is office space.
Subleasing to third parties requires prior written consent of Lessor.
ss.3. Lease period: Starts on June 16, 2002 and expires June 30, 2007. Xxxxxx
has the option to renew the lease for a 5 year period, such option to
be lifted at least 12 months prior to the expiration of the current
lease. Lessee has an option for an additional lease of 249.43 square
meters, such option to expire on August 1, 2005.
ss.4. Termination of Lease by Lessor prior to expiration date: in the event
of "major cause" (such as regular late payments by Lessee, unauthorized
sublease by Lessee, etc.)
ss.5. Lease Rate and Related Costs: basic monthly lease rate is Euro 15,
930.54 (automatically increased on January 1 of each year in accordance
with consumer price index).
Related costs (such as cleaning, doormen, insurance, etc.), borne
proportionally by all lessees, are Euro 3,476.99 per month. Applicable
taxes on lease rate and related costs (16%) are Euro 3,105.20 per
month.
Total monthly obligation is Euro 22,512.73.
ss.6. Guaranty: Lessee provides a bank guaranty of Euro 67,538.
ss.7-14. Various (non-material) provisions including maintenance and report
obligations, changes to the space by Xxxxxx, return of the space at
termination, affixation of company name and logo on the building,
insurance, and boiler plate provisions.
ss.15. The courts of Frankfurt/Main have jurisdiction over this lease.