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TRANSLATION OF A DOCUMENT WRITTEN IN SPANISH. JANUARY 28/2000.
XXXXXXX DOCUMENTARY PAPER 7108015
1. COMMERCIAL LEASING CONTRACT.- Between the following undersigned: XXXXXXX
XXXXXX ACERO, of age, living in Santafe de Bogota, D.C., holder of
Identification: Citizenship Card No. 2.863590, issued in Bogota - in his
character as owner of the real estate property - to which this present
contract refers -, and that in its written text shall be named: THE LESSOR,
on one part - and on the other: XXXXXX XXXXX XXXXXXX XXXXXXXXX, male sex,
of age, holder of Citizenship Card No. 19.097.295, issued in Bogota, who
acts in his character as MANAGER AND LEGAL REPRESENTATIVE of the CASA
INFORMATICA S.A. COMPANY, society established in Santafe de Bogota,
incorporated through Public Deed No. 639, issued at the Notary Public's
Office No. 7 of Santafe de Bogota, on February 23, 1993, registered on June
15, 1993, bearing number 409271, of Book IX, of the Chamber of Commerce of
Santafe de Bogota, whose powers for contracting - on behalf on the Company
-, as well as for its incorporation -, copies of which -duly legalized -,
are added to this document, who - for this present contract - shall be
called: THE LESSEE, the agreement stated in the clauses of this present
contract, has been signed, which is governed by the statutes of the
Colombian Commerce Code:
FIRST.- THE LESSOR hands over to the LESSEE - on a leasing basis -, and he
declares that he receives it as such, a real estate property whose location
and limits are stated as follows: a real estate property, constructed as a
two -story construction,
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located at calle 90 No. 18 - 59, and that includes the No. 89 - 36 one, on
carrera 19 - of the present urban nomenclature of Santafe de Bogota. This
real estate property includes a land lot, having the two (2) - story, first
quality construction -on it. The real estate property - which is the object
of this instrument - is located within the following limits of its own: On
the northern side, with calle 90; on the east side, with a property
belonging to - or that used to belong to - Xxxxx Xxxxxxxxx Xxxxxxx; on the
southern side, with a property belonging to - or that used to belong to -
Xxxxxx Xxxxxxxxx Xxxxxxx; and on the west side, with carrera 19, in this
city.
SECOND.- THE LESSEE declares that he is receiving all the property - here
stated -, in perfect condition, and with normal functioning, and that he
promises to keep them in perfect preservation and functioning condition,
and to give them back (return) to the LESSOR at the end of this contract.
THIRD.- The duration term of this contract is a twelve (12) - month one -
renewable by way of common agreement between the parties - counted from
January 1st, 1996 to December 31st, 1996.
FOURTH.- RATE OF RENTAL: THE LESSEE shall pay the sum of five million
pesos, legal currency ($5.000.000), for each monthly payment, during the
first twelve (12) months. The LESSEE explicitly promises to pay its total
amount and in advanced monthly payments, on the first calendar day of each
monthly period, the stated amount, being it explicitly established that the
monthly periods are indivisible. the LESSEE promises -- END OF FIRST PAGE
OF ORIGINAL DOCUMENT IN SPANISH -- to pay the rent amount, not only for the
stipulated terms, but also, during the whole time period that he
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keeps the real estate property in his hands, on any basis, and that the
same may not have been legally and fully returned to the LESSOR; this
handing over shall not be considered legally fulfilled until the LESSOR
issues a paid - up written evidence in which he declares that the LESSEE
does not owe any amount - on account of rent payment, utilities, repairs of
any kind they may be, and the industry and commerce tax. The monthly rent
payment shall be made by the LESSEE at the following address: Xxxxxxx 00
Xx. 00 - 00 in the city of Santafe de Bogota. In case of delay in payment,
the LESSEE shall accept and pay - during this period -, to the LESSOR,
commercial interest at the monthly rate of three point five percent (3.5%),
which shall be assessed on the unpaid sums, without prejudice to the other
actions of the creditor.
FIFTH.- The real estate property shall be used as office facilities for
CASA INFORMATICA S.A.. The LESSEE shall not be able, either to transfer
this present contract, or to sublease it; either totally, or in part,
without the previous written authorization from the LESSOR; being it
understood and agreed upon, that even though such authorization might be
granted, all the other obligations stipulated in this contract - and that
are on the LESSEE, shall continue in force.
SIXTH.- THE LESSEE declares that he has received the real estate property -
which is the object of this contract - in good condition, according to the
inventory which is signed by the parties - on a separate section -, and
that - for all legal matters -, makes part of it. He, nevertheless,
promises to keep it and to return it in the same condition in which he
received it; except for deterioration due to the normal use. THE LESSEE
shall
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pay for all the repairs - pertaining to the lease -, of any kind that there
might be, up to the date of the legal and full handing over of the real
estate property to the LESSOR.
SEVENTH.- THE LESSEE declares that he is receiving the real estate
property, along with all its complete, first quality fixtures (and
fittings) - and in perfect working condition and appearance - for the use
they are intended, such as: electricity, water, sewerage, telephone -
numbers: 6 16 72 86, 6 16 76 16, 6 16 89 07, 6 11 51 63, 6 16 31 98, 2 56
39 00, 2 36 11 93, long distance call service; being it explicitly agreed
upon, that the LESSEE shall pay to the respective companies, for those
services, up to the last full month in which the real estate property be
legally and completely received, according to the inventory, by the LESSOR.
If, for some reason, any of such services, fittings or fixings were to
become out - of - order, as far as their functioning, or if the utilities
were to be suspended on account of lack of timely payment, it shall be
exclusively on the LESSEE, the getting - on his own account - of their
quick and correct functioning. Therefore, the LESSOR shall not be
responsible - at all - for the correct -- END OF PG. 2 -- CA - 7108016--
Comes from page CA - 7108015 -- rendering of the enumerated utilities.
EIGHTH.- In case that - for any reason - the telephone receivers and their
lines were to be missing, the LESSEE promises to pay for the reinstallation
of the telephone lines, and for the reinstallation of the new telephone
receivers, functioning correctly; in any case, stating in the documents of
such reinstallation, that the service and the equipment shall be
reinstalled bearing the name of the LESSOR, owner of
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the real estate property. Without the fulfillment of this solidary
obligation and of all the others that have been agreed upon and stated in
this contract, the LESSOR shall be able to refuse receiving from the
LESSEE, the real estate property, along with its respective keys;
therefore, the payment of the rent agreed upon, shall keep on being on him,
up to the completion of the month in which the LESSEE may submit to the
LESSOR all the bills paid for the total amount of said utilities, taxes,
equipment and implements that are now incorporated to the rented real
estate property; until that full month, the LESSEE promises - through this
instrument - to be responsible before the LESSOR - and the respective
companies - for all damages, prejudices - that on this account, fault or
omission - were caused to the real estate property, to its related
installations and accessories; the LESSEE is not empowered to perform any
modification to the electric, telephone, or water (hydraulic)
installations, without the previous written permit from the LESSOR.
Likewise, it is agreed upon and understood, that any damage or
deterioration found at the time of the total and legal hand over of the
real estate property, shall be repaired and paid directly by the LESSEE, to
the entire satisfaction of the LESSOR; therefore, the LESSEE is with
solidarity obliged to use the real estate property with the necessary care
and good judgment, and to return it in the same perfect condition in which
he receives it.
NINTH.- THE LESSOR shall be able to visit, at any time, the rented real
estate property; and during the final three (3) months of the leasing, the
LESSEE is obliged to allow any person, or group of persons
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authorized by the LESSOR, to visit and know in detail the real estate
property, to take pictures of all, or part of it. During said months, the
LESSOR has the right to post FOR RENT signs at the real estate property.
TENTH.- THE LESSOR does not assume any responsibility for damages or
injuries that the LESSEE may suffer for causes imputable to third parties,
on account of robbery, burglary, nor for disasters caused by fire, riot or
flood.
ELEVENTH.- THE LESSEE explicitly renounces to the right of withholding of
the rented real estate property, that - on any basis -, or for any reason,
the laws may grant him.
TWELFTH.- All repairs, adaptations, variations and reforms of any kind that
the LESSEE might wish to carry out, shall be paid by him; and in order to
make them, -- end of pg. 3 = CA 7108016-- the previous written
authorization from the LESSOR is required, as well as his latter written
acceptance. Without the fulfillment of this obligation, the LESSOR shall be
able to demand from the LESSEE, the withdrawal of the works done, as well
as the repairs due to such works, all of them paid by the LESSEE.
Therefore, the LESSOR is - here by - exempted from paying such improvements
or reforms, or of indemnifying - in any manner - the LESSEE, even in the
cases in which he might have explicitly authorized him in writing;
nevertheless, the LESSOR may demand their withdrawal, in case they are not
in agreement with the guidelines set by him. It is understood and
explicitly stipulated, that any lock or additional item that the LESSEE may
install on the inside doors or windows, or outside the real estate
property, shall not be able to be withdrawn and shall remain the property
of the
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LESSOR, without there being opportunity to recognition of any sum of money
for this reason.
THIRTEENTH.- THE LESSEE shall not be able to post on the walls, doors or
windows of the real estate property, any sign - of any nature whatsoever -
without the written authorization from the LESSOR; neither shall he be able
to keep inside the real estate property explosive substances, or any other
element that may cause damage or harm to the real estate property itself or
to people.
FOURTEENTH.- THE LESSEE, in solidarity and explicitly obliges himself to
pay the LESSOR a monthly three point five percent (3.5%) interest on any
remnant sum that may appear owed by him/them, and on any basis, from the
date the payment ought to be made, until the month of the effective remedy.
These interests cannot - in any case - be interpreted as a second sanction.
FIFTEENTH.- THE LESSEE promises to pay the sanctions, cost and fines that
the Aqueduct, Electricity, and Telephone Companies, or any District
authority may charge during the force of this present contract, on account
of the respective infringement of the respective regulations, or for not
having paid such services on time; and shall indemnify the LESSOR for xxxxx
on him, for such infringements or omissions, being part of such harm -
among others - the ones that may result from the loss of the aforementioned
services, their suspension, their reconnection, or reinstallation. It is
understood that the LESSOR may - if he considers it convenient - make the
respective payments in order to obtain the normalization of the
aforementioned utilities; likewise, he shall be able to pay for the
sanctions, taxes and fines - in these cases. Such cost ought to
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be reimbursed to him immediately, by the LESSEE, being it possible to
charge it by execution, by the simple issuance of the respective voucher,
without the need of any other requirement.
SIXTEENTH.- THE LESSEE authorizes the LESSOR to fill in - in this present
document - the blank spaces (not filled in) in this instrument. No
modification-- end of pg. 4 -- CA 7108017 -- Comes from page CA - 7108016
-- to the text (content) of this present contract shall be valid, if it is
lacking the legal written format, before Notary Public.
SEVENTEENTH.- Once expired the duration terms of leasing of this present
contract, the LESSEE promises to hand over the real estate property,
fulfilling all the solidary obligations, stated in this instrument.
EIGHTEENTH.- It is explicitly stipulated that for all effects of this
present contract, the LESSEE is solidary.
NINETEENTH.- In order to end this contract - on the part of the LESSEE - he
promises to give written and certified notice to the LESSOR with six (6)
months in advance to the date of expiry. If on expiry of the terms
stipulated as duration term of this present contract, the parties may wish
to renew such term, such renewal requires the explicit acceptance of them;
and it ought to be stipulated in writing with six (6) months in advance to
said expiry. If the aforementioned renewal were not explicitly agreed upon
in writing - within the term provided before, the tacit renewal dealt with
in article 2014 of the Civil Code, shall be limited to a one - month
period.
TWENTIETH.- The disagreements that may arise between the LESSOR and the
LESSEE, by virtue of, and in the development of this leasing contract,
shall be decided by the arbitrators appointed by the Chamber of
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Commerce of Bogota.
TWENTY FIRST.- THE LESSEE, explicitly accepts from now on, and without the
need for any notice, the following actions: a) Every transfer made by the
LESSOR in his position as owner of the real estate property, to a third
party, who taking over his rights and obligations, may substitute for him
in this contract, without there subsisting - on the LESSOR - any
responsibility; b) in case of sale of the real estate property by the
LESSOR, by this only fact, this present contract is understood to be ended,
without there remaining - on the LESSOR any responsibility.
TWENTY SECOND.- THE LESSEE shall pay for all the expenses caused by this
present contract, and for the ones due to its renewals - if it were the
case -, such as safety paper, stamp tax, acknowledgment of signatures
before competent authority, photocopies, and the expenses for the making of
this present contract.
TWENTY THIRD.- THE LESSEE submits himself to the jurisdiction of the
Santafe de Bogota judges, for all judicial effects of this contract.
TWENTY FOURTH.- THE LESSEE explicitly promises to watch over and to prevent
that the own landmarks that appear in this present contract, be perturbed,
or usurped by third parties; and it is also agreed upon, that immediate
notice ought to be given to the LESSOR in case such violations may happen.
TWENTY FIFTH.- THE LESSEE, at the same time that he legally and completely
hands over the real estate property -- end of page 4 = CA 7108017 -- to the
LESSOR, shall replace for new ones all the elements of everyday use that
may be blown or damaged, and to restore the whole amount of the things of
importance that may have been withdrawn from
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the real estate property, according to the inventory that makes part of
this present contract; to hand over the real estate property in a perfect
condition of general cleanness; to take care of the gardens, the drainage
downspouts, their racks, to the entire satisfaction of the LESSOR.
TWENTY SIXTH.- The mere delay in the rent payment, the total or partial
violation of any of the obligations agreed upon in this instrument, and
imposed by the legal regulations, give the LESSOR the right to demand from
the LESSEE and to - simultaneously - come into effect by execution as
sanction, the immediate payment of the sum of without
damage to his right to indemnification for damages; the collecting of the
amount for the rent agreed upon; the compensation for all damage, that on
account of deed, fault or omission, might have been caused to the real
estate property; and to the collection of the costs that judicially may be
assessed, if it were the case, - in which costs shall be included the
procurement in law for the lawyer who might establish any action arisen
from this contract. All of these may be simultaneously requested from the
LESSOR without the need for any requirement for declaring it in delay, or
for any other preliminary procedure appointed by law in such occasions, by
explicit renouncement that of said requirements, evictions, or other
preliminaries, previous to the establishment of the respective judicial
actions, makes in this document the LESSEE in favor of the LESSOR. It is,
hereby, expressly and clearly understood, by the contracting parties, that
in the eventuality being stated in this clause, the LESSOR shall also have
the right to consider ended or canceled this
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present contract, and to demand de immediate hand over of the real estate
property, along with the aforementioned particulars agreed upon about the
legal and contracting regime of this present contract, on account that it
is agreed upon that the LESSEE explicitly renounces to the requirements -
spoken of in articles 2035 and 2007 of the Civil Code - being made, and
also to the ones prescribed by the 2nd ordinal of article 434 of the Civil
Procedure Code. In order to be able to oppose to eviction lawsuit, the
LESSEE ought to deposit in advance the total amount of the rent owed, and
the utilities that have to be paid by him.
TWENTY SEVENTH.- for the legal matters (papers) provided in article 520 of
the Commerce Code, it shall be understood that the LESSOR has evicted the
LESSEE, simply by having handed in, to any person at the real estate
property - which is the object of this present contract -, the written
communication by which -- end of pg. 6 -- CA - 7108018 -- Comes from pg. CA
- 7108017 -- the corresponding eviction is carried out.
TWENTY EIGHTH.- It is explicitly understood by the LESSEE and accepted by
him, that any kind of improvements made to the rented real estate property,
shall automatically be in favor (the property) of the LESSOR, without there
being any right on the part of the LESSEE, to withdraw them - either
totally or partially -, neither to demand any indemnification or
reimbursement of their value.
TWENTY NINTH.- THE LESSEE shall not be able to dispose of any of the
elements that are listed in the inventory; and he shall be responsible for
the withdrawal of any of them; likewise, he promises to restitute them in
the same perfect conditions in which he receives them. For all legal
matters (effects) of this present contract, it shall be in
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force starting January 1st, 1996. In testimony of what has been said, this
present document is signed in Santafe de Bogota, D.C., on
__________________ (signed by): XXXXXXX XXXXXX ACERO ________________ ,
LESSOR (signed by): XXXXXX XXXXX XXXXXXX XXXXXXXXX _____________ , LESSEE,
CASA INFORMATICA S.A., LEGAL REPRESENTATIVE --end of pg. 7 = CA 7108018
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TRANSLATION OF A DOCUMENT WRITTEN IN SPANISH. JANUARY 31/2000.
XXXXXXX DOCUMENTARY PAPER BA-7116267
COMMERCIAL LEASING RENEWAL CONTRACT.- Between the undersigned - that is :
XXXXXXX XXXXXX XXXXX, male sex, of age, living in Santafe de Bogota, holder of
Identification: No.2.863.590, issued in Bogota, in his position as owner of the
real estate property to which this present contract is about, - on one part -,
who shall - from now on - be called the LESSOR, and on the other, XXXXXX XXXXX
XXXXXXX XXXXXXXXX, male sex, of age, holder of Identification: citizenship card
No. 19.097.295, issued in Bogota, who acts in his position as Acting Manager and
Legal Representative of the CASA INFORMATICA S.A. COMPANY, society having
headquarters in Santafe de Bogota, incorporated through Public Deed No. 639,
granted at Notary Public's Office 7th of Bogota, on February 23, 1993,
registered on June 15, 1993, bearing number 409271 of Book IX, of the Chamber of
Commerce of Santafe de Bogota, duly authorized by the Board of Directors, as it
is evidenced in Minutes No. 007, corresponding to the meeting that took place on
December 20, 1996, on the other part, who shall - from now on - be called the
LESSEE, this present commercial leasing contract renewal, has been signed, for
the real estate property located at calle 90 No. 18 - 59, that includes No. 89 -
36 on carrera 19 of this city, whose limits are stated in the contract signed by
the same parties, on January 1st, 1996, which - from now on - shall be called
the Main Contract, and according to the stipulations of the following clauses:
FIRST: The parties agree to extending the duration
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term of leasing of the Main Contract in twelve (12) renewable months, counted
from January 1st, 1997, to December 31, 1997.
SECOND: The monthly leasing price is six million three hundred fifty thousand
pesos ($6.350.000), legal currency. The leasing price shall be paid by the
LESSEE, in every case, in legal currency, which the LESSEE explicitly promises
to pay in its total amount, by anticipated monthly payments, on the first
calendar day of each monthly period. Being it explicitly established that the
monthly periods are not to be divided. THE LESSEE, is obliged to pay the price
of the rent, not only during the stipulated terms, but also, during the time
period he keeps the real state property in his hands, on any basis, and while it
has not been legally and completely restituted to the LESSOR; this restitution
shall not be considered legally fulfilled, as long as the LESSOR has not issued
written evidence of its having been paid up, in which certification he declares
that the LESSEE owes nothing, on account of rent, utilities, repairs of any kind
they might be, as well as the Industry and Commerce tax. The price of the
leasing ought to be paid, on the part of the LESSEE, at the following address:
Cra. 35 No. 89 - 21 in this city.
FIRST PARAGRAPH: The modification in the leasing price, in no case -- end of 1st
page = BA - 7116267 -- BA - 7116268 -- Comes from page BA - 7116267 - NOTE FROM
THE TRANSLATOR: THERE SEEMS TO BE MISSING SOME LINES - THE TEXT DOES NOT
CORRESPOND -- ...clause, the LESSOR shall also have the right to end or cancel
this present contract; and to demand the immediate restitution of the real
estate property, along with all the other particulares agreed upon before, about
the legal and contractual regime of this
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present contract, due to the fact that its is agreed upon that the LESSEE
explicitly renounces to the requirements spoken of in articles 2007 and 2035 of
the Civil Code, being made, an to those prescribed by ordinal 2nd of article 434
of the Civil Procedure Code. In order to be able to oppose to the eviction
lawsuit, the LESSEE ought to have previously deposited the total amount of the
rent owed, and of all the utilities that have to be paid by him/them.
NINTH: LEGAL EFFECT OF THE STIPULATIONS: All the other stipulations of the Main
Contract, remain in force - those that are not contrary to what has been agreed
upon in this present Renewal Contract. In testimony of which, this present
contract is signed on ______________________________
(signed by):_______________________
XXXXXXX XXXXXX ACERO
THE LESSOR
(signed by): _______________________
XXXXXX XXXXX XXXXXXX XXXXXXXXX
MANAGER AND LEGAL REPRESENTATIVE OF CASA INFORMATICA S.A.
END of document.
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TRANSLATION OF A DOCUMENT WRITTEN IN SPANISH. FEBRUARY 1ST//2000.
XXXXXXX DOCUMENTARY PAPER 7108019
COMMERCIAL LEASING RENEWAL CONTRACT.- Between the undersigned - that is :
XXXXXXX XXXXXX XXXXX, male sex, of age, living in Santafe de Bogota, holder of
Identification: Citizenship card No.2.863.590, issued in Bogota, in his position
as owner of the real estate property to which this present contract is about, -
on one part -, who shall - from now on - be called the LESSOR, and on the other,
XXXXXX XXXXX XXXXXXX XXXXXXXXX, male sex, of age, holder of Identification:
citizenship card No. 19.097.295, issued in Bogota, who acts in his position as
Acting General Manager and Legal Representative of the CASA INFORMATICA S.A.
COMPANY, society having headquarters in Santafe de Bogota, incorporated through
Public Deed No. 639, granted at Notary Public's Office 7th of Bogota, on
February 23, 1993, registered on June 15, 1993, bearing number 409271 of Book
IX, of the Chamber of Commerce of Santafe de Bogota, duly authorized by the
Board of Directors, as it is evidenced in Minutes No. 021, corresponding to the
meeting that took place on July 10, 1998, on the other part, who shall - from
now on - be called the LESSEE, this present commercial leasing contract renewal,
has been signed, for the real estate property located at calle 90 No. 18 - 59,
that includes No. 89 - 36 on carrera 19 of this city, whose limits are: On the
northern side, calle 90; on the east side, with property owned - or that used to
be owned - by Xxxxx Xxxxxxxxx Xxxxxxx; on the southern part, with property
belonging to - or that used to belong to - German
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Xxxxxxxxx Xxxxxxx; and on the west side, with carrera 19 in this city.
FIRST CLAUSE: The parties agree to extend the duration term of leasing of the
Renewal Contract - signed on January 1st, 1997-, in twenty four (24) renewable
months, counted from January 1st, 1998, to December 31, 1999.
SECOND CLAUSE: The leasing monthly price for the first twelve months, is seven
million six hundred thousand pesos ($7.600.000), legal currency. The leasing
monthly price - for the second twelve months -, is nine million pesos
($9.000.000), legal currency. These leasing prices shall be paid by the LESSEE,
in every case, in legal currency, which the LESSEE explicitly promises to pay in
its total amount, by anticipated monthly payments, on the first calendar day of
each monthly period. Being it explicitly established that the monthly periods
are not to be divided. THE LESSEE, is obliged to pay the prices of the rent, not
only during the stipulated terms, but also, during the whole time period he
keeps the real state property in his hands, on any basis, and while it has not
been legally and completely restituted to the LESSOR; this restitution shall not
be considered legally fulfilled, until the LESSOR has issued written evidence of
its having been paid up, in which certification he declares that the LESSEE owes
nothing, on account of rent, utilities, repairs of any kind they might be, as
well as the -- end of 1st page = 7108019 -- Industry and Commerce tax. The price
of the leasing ought to be paid, on the part of the LESSEE, at the following
address: Cra. 35 No. 89 - 21 in this city.
FIRST PARAGRAPH: The modification in the leasing price, in no case, shall be
considered as novation or existence of verbal leasing contract.
SECOND PARAGRAPH: In case of delay in the
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payment of the rent, the LESSEE shall admit it, and shall pay during this time,
to the LESSOR, commercial interest at the rate of 3.5% - monthly - which shall
be assessed on the basis of the unpaid sums, without damage to the other actions
of the creditor.
THIRD CLAUSE: It is explicitly stipulated that for all effects of this present
contract, the LESSEE (S) is/are solidary.-
FOURTH CLAUSE: THE LESSEE authorizes the LESSOR to fill in the blank spaces
there might remain in this document (Article 18 Law 46 of 1923).
FIFTH CLAUSE: THE LESSEE with solidarity and explicitly promises to pay to the
LESSOR, 3.5% monthly interest on any residual amount that might appear - on him
-, and on any basis, from the date in which the payment ought to be made, until
the month in which effective remedy be given; such interests - in no case -
shall be interpreted as a second sanction.
SIXTH CLAUSE: It is explicitly agreed upon and accepted - on the part of the
LESSEE - that - in no case - he shall be able to directly request from the
EMPRESA DE TELECOMUNICACIONES of Santafe de Bogota, new telephone lines to be
installed in the rented real estate property; all the other request related to
such purpose, shall be through, and to the name of, the LESSOR - OWNER.
SEVENTH CLAUSE: It is explicitly stipulated that in no case, the LESSEE shall be
able to demand or exercise the right, or withholding action - for any reason -
arisen from this present contract.
EIGHTH CLAUSE: The sole delay in the payment of the monthly rent; the total or
partial violation of any of the obligations agreed upon in this instrument; and
imposed by the legal norms, give the LESSOR the right to demand from the LESSEE
and to - simultaneously -
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declare final - and on a sanction basis -, the immediate payment of:
__________________________________, without damage to his right to
indemnification for damages; the collecting of the rent amount, agreed upon; the
compensation for every damage that on account of fact, fault or omission, might
have been caused to the real estate property; and the collecting of the costs
that - judicially - would be assessed, if it were the case. In these costs it
shall be included the procuration in law of the lawyer that establishes any
action arisen from this contract; the LESSOR is entitled to simultaneously -
request all of this, without the need for any requirement - in order to place it
under delay, or for any other preliminary step appointed by law in such cases,
through the explicit renouncement, in this instrument on the part of the LESSEE
to these requirements, evictions, -- end of pg. 10 -- CA - 7108020 -- Comes from
page CA - 71 08019 -- and other preliminaries before the establishing of the
respective judicial actions, in favor of the LESSOR. It is explicitly agreed
upon, and it is clearly understood by the contracting parties, that in the event
- spoken of in this clause, the LESSOR shall also have the right to end or
cancel this present contract; and to demand the immediate restitution of the
real estate property, along with all the other particulares agreed upon before,
about the legal and contractual regime of this present contract, due to the fact
that it is agreed upon that the LESSEE explicitly renounces to the requirements
spoken of in articles 2007 and 2035 of the Civil Code, being made, and to those
prescribed by ordinal 2nd of article 434 of the Civil Procedure Code. In order
to be able to oppose to the eviction lawsuit, the LESSEE ought to
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have previously deposited the total amount of the rent owed, and of all the
utilities that have to be paid by him/them.
NINTH CLAUSE: LEGAL EFFECT OF THE STIPULATIONS: All the other stipulations of
the Main Contract, from January 1st, 1996 and the ones of the Renewal Contract,
from January 1st, 1997, remain in force - those that are not contrary to what
has been agreed upon in this present Renewal Contract. In testimony of which,
this present contract is signed on
------------------------------
(signed by): _______________________
XXXXXXX XXXXXX XXXXX
THE LESSOR
(signed by): _______________________
XXXXXX XXXXX XXXXXXX XXXXXXXXX
GENERAL MANAGER AND LEGAL REPRESENTATIVE OF CASA INFORMATICA S.A.
-- pg. 12 of original document in Spanish -- END of document.
