Agreement of Unprotected Tenancy
According to Law for Tenant Protection (Miscellaneous Instructions) 5728-1968
As Integrated into Law for Tenant Protection (Consolidated Version) 5732-1972
As drawn an signed in Holon on the 30th of August 2000
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Between
Xxxxx (1988) Building and Investment Ltd. P.C. no. 00-000000-0
of 43 Aliya HaShniya St., Azor
Tel: 00-0000000
Hereinafter called "the Landlord"
and
C3D Israel Ltd. P.C. no. 51-240389
By way of its authorized managers
Xxxxx Xxxxx id. no. 24914384
Xxxxxxxx Brazovsky id. no._________ Tel: 000-000000
Xxxxxx Xxxxxx id. no. ____________
of 2 Xxxxxxxxx Xxxxxxx, Xxxxx Park, Rehovot,
Tel: 00-0000000, Fax: 00-0000000
Hereinafter called: "the Tenant"
- of the other part-
-----------------
Whereas: The landlord occupies and is the owners of the hall marked in
plan no. 253 temporary and the kitchenette and 2 bathrooms and
reinforced room inside of the rented premises, total area of
239 square meters gross that includes a 10% relative
partnership in the community areas. Following is a list of the
community areas: a) the place where the trash containers stand
according to the Authority Plans. b) The entrance rooms
(lobbies) of the stair xxxxx. c) The elevator shafts. d)
Shafts for air and pipes). e) Elevator machinery rooms. f)
Entrance lobby for the rented premises from the elevators. g)
The place of the closets for electricity and telephone (water
meters). The hall is located on the fifth floor (above the
ground floor) in a southwest direction - as it appears on the
attached scheme marked in yellow and marked with the letter
'a' and represents an inseparable part of this Agreement of
Tenancy, and that is located in the new building wing #2 for
the high technology industry of 6 floors and halls for the
high technology industries (ground floor and 5 typical floors)
of 2 stair xxxxx and 2 passenger elevators beginning at ground
level and up to the top floor, that is located in the Xxxxx
Industrial Park in Rehovot in lot 1006 temporary previously
parcel 70 block 3695 and 4 for roofless parking places marked
in the scheme in numbers 128, 129, 130, 131 (hereinafter the
parking places) attached and marked in yellow and marked with
the letter 'a' (1) and represents an inseparable part of this
contract.
1
And whereas: The Landlord wished to lease the premises to the
Tenant AS IS at rent that is unprotected by the Law for Tenant
Protection (Consolidated Version) 5732-1972 and/or any law
that will come in its place or will be added to it on the same
subject (hereinafter "Law for Tenant Protection").
And whereas: The Tenant is set in his opinion to rent the premises for rent
that is unprotected by the Law for Tenant Protection
Accordingly it is agreed, declared and made conditional
upon the two sides as follows:
------------------------------
1) The introduction to this contract is an and inseparable part of the body of
this contract.
( - ) ( - )
Stamp: Xxxxx (1988) Building Stamp: C3D Israel Ltd.
and Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
2) The parties declare as following:
a) On August 20, 1968, there was no occupant in the premises as per its
meaning in the Law for Tenant Protection entitled to hold the premises.
b) The premises are a new building that's building was completed after
August 20, 1968.
c) The premises are not rented for key money and the Tenant did not pay to
the Landlord any moneys and did not commit himself to pay to the Landlord
any moneys whatsoever except for the monetary obligations that are
detailed in this contract.
d) The rent subject of this contract is not protected by the Law for Tenant
Protection.
e) The Tenant declares and knows that the Landlord notified him explicitly
that according to a building permit held by the contractor Pearl Dar -
Eli Demaz and according to the Rehovot local authority's plan the
designation of the building in which the premises are located if for a
high technology building only and/or uses permitted by a building permit
and/or the competent authorities. It is also emphasized explicitly that
the basic condition of the tenancy contract between the Tenant and the
Landlord is that he will not make in the building where the premises are
located any use as a workshop, welding shop, carpentry shop, garage or
other businesses and workshops that cause noise or dirt and that the
designation of the units is the building where the premises are located
as it is registered in the Co-operative House Regulations is for high
technology industries - except for those that can be used opposing the
Law for Allotment of Nuisances 5721-1961 and its regulations, an also
according to objects and extensions of the Rehovot local building and
planning committee and/or change of designation as will be permitted by
the Rehovot local committee. Also the Tenant declares the he was notified
that the halls on the ground floor might be used for display halls, bank
branches, and for commercial and services halls etc., and that he will be
prevented from complaining that the aforementioned use represents a
nuisance or causes him any damages whatsoever.
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He was also notified that wing c' of the building that is located
facing wing a' would be used for an exclusive restaurant and/or
coffee house and/or any other use that will be approved by competent
authorities.
3) This contract cancels previous contracts and agreements whose subject was
renting the premises if there are any these existing.
4) The Tenant confirms that he has checked all the facts mentioned in
paragraph 2 above, and found them to be correct.
5)
a. The Landlord commits himself subject to the stated in this
contract to lease the premises beginning on September 1, 2000 and
until August 31, 2004 (midnight) (hereinafter "the period of the
lease").
Two. Notwithstanding the aforesaid in clause 5 a' above regarding
the period of the lease, an option is granted to the tenant to
extentd the period of the lease for 48 additional months (4
full years only) that will begin from September 1, 2004 and
until August 31, 2008 (midnight).
Three. To avoid any doubt it is agreed between the parties that the
option for extending the period of the lease will be realized
automatically for 48 full months of renting except if the
Tenant notifies the Landlord in writing at least 120 days
before the end of the period of the lease that it is not his
intention to realize the option that was given to him by the
Landlord as noted in the terms of this contract, that is
extending the period of the lease as detailed in clause 5 c'
above. And the additional condition that the Tenant fulfilled
meticulously all the instruction of this lease contract in
such a way as not make a basic breach of the lease contract
and also made all the payments to all the different
authorities as he agrees to commit himself to in this
contract.
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
3
Four. The Landlord will be authorized to cancel this lease contract
and to bring it to its end and only if he gave an advance
notification in writing 60 days from the day from any
verification that the Tenant breached or did not perform on
time a basic condition of this lease contract (hereinafter:
"the basic breach"). In spite of what is stated in this
clause, the Tenant is given the opportunity to repair the
breach within 30 days of the dispatch of the letter by the
Landlord. If the breach is not repaired then the aforesaid in
this clause will apply in full.
6.
a. It is agreed by the parties that the monthly lease fees for
the use of the premises includes the 4 unspecified parking
places aforementioned in the introduction as follows:
1. For the first two years the Tenant will pay 12
dollars for one gross sq. meter including the use
of the 4 above-mentioned parking spaces, that is
an amount of 2,868 U.S. dollars and VAT in
shekels plus linkage differentials of the
consumers' price index prices according to the
instruction of the contract and against the
receipt of an appropriate invoice.
2. At the end of the period of two full years an
addition of 5% will be added to the monthly rent
subject to the linkage differential according to
the contract instructions and with the addition
of VAT as per law. To avoid doubt in the case of
this topic, beginning from the third year there
will be added as stated an additional 5%, and if
the option is exercised for four full years in
accordance with clause 5 (b) above, then in the
fourth year the monthly rent will be as it was at
the end of the third rental year and subject to
linkage differential in according to the
directives of this contract with the addition of
VAT as per law and in the fifth and sixth rental
year and if the option is exercised as stated
beginning from the fifth rental year and until
the end of the sixth rental year an additional 5%
monthly rental will be added with the addition of
VAT as per law and subject to linkage
differential, and also beginning in the seventh
rental year and until the of the eighth rental
year an additional 5% monthly rental will be
added with the addition of VAT as per law and
subject to linkage differential as per the
directives of this contract.
Two. It is agreed between the parties that monthly rental fees will
be paid once in 3 months in advance until the end of the
period of the lease i.e. August 31,2004 (midnight) and/or the
extended period of the lease until August 31, 2008 while it is
linked to the cost-of-living index and the addition noted in
clause 6 (a) 2 above.
4
To avoid any doubt the aforesaid rental fee is in US dollars
translated at the time of the signing of the contract into New
Shekels according to the known representative exchange rate on
the day of signing the contract, that is August 30, 2000 on
which the representative rate of the dollar was 4.028 New
Shekels to one US Dollar and the total monthly rental fee in
the amount to 11,522 New Shekels, this sum will be linked to
the consumer's cost-of-living index with the addition of VAT
as per law.
1. It is agreed between the parties that the
above-mentioned monthly rental fees will be linked
to the cost-of-living index as detailed in the
detailed definitions following, and will be adjusted
according to the payment terms. The Tenant commits
himself to pay the linkage differential of the
consumer's price index immediately with the demand
that will be received from the Landlord with the
addition of VAT as per law as will apply at the time
of the demand for payment.
2. In the matter of this agreement the following terms
will have these meanings as follows:
"Payment linked to the Consumer's Price Index" - if
it becomes known from the Consumer's Price Index
that will be announced from time-to-time before the
actual payment of all the payment that applies to
the Tenant according to this agreement (hereinafter:
"the new index"), that the new index rose as opposed
to the index that was announced on August 15, 2000
(index for July, 2000), (hereinafter, "the base
index"), the payment that will paid applying to the
Tenant according to this agreement, will be
increased by the same rate as the new index grew in
relation to the base index, and not less than the
base index, i.e. 107.3 points.
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
3. "Consumer's Price Index" - Consumer's Price Index,
including fruits and vegetables, as set by the
Central Statistics Bureau and Economic Research, or
by any other government agency, or any official
index that will come in its place, whether it is
built from the same data of which the existing index
is built or not, if another index will be used, the
index will be adjusted to the rate that will be set
by the above-mentioned bureau between it and the
index that is replaced. If the above-mentioned
bureau does
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not set the above rate for 3 months from the
announcement of the other index - the aforesaid rate
will be set in consultation with economic experts,
in such a way that each party to this agreement will
nominate an economic experts of his choosing. If the
two aforementioned experts do not arrive to an
agreed up decision, a third expert will be nominated
and his decision will obligate the parties in all
subjects and matters.
The dates of the aforementioned payments in this
contract are a basic and fundamental condition in
the contract and breach of one of these conditions
will be considered as a basic breach of the
contract. Notwithstanding what is stated in this
clause, it is agreed between the parties that a
delay of up to 7 days in the payment of the rental
fee by the Tenant to the Landlord will not be
considered as a basic breach of the terms of the
contract.
Three. At the signing of the contract the Tenant will pay to the
Landlord and amount of 34,657 New Shekels that is equal to
8,604 US Dollars according to the known representative
exchange rate of the day of the signing of the contract with
the addition of VAT as accepted in the Law on account of the
rental fee for the period of September 1, 2000 and until
November 30, 2000 (midnight) and the signature of the Landlord
on this lease contract is a confirmation of his acceptance of
the above-mentioned sum as balance of the payment of the
rental fee. For the lease period that begins on December 1,
2000, it will be paid to the Landlord as explained in clause 6
(b) above.
Four. It is agreed by the parties that non payment of a check(s) or
bills that were submitted to the Landlord by the Tenant as
rental fees as said above will be seen additionally as a
breach of any other law as not meeting the payment terms of
the lease contract on all its meanings from the clauses of
this contract, and then it will be within the authority of the
Landlord to enter the premises, to change the locks and take
possession to remove the properties belonging to the Tenant
and to store them on the account of the Tenant, and that the
Tenant will have no claim against the Landlord for this action
and this is only after a written notice sent by registered
mail by the Landlord to the Tenant that the Tenant does not
meet the terms of the contract and that 30 days have passed
from the day of mailing the letter.
Five. It is agreed by this that non payment of a check and/or xxxx
that was submitted by the Tenant on time will cause such that
the Tenant will bear the charges for non-honoring of the check
and/or xxxx for extraordinary bank interest at the accepted
rate at Igud Bank of Israel Ltd.
7. The Tenant declares by this that it is known to him that in addition
to the rental fees, he is to pay VAT as required by the law.
To avoid doubt it is agreed between the parties that the payment of
VAT for each and every payment will be done by postdated check to the
date of the VAT report to authorities according to the law.
6
8. a.
1. The Tenant will make use of the premises only for the
purposes of his business as a manufacturing company
for the high technology industry and that his
business activity in this industry and all that is
involved in it and that he will receive a license for
it from the authorities, in connection with managing
a business on the premises.
2. To avoid doubt, the Landlord does not object if the
Tenant if the Tenants is able to operator the
premises on all days of the year including Sabbaths,
Holidays, and nights on condition that the Tenant
will not be a nuisance and the explicit condition
that the activity will not be against the qualified
authorities' demands.
Two. Any advertising that the Tenant will order for himself or
signs by him will be paid by the Tenant and will be ordered
collectively by the Tenant, the placement, the size, that
shape and the color will be determined only by the Landlord
and or the building architect or engineer.
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
Three. The Tenant declares by this that he is knowledgeable in his
business and the licensing terms and that before placing his
signature on this contract he was given opportunity to check
and that he actually checked the suitability of the premises
for the purpose of the renting and the possibility to receive
a license or licenses required for the operation of the
purpose of the renting the premises as is, and that he found
the premises suitable for the purposes of the lease and the
matter of receiving a license as stated.
The Tenant commits himself to manage his business on the
premises within the framework of the purpose of the lease
according to the licenses and required permits by any law from
the authorities and or other government or municipal bodies,
for the business license and to obtain at his expense and on
his responsibility any license or permit as stated before the
operation of the business in the premises.
9.
a. The Tenant checked the premises in the condition AS IS and
found it suitable to the purpose of his lease and declares
that he did not find any non-suitability whatsoever, and if
some were discovered he surrenders any assistance to himself
7
that he is entitled to for them and that any choice of claim
and/or after proof. As well, it is also known to the Tenant
that the load on the roof area - usable weight is 300 kg. per
sq. meter and that before the entrance of equipment to the
premises, he is to receive professional consultation and
directives of the building site engineer Xxxxxx Xxxx.
Two. The Landlord commits himself upon transfer of holding in the
premises, the premises in AS IS condition as detailed in the
appendix and attached to this lease contract that is an
inseparable part of of it and is marked with the letter 'b'.
Three. It is agreed by the parties that the possibility is given to
the Tenant to make light changes in the construction of the
premises (adding gypsum walls, carpets) and this is all
subject to the submission of the program for changes that the
Tenant is interested in carrying out in the premises to the
Landlord for advance approval.
10. The Landlord and/or his representative is authorized to enter the
building of the premises at any reasonable time and with advance
arrangement with the Tenant and in the presence of the Tenant or
whoever is acting in his name in order to ascertain if the directives
of this contract are being done by the Tenant, but an examination like
this and/or the right for examination do not acquire for the Tenant the
right to breach and/or continue to breach this contract.
11.
a. It is explicitly emphasized that the lease period is four
years only, that begins on September 1, 2000 and until the day
August 8, 2004 (midnight) inclusive.
12. The Landlord declares that the premises will pass to the Tenant when it
will be connected to the electric grid and to the water network when he
has made all the arrangements for connections regarding electric meter
and to the water system and to the local authorities at his expense
alone.
13. In addition to the above-mentioned rental fees, the Tenant will bear
payments for the following matters that will be paid by him beginning
on the day of the entrance of the Tenant to the premises.
a. General city taxes levied by the city and Business tax if he
is deemed liable.
Two. Water supply and water usage and electric bills, trash fees
and all municipal fees that are levied on a resident in a
rented premises.
8
Three. Payment of expenses for insuring service and maintenance for
air conditioners and fire and smoke detectors that are in the
premises.
Four. Payments that will levied by the house committee or by
building representation in which the premises is located
and/or expenses for daily maintenance and cleaning in the
stairwells and the areas around the building. To avoid doubt,
participation of the Tenant in the expenses detailed in clause
13 d' will be in proportion or the area in use to the overall
area of all the building residents.
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
Five. The Tenant was notified that the building where the premises
is located, will be managed by the joint building
representation or by a maintenance company or management
company that will sign a contract with the joint building
representation and that the Tenant commits itself towards the
Landlord to bear all the maintenance expenses of the premises
and common area adjacent to it and all that will be determined
by all the residents and unit owners in the building where the
premises is located if by way of the building representation
or by way of the maintenance company or management company
that will be determined by the building representation or all
the building residents and owners of units in the building. It
is agreed by the parties that on the day of signing of the
contract the Tenant was notified that he pays $1 for each
square meter of gross area of the premises but if the majority
of the residents in the building in which the premises is
located will change the management company or alternatively
the management company will come to an agreement with the
joint building representation or the majority of the residents
on a rate different from the building management fee per one
square meter (gross) then the Tenant commits himself to pay
according the agreed upon new price per one square meter
(gross) of the area of the premises with the addition of VAT
as required by the law.
14. Any invoice submitted because of the because of the aforementioned in
paragraph 13 above by a body to which needs to be paid will serve as
prima facie proof in the matter of origin of the debt in relation to the
invoices for periods that only partially relate to the periods in which
the Tenant leased the premises, and the Tenant will redeem a proportional
part only.
Notwithstanding what is stated in this paragraph it is agreed between the
parties that the Tenant will be given a 30-day extension after the
receipt of the demand from the authorities to check the debt for the
reason of the payment. After that he will be obligated to pay.
9
15. The Tenant will be responsible for any penalty, collection fees, interest
and payment that will be levied on him for delay in making the payments
stated in paragraph 13 above, and will be paid within 7 days of demand of
payment for such.
16. The Landlord is authorized to pay and payment notice for the matters
named in paragraph 13 above in a case like this and the Tenant will need
to pay to Landlord any amount paid by him as stated within 7 days from
receipt of the notification of such from the Landlord and against
presentation of the lawful payment certificate that was paid, and the
Tenant is not authorized to appeal on the size of the amount as stated in
paragraph 13 above. And this is after as mentioned above that the Tenant
was given a delay of 30 days to check the amount of his debt to the
various authorities.
17.
a. The Tenant commits himself to make use of the premises
cautiously and that he is responsible for all harm to the
premises and/or damages and/or spoilage that happens and/or is
caused to it, except for damages that are caused to the
premises from deterioration or age or normal wear.
Two. The Tenant is not authorized to make any changes whatsoever or
investment whatsoever in the premises. If in spite of the
directives of this clause the Tenant carries out changes and
additions in the premises, he will not be entitled to any
payment for them and the expenses of restoring it to its prior
condition will fall on the Tenant and will be paid by him
within 7 days from the day they are demanded by the Landlord.
If the Tenant wished to carry out minor changes for the sake
of the lease by plan of changes as mentioned on clause 9 (c)
above he will request from the Landlord to receive his
agreement in advance under the explicit condition that it is
known to him that any additions that will be added by the
Tenant to the leased building will belong to the Landlord
including electrical installations installed in the premises.
Three. Subject to what is stated in clause b' above the Landlord
agrees to allow the Tenant to make internal changes in the
premises for the sake of the lease including building
additional partitions and/or moving or canceling existing
partitions and also to invest investments in the premises but
not to destroy the outside walls and not to harm the
foundations of the building. And this is all under the
explicit condition that the Tenant confirms explicitly to the
Landlord that at the time of the evacuation of the premises,
the condition of the premises will remain as it is on the
evening of the evacuation except if the Landlord agreed that
these investments will remain in the premises - in this case
the additions that the Tenant leaves will belong to the
Landlord without any consideration on his part.
10
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
It is also agree that if there is need for whitewashing the
walls as a result of use in the premises, the Tenant commits
himself to whitewash before he evacuates the premises. This
statement does not apply to normal wear.
Four. Any waiver or agreement on a matter in which a party will
waive or will agree to for the other party will be valid only
if given in writing and signed.
18. At the end of the period of the lease, if needed, the Tenant will
evacuate the premises of any person and/or items not belonging to the
Landlord and will return the holding of the premises to the Landlord when
the premises is in working condition and without any defect and/or harm,
except for reasonable deterioration (the evacuation as stated in this
paragraph will be called hereinafter "evacuation of the premises").
a. If the Tenant breaches one of the fundamental conditions of
the contract the Landlord will be permitted after the dispatch
of a written warning of 30 days to vacate the premises
immediately. If the Tenant does not vacate the premises as
demanded the Landlord will be permitted to remove the Tenant
by force by his agreement in advance as is given in this
clause and all the expenses due to this evacuation will fall
on the Tenant only such that the Tenant is responsible for all
damage that will be caused as a result of the evacuation by
force by the Landlord, and this is subject to the
aforementioned in clause 5 (d) above.
19. The Tenant will carry out the evacuation of the premises immediately, in
one of the following happens:
a. The Tenant carried performed a basic breach of this contract
and received a detailed notification in writing from the
Landlord for repairing the breach within 30 days in a
registered letter and did not repair the breach and as stated
in clause 5 (d) above.
Two. A receiving order was made against the Tenant or a receiver
was named over the assets of the Tenant or a winding-up order
was given against the Tenant and the order was not canceled
within 60 days of the order being given or the Tenant notified
of its decision to voluntarily wind-up.
Three. Without harming the aforementioned above, if the Tenant does
not pay of the payments levied on him by this contract, for
example, rental fees, municipal taxes, payments for
electricity etc., for a period of three months.
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Four. Without harming the aforementioned above, if the Tenant uses
the premises for a purpose not explicitly agreed upon above.
Five. Notwithstanding what is stated in this agreement between the
parties that this action will not be done by the Tenant except
if he was given advance notice of 30 days in writing for
repairing the breach and the breach was not repaired by him
and all as stated subject to 5 (d) above.
20. a. If the obligation to vacate the premises falls on the
Tenant for any reason at all, the Tenant will pay to the
Landlord for ever day of delay in the evacuation of the
premises in this way, damages agreed in advance at the rate of
US$200 for each day of delay. The amount will be converted to
Shekels according to the representative rate of the dollar on
the date of the payment of the damages agreed upon according
to this clause. The above-mentioned agreed upon damages are as
per their meaning in the Contracts Law (Remedies for Breach of
Contract) 5731-1971.
Two. There is nothing in the above-stated to harm the rights of the
Landlord to xxx for rejection of responsibility and/or
immediate evacuation of the Tenant from the premises and
return of the exclusive use and holding in the premises to
itself or any other remedy coming to it according to this
contract or according to the law. And all is explicitly
conditional that the Landlord succeeds in his suit against the
Tenant.
Three. It is agreed and declared by this between the parties that the
Tenant will not be authorized to deduct and/or set-off from
the monthly rental fees due to the Landlord and/or that will
be due to the Landlord in accordance with the instructions of
this contract regardless of the reason for the set-off.
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
21. If the Tenant is a corporation as such that notwithstanding all that was
done to show in this contract that they will be authorized to make use of
the premises in the name of the Tenant by and only by the shareholders
listed in the memorandum and the regulations of the corporation and no
other person excepting company employees and/or a subsidiary that is
under the control of the Tenant.
22.
a. The Tenant commits himself to use cautionary devices in order
to avoid damages and/or harm towards people and/or any
property and to prevent the loss of property form the building
premises.
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Two. The Tenant agrees to indemnify the Landlord for any amount
that will be decided against him for the Landlord whose cause
was a wrong of damages or injury to a person and/or for
property connected to the premises during the period of the
lease that stems from and/or is connected indirectly to his
deeds or oversights except for an event that happens in the
public areas.
It is agreed between the parties that the stated
indemnification will apply on events that will be transmitted
to the Tenant by written notice of the above-mentioned suit
and allowing the Tenant to defend himself against it.
23. In any event that the Tenant vacates and/or abandons the premises
within the period of the lease, by his own initiative or for any other
reason, the Tenant will be committed to pay to the Landlord the rental
fees and all other payments due to him according to this contract,
until the end of the period of the lease.
24. The Tenant commits himself to insure at his expense the premises with
extended fire insurance including terror risks, flood and earthquake
risks for the period of the use in the amount of - US$150,000 and he
commits himself to present to the Landlord within 30 days of the
beginning of the lease, a valid insurance policy as stated by the
Tenant or a copy of the temporary coverage certificate within 10 days.
There is nothing in the above stated to lessen the responsibility of
the Tenant for any damage that will be caused to the premises. It is
the responsibility of the Tenant that the insurance policy include a
condition that the insurer does not have right of right of revocation
against the Landlord and that the Tenant commits himself to insure for
third party liability including fire, explosion, natural damages and
panic damages to a limited responsibility of US$ 150,000 per claim and
- US$ 200,000 for the period.
The Tenant will be solely responsible for any action against the
landlord corporeal damages which will arise out of use of the leased
asset. Likewise, the tenant undertakes to hold the landlord harmless
against such action, should such action be brought and such judgement
be entered against him.
It is agreed between the parties that at the time of ordering the
insurance policy by the Tenant from his insurance agent he will
instruct him to add the name of the Landlord as an additional
beneficiary in the name of the insured and will include in the policy a
clause for mutual liability, that is according to this clause each of
the parties for the needs of this policy will be considered as a third
party each unto the other.
25. It is agreed explicitly that the Tenant is not authorized to rent the
premises and/or transfer the holding to others except if it receives
for it agreement in writing from the Landlord and as well the Tenant
commits himself to transfer this contract or any right or any benefit
deriving from it to another or to allow use of the premises or part of
it in any fashion whatsoever, except for the Tenant's workers and/or
the subsidiary of the Tenant or another company under the control of
the Tenant.
13
To avoid doubt, it is agreed by the parties that the Landlord will not
prevent its agreement to the entrance of an alternate resident to the
premises in place of the Tenant but this is subject to the alternate
Tenant being suitable to the characteristics of the other residents of
the building in which the premises is located and will be suitable for
the purpose of the lease according to the building permit and will
adopt the conditions of the agreement between the Tenant and the
Landlord including the collaterals in their entirety only in a case
like this. After the contract is signed with the alternative resident,
then the Tenant will be released from his liabilities subject to the
fulfilling of the directives of the evacuation of premises by him.
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
26. The Landlord will be authorized to sell the premises without the
agreement of the Tenant to any third party and on condition that the
third party know that he is acquiring the premises with a resident
according to the contract between the Tenant and the Landlord and that
in a case like this the conditions of the contract will apply even on
the third party until its conclusion including the option for extending
the lease period if there will be a extended period of the lease as
specified in the conditions of this lease contract.
27. Any payment whatsoever that one party needs to pay it according to this
contract and the other party paid it for any reason whatsoever, then
the other side undertakes to return the payment immediately to the
party that paid it and that didn't have to pay it all this against the
presentation of a suitable receipt, with the addition of linkage
differential and interest according to the Law of Interest and Linkage
Differential Assessment.
28. It is agreed between the parties that the Tenant is not authorized to
bring this contract to a conclusion before the end of the period of the
usage except if the two parties will come to an explicit agreement in
writing for another agreement as specified in this paragraph, and even
if the Tenant ceases the use or benefit of the premises for any reason
whatsoever before the conclusion of the period of usage, he obligates
himself to continue and pay the usage fee until the conclusion of the
period of the lease according to this contract. There is nothing in the
above stated to harm the rights of the Landlord to xxx from the Tenant
all the balance of the usage fees until the conclusion of the period of
usage according to the contract and to xxx from the Tenant for any
damage that was caused or that will be caused to the Landlord and as
well to xxx from the Tenant any payment that the Tenant will owe
according to this contract and did not pay.
14
29. a. To ensure all the liabilities of the Tenant according to this
contract and without harming the remainder of the obligations of the
Tenant including the evacuation of the premises on time, payment of any
damage caused to the premises, and payment of rental fees, and payment
assessed on the Tenant by this contract, the Tenant will deposit with a
representative of the Landlord as a trustee Attorney Xxxx Xxxxx:
1. An unconditional autonomic bank guarantee to the
order of the Landlord that will be in the value in
New Shekels of US$ 25,000 and linked to the
Consumer's Price Index without signing a personal
guarantee of two of the Tenant's managers.
2. The guarantee will be for a period of a year with an
extension of 30 days every year until the conclusion
of the contractual relationship between the Landlord
and the Tenant.
3. This guarantee will be presented to representative
for the Landlord Attorney Xxxx Xxxxx 48 hours before
the Tenant enters the premises.
4. It is agreed between the parties that any guarantee
like this that is given to the order of the Landlord
will be deposited in trust with Attorney Xxxx Xxxxx
representative for the Landlord and that no steps
will be taken to use it except if an advance notice
in writing is sent form him to the Tenant of the
breaches that were executed against the Landlord.
After 14 days have passed from the warning to the
Tenant for the repair of the breach and the breach
was not repaired, alternatively, Attorney Xxxx Xxxxx
representative of the Landlord (hereinafter: "the
trustee") will return the letter of bank guarantee of
the Tenant upon fulfilling the following conditions:
1. The Tenant pays all his debts to the
Landlord, authorities or all other
institutions according to the directives of
this contract, and presents the appropriate
receipts in connection with it.
2. The premises are returned according to the
directives of this contract to the Landlord
to his satisfaction and subject to normal
wear.
Two. In addition to the stated in clause a', the Tenant will
deposit with the representative of the Landlord as trustee
Attorney Xxxx Xxxxx (hereinafter "the lawyer") 2 nonnegotiable
and undated checks to the order of the Electric Company and to
the joint house representation at the Xxxxx Park at the Pearl
Building in the Science building.
15
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
Three. It is agreed between the parties that with the acceptance of
the bank guarantee and/or nonnegotiable checks according to
the terms of this contract, there is no waiver from the side
of the Landlord on his rights for other remedies against the
Tenant whether they are the detailed remedies in the body of
the contract or they are remedies at his disposal because of
the law existing at the time of the signing of the contract or
they will be in existence at the time of the breach.
Four. The non transferal of the collateral on time that stems from
the failure of the Tenant will be considered a basic breach of
the contract by the Tenant and the Landlord will be entitled
without harming his other rights to cancel the contract and/or
to delay the holding of the premises to the Tenant according
to his consideration.
30. It is conditional and explicitly agreed that the parties see this
contract that allows the Tenant the use of the premises for the period
stated in this contract alone or any extended period as detailed in the
contract and that at the conclusion of the period of the said usage,
all authority for any use whatsoever in the premises will expire from
the Tenant and no person or entity whatever except for the Landlord
will be authorized to use any more the premises or to be in it.
31. It is agreed that in any case that the Landlord and/or the Tenant do
not exercise their rights that stem from this agreement, any presence
or extension will not be considered as a waiver and/or agreement
and/or admission of any kind from their sides.
32. Any performance of extension or waiver authorization for receiving
moneys or change will not be enough to indicate the intention of
either party to surrender any of its rights according to this contract
and will not have judicial validity for any change except if the
change was done explicitly in writing and signed by the parties in
writing.
33. It is agreed between the parties that within 21 days from the signing
of this lease contract the parties will report to the municipality,
the electric company, the telephone company and to the other
authorities on his being an unprotected tenant on the premises.
34. The parties determined that breach of any directive and/or one of the
terms in clauses 5, 4, 28, 19, 17, 13, 9, 8 above constitute a
fundamental breach in the terms of this contract.
16
35. The parties are choosing for themselves for the purpose of this
agreement and all connected in it the following addresses:
The Landlord: as detailed above (in the introduction).
The Tenant: as detailed above (in the introduction). -
All notices that will be dispatched by registered mail from one of the
branches of the Israel Mail by one of the parties to the other
according to one of the addresses above will be considered as if it was
received as documented not later than 72 hours after having been sent
as above.
36. The parties read well the contents of this lease agreement and signed
it of their own free will.
37. In the case that the terms of the Landlord and/or the Tenant refer to
more than one person (or entity), each individual of the Landlord
and/or of the Tenant, relating to the matter, is responsible according
to this agreement individually and collectively. Any proof that one of
the individuals of the Landlord and/or of the Tenant will sign on all
document, note, letter or approval on any matter and subject connected
to this agreement, its execution or what stems from it, requires the
signature of all the remainder of the Landlord's or Tenant's
individuals, according to the matter and the signature of this
agreement by the individuals of the Landlord and the Tenant will be
considered for every matter and subject as having been given the
authorization by the individuals of the Landlord and/or Tenant
according to the matter, between themselves, to obligate the remainder
of the individuals of the Landlord and/or Tenant according to the
matter, in every matter and subject connected to this agreement.
( - ) ( - )
Stamp: Xxxxx (1988) Building and Stamp: C3D Israel Ltd.
Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
38. It is agreed between the parties that for the purpose of composing this
agreement and signatures, Attorney Xxxx Xxxxx of 00 Xxxxxx Xx. in Holon
is representing the parties.
To avoid doubt, the Tenant will pay to Attorney Xxxx Xxxxx for the care
of this lease contract the amount of US$ 850 in New Shekels at the
representative dollar exchange rate with the addition of VAT as per
law. This amount will be paid to Attorney Xxxx Xxxxx on the date of the
signing of the lease agreement. To avoid doubt, it is known to the
Tenant and the Tenant declares and agrees that notwithstanding the
above mentioned payment in the case of suits from the side of the
Landlord against the Tenant, Attorney Xxxx Xxxxx will be authorized to
represent him in the future in any matter in connection with this
17
contract and the Tenant will not have any claims whatever in this
subject toward Attorney Xxxx Xxxxx.
39. Expenses of lease contract stamps if it applies, will be paid by the
parties in equal parts.
40. Judicial authority:
The parties agree by this that the courts of Tel-Aviv-Yaffo will have
singular judicial authority in all the matters stemming from this
contract.
41. General:
It is agreed by the parties that a basic condition to validate this
lease contract is to vacate the premises subject of this contract by
the unprotected resident by the name of Placa Ltd. according to the
letter from July 31, 2000 attached and which is an inseparable part of
this contract. To avoid any doubts, so long as Placa Ltd. does not
vacate the place, the Tenant will have no claim or demand against the
Landlord until the evacuation of the premises by Placa Ltd. and
cancellation of the contract with Placa Ltd. between the Landlord and
Placa Ltd.
And in witness whereof the parties have signed:
( - ) ( - )
-------------------------------- -------------------------
The Landlord The Tenant
Stamp: Xxxxx (1968) Building Stamp: C3D Israel Ltd.
and Investment Ltd. P.C. no. 51-240389
P.C. no. 00-000000-0
18
ANNEX B'
Which form an integral part of the Tenancy Agreement
----------------------------------------------------
Drawn and signed in Holon on the 30th day of August, 2000
Between
Xxxxx (1968) Building and Investment Ltd. P.C. no. 00-000000-0
of 43 Aliya HaShniya St., Azor
Tel: 00-0000000
Hereinafter called "the Landlord"
and
C3D Israel Ltd. id. no. 51-240389
By way of its authorized managers
Xxxxx Xxxxx id. no. 24914384
Xxxxxxxx Brazovsky id. no._________ Tel: 000-000000
Xxxxxx Xxxxxx id. no. ____________
of 2 Xxxxxxxxx Xxxxxxx, Xxxxx Park, Rehovot,
Tel: 00-0000000, fax: 00-0000000
Hereinafter called: "the Tenant"
- of the other part-
-----------------
1. According to the aforesaid in the Tenancy Agreement's conditions on
par. 9 the premises was delivered to the Tenant detailed as follows:
a. Decorative ceiling of "Random Xxxxxx" type 1.22x0.61 at the
price of $17 US dollars per sq.m.
b. Internal cast wall division according to the lessee's plan,
straight standard type with 18 cm thickness, with 2" isolation
+ putty + "Emulkir" paint.
c. Every Room has a plywood door with beehive filling, the Frame
painted, Formica covering coating or door painted with oil
paint, or white painted "Decoral" door.
19
d. "Logo" wall to wall carpet as is on a considerable area of the
leased and parquet floor as well.
STAMP: Xxxxx (1988) Building and Investments Ltd.
( - )
STAMP: C-TRI D Israel Ltd
00-000000-0
( - )
e. Split air conditioning or mini-central. The air conditioning
power shall be according to the manufacturer's standard needs,
the air conditioning includes conduit systems, grills for
distributing air in all rooms, and 2 system control boxes.
f. Smoke and fire detector according to the standard.
g. Sheet ceiling for covering the air-conditioner motor.
h. 20 lightning switches.
i. 30 wall sockets.
j. 15 telephone jacks.
k. 15 flush Perspex light housings, 120x20 cm, at a price of
$50.- dollars per unit (including installation). Each housing
holds 2 fluorescent tubes.
20
l. In order to prevent any doubt, the bathroom containing two
toilets and kitchenette will be according to the standard
existing in the premises property today, including water and
sewage connections.
m. 1 post box in the entrance lobby on the ground floor.
It is agreed between the parties that at the time of leaving the
premises property, the above detailed property will remain
the landlord's property.
in witnesses whereof we have hereunto set our hands:
( - ) ( - )
------------------------------------ ---------------------------
The Landlord The Tenant
STAMP: Xxxxx (1988) STAMP: C-TRI D Israel Ltd
Building and Investments Ltd. 00-000000-0
