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EXHIBIT 10.26(b)
TENANCY AGREEMENT FOR BUSINESS ACCOMMODATIONS
AND PROPERTIES
Between:
real estate company Xxxxxx xxx Xxxxxx GmbH & Co. KG,
represented by Xxxxxxxx Xxxxxxxx Hausverwaltung
registered in Gro(beta)e Eschenheimer Stra(beta)e 41a, 6000 Frankfurt/Main 1
hereafter called "the lessor";
and
Fa. Xxxxxxxx Laboratories GmbH,
represented by the manager
registered in Xxxxxxxxxxxx(xxxx)x 0 0, 0000 Xxxxxxxxx
hereafter called "the tenant".
ARTICLE 1: LEASED PROPERTY
1. The tenancy agreement relates to the plot of land located in
Xxxxxxxxxxxx(xxxx)x 0 0, 0000
Xxxxxxxxx Xxxxxxxx.
for the exploitation of : _____________________
in the following premises: ________________________
corresponding housing accommodation : not applicable
2. Garage : _____, shed : ______.
3. The lessor has delivered following keys to the tenant for the term of the
tenancy : not applicable.
ARTICLE 2: TENANCY TERM - NOTICE
1. The tenancy agreement comes into force on August 1st, 1990 (see attachment).
a) The tenancy agreement is closed for a period of 5 years and expires on
July 31, 1995.
2. Termination shall be notified in writing no later than on the third working
day of the first month of the term of notice. In case of termination due to
overdue payments of the rent, the rent also includes the additional expenses
(working expenses and extra fares).
3. In case the premises are not free on time or cannot be occupied on time, the
lessor is not responsible for the consequences resulting therefrom, except
if they are due to the lessor's gross negligence or intent.
ARTICLE 3: RENT
1a) The monthly rent amounts to DM (see Section 23).
b) The following working expenses (mentioned in appendix 3 to article 27 II
of the BVO in the current version) are to be paid separately:
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Distribution formula based on the number of
persons, the leased surface area, the splits or
the meters
1. Water as per own hours
2. Drains (water) as per own hours
3. Lighting, electricity (in as far as this does own meters
not belong to heating)
4. Garbage collection in accordance with dispositions
5. Land tax in accordance with dispositions
6. Cleaning of the streets in accordance with dispositions
7. Chimney sweeping (in as far as this does not as per invoice
belong to heating)
8. Public liability insurance as per insurance policy
9. Janitor not applicable
10. Maintenance of the garden not applicable
11. Clearing of snow and spreading salt in case of tenant's responsibility
glaze ice
12. Lifting of people and loads not applicable
13. Shared aerial and connection to band widths not applicable
14. Cleaning of the building not applicable
15. Cleaning and maintenance of heating equipment tenant's responsibility
16. Hot water supply not applicable
17. Heating own heating equipment
18. Maintenance costs for fire extinguishers, tenant's responsibility
tanks and safety equipment to prevent leakages
19. Cleaning of pavements tenant's responsibility
c) The lessor has the right to apportion the management expenses
proportionately to the tenant.
d) During the tenancy term the lessor is entitled to develop an appropriate,
adequate, uniform or diverse distribution formula at the beginning of each
calculation period. If the consumption of the working expenses is reported
by a company's customer service by means of meters, the calculation is made
in accordance with the usual notification of the consumption and invoicing
methods of the company involved.
2. In case the lessor has to pay higher taxes due to the increase of the
working expenses or the creation of any new working expenses, the tenant
shall pay the corresponding increase as from the moment on which it comes
into being.
ARTICLE 4: READJUSTMENT OF THE RENT
In case the monthly index for the cost-of-living for families of employees
consisting of four persons with an average income, as published by the
"Statistischen Bundesamt", goes up or down by more than five points in
comparison with the index figure that was in vigour at the moment the agreement
was entered into or at the moment of a new agreement, both parties have the
right to request a readjustment of the rent.
August 1st 1990 = 100
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In case the parties fail to agree on the amount of the rent, the Chamber of
Commerce will appoint an expert at the request of one or both parties. This
expert will act as a referee in accordance with article 317 of the Code of Civil
law and will decide, to the best of his judgement, if any readjustment of the
rent will be made and if so, for what amount. The new rent will then be binding
for both parties as from the first day of the month following the request for a
readjustment of the rent to the contracting party.
The costs of such procedures will be borne by both parties in accordance with
the winning and losing positions in the discussions prior to the appeal to the
Chamber of Commerce.
ARTICLE 5 - PAYMENT OF THE RENT
1. The rent is to be paid to the lessor or to his proxy who is entitled to
accept the payment, at the Frankfurter Sparkasse, Ffm, account number 62091,
BLZ 500 501 02, in advance, without any expenses whatsoever and no later
than on the third working day of each month. All attendant expenses are to
be paid together with the rent, except if it has been agreed otherwise. In
case additional expenses are charged, they are to be paid within one week.
In case of increase or decrease of the working expenses, the lessor has the
right to adjust the advances accordingly.
The monthly advances amounts to:
a) for heating expenses: //// DM
b) for other working expenses: //// DM.
2. In case of late payment of the rent by the tenant, the payments shall be
charged to the expenses, interests and any other debts if there is any
danger of prescription, except if the tenant takes any other measures.
ARTICLE 6 - COMPENSATION, RETENTION
1. The tenant can only exert any rights to a decrease of the rent if he has
informed the lessor thereof in writing at least one month before the rent
becomes due. The tenant has visited the leased property before occupying it;
consequently he can not make any claims for any faults that existed in the
leased property at the moment of completion. The tenant is only entitled to
compensation and retaining against any claims for rent and additional
expenses in case of claims that are uncontested or on which final and
conclusive judgement has been given.
2. Any compensations or retentions due to any claims resulting from any other
debts are ruled out, except in case of uncontested claims and of claims
which have been assessed finally and conclusively. Any claims for
compensation in accordance with article 538 of the Code of Civil law are
ruled, except in case of intent and gross negligence of the lessor. The same
applies to the tenant's right to claim damages in case of late clearance or
completion of the leased property.
ARTICLE 7 - CENTRAL HEATING
1. The leased premises shall be adequately heated on working days during the
heating period (October 1st through April 30th) during the working hours in
as far as no other heating times are necessary for the professional
activities. In case of failure, force
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majeure, government regulations or any other circumstances in which the
service cannot be ensured (fuel shortage), no claims whatsoever can be made
regarding heating. In those cases the lessor is not bound to arrange for any
other heating and the lessor is not entitled to claim any damages, except if
the lack of heating is due to the lessor's gross negligence or intent. The
lessor shall make sure the failure is resolved as soon as possible.
2. The working expenses for the central heating equipment consist of the
expenses for the use and delivery of fuel, the expenses for the necessary
current, the expenses for the operation, surveillance and maintenance of the
equipment, the regular checks on the functioning and the safety of the
equipment and its tuning by a specialist, the cleaning of the equipment,
including the cleaning of the oil tank and the professional premises,
including the cleaning of the premises after the delivery of fuel, the
expenses for measurements in accordance with the German law on emissions and
the taxes for chimney sweeping, in as far as they are not settled in any
other way, and the expenses for rent, use, etc. of equipment destined for
the registration of the consumption, as well as the expenses for dividing
and calculating the costs.
The expenses for the supply of district heating include the expenses for the
supply of heating (standing charges, working expenses and settlements) and
the expenses for the exploitation of the relevant equipment in the premises
as mentioned above.
3. In case one of the tenants does not use the heating equipment, this does not
release him from his obligations to pay his share of the heating expenses.
4. Before the beginning of a heating period the lessor is always entitled to
define the due date of the advanced payments of heating expenses (payment
upon delivery of payment in advance).
5. The expenses of any necessary intermediate meters are borne by the tenant
for whom this meter is destined.
6. In case the premises of the tenant have their own heating equipment, the
tenant shall use this equipment, maintain it and have it cleaned at least
once a year at his own expense. Moreover he shall fulfil the obligations
mentioned in article 7, paragraph 2.
ARTICLE 8 - HOT WATER SUPPLY
1. Hot water is supplied - during the full year - during the heating period -
continuously - .........days per week. Constant temperatures cannot be
guaranteed.
2. The working expenses relating to the central equipment for hot-water supply
include the expenses for water supply, in as far as they are not settled
separately, and the expenses for the heating of the water in accordance with
article 7, paragraph 2. The expenses for the water supply include the
expenses for the water consumption, the standing charges and the rent of the
meters, the expenses for the use of intermediate meters, the expenses for
the exploitation of the own installation for water supply and the own
installation for water treatment, including the base materials for the water
treatment. The expenses for the district supply of hot water include the
expenses for the supply of hot water (standing charges, working expenses and
settlement) and the expenses for the exploitation of the corresponding
installation at the premises in accordance with article 7, paragraph 2.
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ARTICLE 9 - USE OF ELEVATORS
When and as long as no elevator operator is present on the premises, the lessor
has the right to put the elevator out of working order. Otherwise article 7,
paragraphs 1-3 apply.
ARTICLE 10 - USE OF THE LEASED PROPERTY, TRANSFER OF USE
1. The tenant can only use the leased property for other purposes and for any
other businesses than those stipulated in article 1 with the written
permission of the lessor. He can not cease the business either partly or
totally. It is forbidden to keep animals in the leased property.
2. Without written permission of the lessor the tenant is not entitled to
sublet or to transfer the use to third parties. For companies any change of
ownership or any changes relating to the legal form, concern a transfer of
use. A permission is only given for each particular case; it can be
withdrawn at all times.
3. In case of transfer of use, the tenant already at this moment transfers to
the lessor any claims he has against his subtenants and users and the right
of distraint for an amount equal to the rent due to the lessor.
4. The tenant shall not sell or offer for sale any products for which another
tenant already has the permission to sell them at the premises.
5. The lessor is not compelled to put the joint technical equipment of the
premises at the tenant's disposal or to keep it into action outside the
usual working and office hours.
ARTICLE 11 - SIGNS AND ADVERTISING BOARDS
1. The tenant is entitled to put up one company sign. The lessor indicates the
place where this sign shall be put up and decides how it shall be
implemented. The lease and use of the exterior walls and the styling of the
windows is settled in a separate agreement.
2. In case advertising boards need to be removed because of works to the
premises, the tenant bears the costs for such removal, storage and any
reapplication if necessary, including the costs for any repairs to the
installation that are necessary as a result hereof. The tenant shall take an
insurance against traffic accidents on the leased property, on the access
roads to the land and on the public roads in front of the land. Upon
termination of the tenancy agreement, the tenant shall remove all signs and
advertising boards and shall have all damage resulting from putting up,
using and removing those signs and advertising boards repaired.
ARTICLE 12 - OFFICIAL PERMITS, DANGERS RESULTING FROM THE USE OF EQUIPMENTS AND
INSTALLATIONS BY THE TENANT
1. The lessor is not responsible for the issue of permits for the intended
business and its installations, nor for maintaining such permits. This
especially applies to concessions. The tenant shall make sure at his own
expense that all requirements for his business are met and that this will
remain as such in future. This also applies to advertising boards, etc. The
tenant shall comply with the regulations of the labour inspection or any
other instances at his own expense.
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2. However, article 12 paragraph 1 does not apply in case the nature and the
location of the leased property are not fit for the agreed purpose of the
agreement.
3. Before installing any machinery, heavy objects, other equipments or
installations in the leased property, the tenant shall ask the lessor about
the permitted load on the floors and he shall ask the written permission of
the lessor. The tenant is responsible for all damages resulting from the
non-observance of those stipulations. In case of any negative effects on the
building, vibrations, cracks, etc. resulting from the equipments and
installations, the lessor can withdraw the permission he has granted before.
The tenant is responsible for all installations and equipments he has
installed and uses. If the placement or the use of the tenant's
installations and equipments results in any unreasonable disadvantages or
damages, the tenant shall remove those installations and equipments or
refrain from using them if he can not solve those problems in any other way.
ARTICLE 13 - MAINTENANCE OF AND REPAIRS TO THE LEASED PROPERTY
1. The tenant shall insure sufficient cleaning, ventilation, and heating in the
leased property and he shall treat the equipments and installations in said
property cautiously and safeguard them against any vermin.
2. The tenant shall pay compensations for damages to the leased property and to
the building, to all installations belonging to the leased property or the
building, in as far as they were inflicted by him, his officers or his
subtenants. This also applies to damages inflicted by visitors, suppliers
and craftsmen in as far as they were acting on the tenant's behalf. The
tenant shall prove that he was not responsible for the damages.
3. The tenant is responsible for having all aesthetic repairs to the leased
property carried out within a reasonable period of time. Such aesthetic
repairs consist of: wallpapering, painting or whitewashing of walls and
ceilings, painting of floors and radiators, including heating pipes, inside
doors, windows and the inside of outside doors. Moreover, the tenant shall
replace the following objects, in as far as he has a direct influence on
them, except if he can prove that any damages were not inflicted by him:
especially locks of windows and doors, locks of shutters, blinds, lighting
equipment and gongs, thermometers, locks, water taps, flushing equipment for
toilets, washbasins and outlet pipes, supply pipes and drains, fires,
stoves, gas equipment and electrical equipment, similar equipment and
installations for the water supply, including the equipment to maintain it
or repair it, damaged glass and display windows.
Naturally treated wood shall not be treated with paint.
The tenant shall have all heating, ventilation and similar equipment, water
heaters, equipment for hot-water supply, fires and stoves cleaned at least
once a year by a specialist.
If the tenant does not comply with his obligations despite summons and
deadlines, the lessor is entitled to have the necessary works carried out at
the tenant's expense.
4. Upon termination of the tenancy agreement, the tenant shall have the leased
property renovated professionally as designated by the lessor, before
returning the leased property to the lessor. Furthermore he shall remove all
plugs, close all locks unrecognisable and as prescribed and replace all
perforated tiles by similar ones.
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5. Upon termination of the tenancy agreement, the lessor can also exert his
rights to enforcement and compensations as stipulated in paragraphs 1
through 4 in case a successive tenant has had those works carried out.
6. The tenant shall immediately inform the lessor of all damages in or to the
leased property. The tenant shall pay compensations for any consequent
damages resulting from the late reporting of the initial damage, in as far
as he has concealed the faults on purpose or has not noticed them due to
gross negligence.
7. The lessor is not responsible for any damages to the objects and
installations of the tenant, irrespective of the nature, source, duration
and range of the damages, except if they were due to the intent or the gross
negligence of the lessor. Otherwise the lessor's liability is basically
limited to the amount of the public liability insurance.
ARTICLE 14 - CHANGES TO THE LEASED PROPERTY MADE BY THE TENANT
1. Changes to the leased property, especially installations and renovations and
the like, can only be carried out with the written permission of the lessor.
At the lessor's request, the tenant shall remove such installations and
renovations, either partly or totally, when he moves out of the premises and
shall return the leased property to it's original state, without any
reservation whatsoever as to the lessor's permission.
2. If, at the end of the tenancy agreement, the tenant wants to remove any
equipment he has added to the leased property, he shall first give the
lessor the possibility to purchase this equipment. For this purpose, the
tenant shall inform the lessor of he price, of the production expenses and
of the moment on which the equipment was produced. If the lessor wants to
pay the said equipment, he shall pay to the tenant a suitable compensation.
3. Any gas equipment and electrical equipment shall only be connected to the
existing mains in as far as they do not exceed the permitted load. Any
further equipment can only be connected subject to the written approval of
the lessor. Said approval can be denied if the mains can not cope with any
additional load and if the tenant refuses to pay the expenses for the
necessary changes to the mains.
ARTICLE 15 - STRUCTURAL CHANGES AND IMPROVEMENTS BY THE LESSOR
1. The lessor is entitled to have any improvements and structural changes which
are necessary for the maintenance or for a more economical use of the
property, for the expansion of the building or the leased property, for
averting impending dangers or for repairing damages, carried out without the
tenant's permission. This also applies to all works and structural measures
which, even though they are not absolutely necessary, are useful, especially
those relating to the modernisation of the building. The tenant shall make
sure the relevant premises are accessible and shall not hinder nor slow down
the execution of the works. If the tenant does not comply with this
obligation, the damages resulting therefrom will be at his expense. The
professional interests of the tenant have to be taken into account.
2. In case any measures are taken to increase the utility value of the leased
premises, such as expansion of a main road, construction of sewers,
connection of the premises to public utilities, expansion or improvement of
piping systems, conversion from coal heating to gas or oil heating, district
heating or other heating and energy systems
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(including conversion to electrical heating and electrical equipment), the
lessor has the right to increase the rent with an amount of 14% p.a. to
compensate for the expenses of the above-mentioned measures.
3. In case certain installations that were put at the tenant's disposal by the
lessor, need to be converted due to a conversion to another type of energy,
the tenant shall bear the expenses for such conversion of the installations.
If the installations cannot be converted or if the costs of such conversion
of the installations are too high in comparison with the costs of new
equipment, the lessor is not bound to buy any equipment to replace the old
equipment. The tenant cannot claim any damages.
ARTICLE 16 - ACCESS TO THE LEASED PROPERTY
During the usual working hours the tenant shall give the lessor, agents, experts
and interested parties, subject to prior notice, the opportunity to inspect the
leased property in view of assessing its structural status, in view of a new
lease, a sale, etc. In case of any danger the leased property shall be
accessible at any time during day and night.
ARTICLE 17 - TERMINATION OF THE TENANCY AGREEMENT
1. Irrespective of the obligation to carry out any aesthetic repairs, the
tenant shall return the leased property in a clean state. In case the tenant
does not comply with this obligation or does not comply with it in due time,
the lessor can have the leased property cleaned at the tenant's expense.
The tenant's obligation to keep the leased property clean extends to all
objects within the leased property, in as far as they do not belong to the
lessor. In case the tenant does not comply with this obligation, the lessor
is entitled to have those objects removed at the tenant's expense. The
lessor is under no obligation to store any objects.
2. In case of immediate termination of the tenancy agreement by the lessor, the
tenant is responsible until the end of the agreed tenancy term for the loss
of rent resulting from the lack of occupancy of the leased property or
resulting from the fact that the former rent can no longer be charged in
case of a new lease.
3. In case the parties have agreed that the tenant shall pay advances to
working expenses which are settled once a year, this arrangement remains in
force. For all working expenses for which the amount is only established
once a year, the amount is split between the old and the new tenant,
respectively lessor, proportionately to the term of the rent, in as far as
no special payments have been agreed.
4. At the expiry of the tenancy term, the tenant shall return all keys, even
those he has had made himself, to the lessor.
ARTICLE 18 - PARTIES CONSISTING OF MORE THAN ONE PERSON
1. The lessor and the tenant are always considered as being as the contracting
parties of this tenancy agreement, even if they consist of more than one
person. If the tenant consists of more than one person, they are jointly and
severally liable for all their obligations resulting from this tenancy
agreement.
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2. If the tenant consists of more than one person, they hereby give each other
proxy for giving and receiving declarations having an effect on each of the
persons; this also applies to notices.
3. Facts that lead to a reduction or an extension of the tenancy agreement for
one tenant or justify damages or any other claims for or against one tenant,
have the same effect on the other tenants.
ARTICLE 19 - CHANGES TO THE AGREEMENT
Side agreements, changes, supplements and termination of the agreement shall be
agreed upon in writing. This also applies to all commitments, permissions,
waivers and agreements whatsoever.
ARTICLE 20 - PLACE OF IMPLEMENTATION
The place of implementation for all obligations resulting from this agreement is
Frankfurt/Main.
ARTICLE 21 - DEPOSIT
1. For the compliance with the obligations he has under this agreement, the
tenant gives the lessor a deposit in money for an amount of --- DM (no
amount specified).
2. The deposit is payable upon the signing of the contract.
ARTICLE 22 - VALIDITY OF THE TERMS AND CONDITIONS OF THE AGREEMENT
1. The nullity of one or more stipulations of this agreement does not have any
influence on the validity of the other stipulations. In case of nullity of
individual stipulations, the parties are bound to replace those stipulations
by stipulations that approach the original stipulations with retroactive
effect.
2. This tenancy agreement replaces all previous agreements.
ARTICLE 23 - OTHER CLAUSES
The appendix to the tenancy agreement dated August 1, 1990 is an essential part
of the agreement.
The same applies to the complement to the tenancy agreement of September 27,
1990.
ARTICLE 24 - CODE OF ORDER
1. All halls and landings, corridors and stairways shall be thoroughly cleaned
at least once a week and shall be treated with a suitable cleansing agent.
Yards, sheds, parking lots and the like shall be swept clean every week.
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The tenant is always responsible for the above activities, as well as for
clearing all snow and ice from the footpaths and access roads to the
building and for spreading salt in case of glaze ice. Otherwise all local
police regulations shall be observed. Snow and ice shall be removed from all
balconies. In case of any problems whatsoever as to the cleaning of the
premises or the removal of snow and ice, the lessor is entitled to have
those activities performed by a third party. The expenses are apportioned
following the appropriate criteria, at the parties' best judgement.
Objects, machinery, installations and utilities can only be cleaned within
the leased property.
The tenant shall have all outlets of toilets and sinks of which he has the
exclusive use, cleaned at his own expense and shall have all obstructions to
such outlets removed immediately. The tenant is liable for his officers and
customers.
2. In case the land is polluted in any way, the tenant shall have this
pollution remedied immediately.
3. Placement and storage of any objects (boxes, goods, etc.) outside the leased
property is not allowed. Motorcycles, mopeds and similar vehicles can only
be stored in the premises destined for that use with permission of the
lessor and in accordance with the police regulations. Vehicles can only be
stored and parked in the yards upon written permission of the lessor.
4. All windows shall be closed when it rains, snows or storms. Whenever any
damage to the roof or any entry of water is noticed, the lessor shall be
informed immediately.
5. The domestic waste shall be made smaller prior to being deposited in the
appropriate garbage cans. Due care shall be taken in order to ensure that
the stairways, the entry to the building and the place where the garbage
cans are stored will not be polluted. In case such pollution does occur
nevertheless, the tenant shall immediately arrange for the necessary
cleaning. Ashes shall only be deposited in the appropriate containers after
they have cooled down.
Packaging material resulting from professional activities or similar waste
material shall never be deposited in the garbage cans destined for domestic
waste.
6. All entrances that are equipped with doors (cellar, attic, storage room,
etc.) shall always be kept closed. In case arrangements have been made
relating to the closing times for the front door, they need to be observed
at all times.
7. If changes and appendices to this code of order prove to be necessary in
order to maintain the peace and order in the leased property, the lessor is
allowed to take the necessary actions.
Frankfurt/Main, August 1, 1990
The lessor The tenant
Xxxxxxxx Xxxxxxxx Xxxx Xxxxxx
Xxxxxxxxxxxxxx
Xxx(xxxx)x Xxxxxxxxxxxxxxxx(xxxx)x 00x
0000 Frankfurt 1
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Appendix to the tenancy agreement of August 1st, 1990
for business accommodation, Xxxxxxxxxxxx(xxxx)x 0-0, 0000 Xxxxxxxxx-Xxxxxxxx
1. The first term of the agreement is set at a fixed period of five years as
from August 1st, 1990 until July 31st, 1995. Thereafter the contracting
parties agree upon a right of option for a new period of five years as from
August 1st, 1995 until July 31st, 2000.
2. The leased property is defined as follows:
a) Present hall
2,176.- m(2)x DM 8.50 18,496.- DM
b) New hall
Surface area approx. 910 m(2)x DM 7.50 6,825.- DM
as per the attached specifications
Completion and payment of rent as from approx. May 1st,
1991 onwards
3. Special building measures following the tenant's instructions:
- Extension and reconstruction of gates,
loading platforms, etc. 40,000.- DM
- Electrical low tension connection 42,500.- DM
- Natural gas connection 39,000.- DM
- Renovation entrance area 6,000.- DM
- Renovation rooms for social activities and canteen 4,000.- DM
- Renovation bathroom and shower facilities 5,000.- DM
- Widening of loading platforms 40,000.- DM
- Expansion entrance area 8,000.- DM
--------------------
./. lessor's fixed contribution 40,000.- DM
--------------------
144,500.- DM
resulting in a new monthly net rent 1,204.- DM
plus V.A.T. 26,525.- DM
Payment: 18,496.- DM as up till now
6,825.- DM as from the completion of the hall
1,204.- DM as from October 1st, 1990
Frankfurt/Main, August 1st, 1990
The lessor The tenant
Xxxxxxxx Xxxxxxxx Xxxxxxxx Laboratories GmbH
Management Xxxxxxxxxxxx(xxxx)x 0,
Xxx(xxxx)x Xxxxxxxxxxxx Xxxx(xxxx)x 41a D-64546 Morfelden
6000 Frankfurt 1
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Complement to tenancy agreement
1. There are no management costs. The relevant article 1c on page 2 is
cancelled.
2. In front of the adjacent building parking spaces are being planned and
built. Those parking spaces can be used by Xxxxxxxx staff.
3. The part of the extension to the house which runs into the yard will be
demolished during the expansion works, such that the tenant has the full
width of the yard at his disposal. As a consequence the yard can be reached
from the backside.
4. Within the scope of the special building measures listed in article 3 of the
appendix, it is agreed with the lessor's representative that a fixed
contribution for measures that increase the value of the leased property
(e.g. natural gas connection, extended entrance area, wider loading
platforms) of 40,000.- DM is deducted. As a result, the monthly additional
rent is decreased with this amount.
5. The above-mentioned estimated expenses for the special building measures are
only partly realised by the tenant or arise in the course of the following
months. The tenant will pass on all already existing and future expenses to
the lessor. Through the payment of the existing expenses by the latter they
end up in the additional net rent as per article 3 of the appendix to the
tenancy agreement.
6. Supplementary to article 2 of the tenancy agreement (notice) it is
stipulated that the tenant can always terminate the agreement 6 months
before the end of the tenancy term. In case of termination of the tenancy
agreement by the lessor in accordance with other stipulations, a notice of
twelve months shall be observed.
7. The parties contracting the tenancy agreement agree upon an exceptional
right to terminate the agreement (notice of 6 months) in case the tenant is
not granted a permission to operate the installation for
ethyleneoxide-sterilization on the premises due to new legal provisions.
Morfelden, September 27th, 1990
The lessor The tenant
Xxxxxxxx Xxxxxxxx Xxxxxxxx Laboratories GmbH
Management Xxxxxxxxxxxx(xxxx)x 0,
Xxx(xxxx)x Xxxxxxxxxxxx Xxxx(xxxx)x 41a D-64546 Morfelden
6000 Frankfurt 1
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Appendix to the tenancy agreement of October 15th, 1990
for the industrial building, Xxxxxxxxxxxx(xxxx)x 0, 00000 Xxxxxxxxx
Between:
real estate company Xxxxxx xxx Xxxxxx GmbH & Co. KG, represented by
Xxxxxxxx Xxxxxxxx, management, Gro(beta)e Eschenheimer Stra(beta)e
41a, 60313 Frankfurt/Main, hereafter called "the lessor";
and
Xxxxxxxx Laboratories GmbH,
represented by the manager
Xxxxxxxxxxxx(xxxx)x 0-0, 00000 Xxxxxxxxx
hereafter called "the tenant".
The following complements to the above-mentioned tenancy agreement have been
agreed upon:
1. The tenant is entitled to build an installation for the catalytic treatment
of combustion gasses on the premises as per the attached ground plan. The
installation can have the following dimensions: 4.25 meter wide and 9 meter
long (linked immediately to the existing building).
2. The tenant shall make all applications for all official permits that are
necessary for the construction and shall comply with all official
regulations.
3. The construction is erected on condition that the catalytic converter does
not have any negative effects on the premises, the tenants residing on this
premises and the neighbours.
By negative effects the parties especially mean the effects relating to the
health of the other inhabitants of the premises and their neighbours.
In case such effects do occur, the tenant is bound to shut the installation
down immediately and to have it pulled down.
4. The tenant commits himself to obtain all official permits prior to the
commencement of the construction. The tenant bears the sole responsibility
for those obligations.
5. Furthermore the tenant commits himself to indemnify the lessor for all
damages that could occur due to the existence or the functioning of the
installation to the buildings on the premises, to any other installations
and to the ground and the soil, especially those damages relating to any
soil pollution whatsoever. The lessor must provide proof that such damages
or pollution are caused by the installation for catalytic treatment of
combustion gasses.
Morfelden, July 13th, 1995
The lessor The tenant
Xxxx Xxxxxx
Xxxxxxxx Xxxxxxxx Xxxxxxxx Micro Science GmbH
Management Xxxxxxxxxxxx(xxxx)x 0,
Xxx(xxxx)x Xxxxxxxxxxxx Xxxx(xxxx)x 00x X-00000 Xxxxxxxxx
60313 Frankfurt/Main
