1
Translation from German
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SUBLEASE
for business premises
Office
between KG Bayerische Hausbau GmbH und Co.
Landlord
represented by BIV
BAYERISCHE IMMOBILIENVERWALTUNG GMBH
Xxxxxxxxx Xxxxxxx 000, 00000 Xxxxxx
and Cybernet XX.x.X
Xxxxxxxxxxxxxxx 00, 00000 Xxxxxx
Tenant
Section 1
Subject of Lease/Leased Property
1. On the property Zamilapark MK 2, Xxxxxx-Xxxxxx-Ring 19, the space marked
with green colour in the leasing plan enclosed as a part of this lease/to
be handed in later is leased, to wit the commercial space
office on the 3rd floor/space no. A + B = 491.27 m(2)
cellar no. 1 D on the 1st basement 53.50 m(2)
for the exclusive use as an office pursuant to Section 2 of this contract.
2. The indications of square metres are based on a space calculation of the
Landlord pursuant to GSI 277, part 1, section 2.3, whereby partition walls
in lightweight construction were passed over.
3. Pursuant to Section 536 of the Civil Code, the Landlord has to deliver the
leased property only in such converted state as specified in the leasing
plan of the Landlord and in the constructional description enclosed in this
lease. As far as the leased property requires that constructional measures
be taken with the property or with the leased premises and the internal
works for the purpose of the lease (Section 2) agreed upon and/or for
special requests of the Tenant, which measures exceed the present state of
conversion, they shall be borne by the Tenant alone and are, as far as that
goes, not subject to the obligation of advance performance of the Landlord.
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Section 2
Use of Leased Premises
1. The premises are leased for maintaining an office (branch of trade; computer
and network services).
2. The Tenant may use the leased property for the purpose pursuant to the
contract for the term of lease only. Any change of the branch of trade
requires prior written consent of the Landlord.
3. The Landlord does not grant the Tenant competition protection for the
purpose of lease and the branch of trade of the Tenant.
4. The Tenant has to comply with any obligations and obtain any authorizations
is connection with his trade.
5. The effectiveness of this lease shall be independent of any official trade
or business license that may be required.
6. The Tenant is obliged to manage his business carefully and thoroughly, in
particular to comply with the related instructions of the Landlord.
Section 3
Term of Lease
1. The contracting parties agree upon the following term of this lease:
start of the lease: expectedly 01.05.1996
duration of the lease: 5 years
end of the lease: 30.04.2001
2. The obligation to pay
a) the rent starts on 01.06.1996
b) the operating costs and other incidental expenses starts, however, on
the day the leased property is handed over to the Tenant.
3. The leased property is expected to be handed over on 01.05.1996; the date
of the delivery record shall be decisive.
4. The Landlord will give notice of the date the leased property will be
handed over. The Landlord will not assume any liability for a specific date
of handing over or for the previous tenant vacating the premises in time.
5. The Tenant has a non-recurring right of termination of this contract at the
end of the 5th year and after the end of the 8th year. Termination has to
be made in writing by registered letter/advice of delivery with a time
limit of 9 months. In case no due notice of termination is given, the
contract will expire according to Section 3, number 1 or Section 4
respectively.
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Section 4
Option of Lease
A fixed term of lease (according to Section 3) shall be considered agreed upon
between the contracting parties. After the end of the fixed term of lease
(30.04.2001), the lease will extend for another 3 years, and for another 2
years again unless terminated by the Tenant with a time limit of 12 months
before the expiry of the fixed term of lease. Termination has to be made in
writing (registered letter/advice of delivery).
Section 5
Rent
1. The basic rent per month is DM 10,744.67
(in words: one-nought-seven-four-four)
office 491.27 m(2) at DM 21.00
cellar no. 1 D 53.50 m(2) at DM 8.00
Plus respectively valid VAT,
presently 15% DM 1,611.70 DM 12,356.37
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2. The Tenant shall, in addition to the basic rent, also
bear all operating costs as regulated in Enclosure 3
of Section 27, par. 1 of the 2nd Calculation Regulations
and enclosed in this contract as enclosure.
Advance payment of operating costs
per month is DM 1,817.70
office 491.27 m(2) at DM 3.70
plus respectively valid VAT,
presently 15% DM 272.66 DM 2,090.36
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Basic rent and advance payment of operating
costs per month DM 14,446.73
============
Graduated rent
as of 01.05.1997, DM 22.00/m(2) net
as of 01.05.1998, DM 25.00/m(2) net
as of 01.05.1999, DM 26.00/m(2) net
3. Payment of the first rent has to be made on 01.06.1996.
4. In the case of delayed payment, the Landlord is entitled to charge
statutory default interest of 2% above the respective discount
rate of the Deutsche Bundesbank as of the due date until the day of
receipt of payment as well as eventual costs incurred in making request
for payment.
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Section 6
Operating Costs and Other Incidental Expenses
1. Statement of account of the operating costs is made annually. Both
contracting parties are obliged to settle the operating costs account
within 30 calendar days after is was presented.
If the lease is terminated during the accounting period, the operating
costs will be apportioned in the ratio of the time of lease to the
accounting year in the following account.
2. The Tenant is authorized to inspect the documents of operating costs
accounting at the Landlord's during usual business hours after prior
announcement.
3. The operating costs account shall be considered acknowledged by the Tenant
if he did not object in writing within four weeks after the receipt
thereof.
This effect has to be pointed out in the operating costs account.
4. The monthly advance payments of operating costs shall be 1/12 of the last
annual account respectively.
5. In the case of considerable increase of costs (for example due to
increased consumption, changed price and wage situation), the Landlord is
entitled to adjust the monthly advance payments to the changed conditions
by unilateral declaration with immediate effect even during the current
accounting period.
6. In any charges, duties or other costs which are in economic connection with
the property are newly introduced or increased, or if any operating costs
are newly incurred, the Landlord may apportion them and may determine
appropriate monthly advance payments for them.
7. From the costs of heat and hot water supply, a part is - within the legal
provisions - apportioned depending on the established consumption (60%),
the other costs depending on the respective usable floor space (40%) of the
individual tenants. The Landlord reserves the right to change this
apportionment within the legal provisions.
For the apportionment of the other operating costs, the Landlord shall
determine a distribution system in his fair judgment.
The Landlord shall also determine the type of accounting and of the
establishment of consumption in his fair judgment within the legal
provisions.
8. In deviation of Enclosure 3 Section of Section 27, par. 1 of the 2nd
Calculation Regulations, the Landlord shall also be entitled to make a pro
rata apportionment to the tenants of any guarding costs that may be
incurred. For the apportionment of these costs, above regulations shall
apply correspondingly.
9. In the case of failure of operational and supply installations for which
the Landlord is not responsible, the Tenant shall only be entitled to
reduction to the amount of the operating costs to be paid for these
installations, and this only in a ratio that corresponds to the failure.
Exceeding claims of the Tenant shall be excluded.
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Section 7
Payment of Rent
1. The basic rent, the operating costs and other incidental expenses are due
for payment in advance, on the 3rd working day of the current month at the
latest. The place and type of payment shall be determined by the Landlord.
Whether payment is in time shall depend on the day of receipt of payment.
2. Payments of the Tenant have to be made to the following account:
owner: KG Bayerische Hausbau GmbH und Co.
bank: Bayerische Landesbank Munchen
bank code number: 700 500 00
account number: 190 341 53
purpose of use: 1.0059.1301.1
3. The rent shall be transferred by standing order.
4. If the Tenant is in default with his payments, payments are to be
appropriated to eventual costs, charges for the request for payment,
interest etc. first, then to the operating costs and other incidental
expenses, and last to the oldest basic rent. The Tenant has to pay a lump
sum for expenses of DM 10.00 for every reminder. This shall also apply to
reminders which are caused by incorrect or incomplete information on
paying-in slips of the Tenant. In the case of non-controversial default in
payment of more than one monthly rent, the Landlord is also authorized to
discontinue supply services such as heating with immediate effect until
the arrears--including eventual costs incurred in making request for
payment or costs of proceedings--have been completely settled.
5. Any rights of retention which are not based on this contractual
relationship, rights of set-off except against a claim of the Landlord
which has not been contested or has become res judicata against the basic
rent, operating costs or other incidental expenses shall be excluded.
Section 8
Handing Over of Leased Property
1. The date the leased property will be handed over shall be determined by
the Landlord. The Landlord will not assume any liability for a specific
date of handing over or for the previous tenant vacating the premises in
time unless the damage the Tenant provably suffered was caused by an
intentional or grossly negligent violation of obligation on the part of
the Landlord or his vicarious agents.
2. Before or when the leased property is handed over, a delivery record is
made, which has to be signed by the Landlord and the Tenant. The Tenant
takes over the leased property pursuant to this delivery record.
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If the Tenant is absent on the date of handing over despite timely prior
notification without sufficient excuse, the leased property shall be
considered handed over after the Landlord prepared a delivery record and
sent it to the Tenant, and this with the consequence that default of the
debtor for the first basic rent including operating costs and other
incidental expenses starts as of this date.
As an alternative, the Landlord is entitled to withdraw from the contract
with immediate effect and to demand damages due to non-performance.
If the leased property can only be leased on after the complete or partly
removal of special requests ordered by the Tenant and already performed
and if the Landlord is thus incurred additional costs and expenses, the
Tenant has to reimburse them to the full extent.
3. The operating costs and other incidental expenses have to be paid
completely starting from the date the leased property is handed over. The
leased property can only be handed over if the Landlord has received the
required surety.
If the leased property is, in exceptional cases, handed over though, the
Landlord is entitled to withdraw from the lease again with immediate
effect if the Tenant does not make the due payments within 10 calendar
days after the leased property was handed over. The same shall apply if
the Tenant does not reimburse the additional costs of conversion according
to Section 9, number 2 within one month after the final accounts were
rendered. The Tenant shall be liable for full compensation for any damage
the Landlord suffers until he can lease the property on. Number 2, par. 3
shall apply accordingly.
4. The Landlord has to be advised of any defects of the leased property two
weeks after it was handed over at the latest, for which the date of the
delivery record is decisive. If defects are not advised of within this
time limit, the Tenant acknowledges that he took over the leased property
in due condition and as agreed upon in this contract.
5. Claims for damages and reduction of the rent due to defects of the leased
property as well as reductions or claims for damages due to construction
noise or the maintenance of construction sites, even if arranged for by
the Landlord, shall be excluded as far as they only represent minor
impairment regarding the usability of the leased property.
Section 9
Changements and Improvements
1. If the Tenant, after the leased premises were handed over, wishes for a
design and/or furnishing of the leased premises which deviate from the
standard plans and the constructional description according to the
contract (special requests), he has to request prior written consent of
the Landlord in time.
Consent can only be denied for good cause, in particular if the special
requests intervene in the constructional design.
2. Unless otherwise agreed upon in writing, the planning and performance of
the work connected with the special requests is made by the Landlord as
general contractor by the order of and for the account of the Tenant; this
shall only apply to any work which is subject to warranty obligation.
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The Tenant has to reimburse the Landlord any planning and performance costs
which are incurred in connection with the placement and the performance of
the order as well as a general contractor supplement of 15% of the net
amount of the invoice plus respectively valid VAT within one month after
the final accounts were rendered. The Landlord is also entitled to demand
partial payment of the Tenant of 90% of the gross amount of the invoice of
the respectively proven performance, depending on the progress of the
construction work. The partial payments are respectively due for payment
three weeks after the invoice was made out, and interest of 2% above the
respective discount rate of Deutsche Bundesbank has to be paid on them in
the case of default.
Unless otherwise agreed upon in writing, the Tenant has to make an
irrevocable, unlimited absolute surety of a German big bank, for which a
deposit shall be excluded, to the amount of the expected costs advised by
the Landlord upon placement of the order and before the work starts. In
case this surety is not made in time, Section 8, number 2, par. 3 shall
apply accordingly.
3. The Landlord may also demand that the Tenant order such architect, engineer
engaged in statical calculations or crafts firm which the Landlord
bindingly assigned the Tenant or to the consultation of which the Landlord
agreed to further plan and perform the deviations to be authorized by the
Landlord on behalf of and for the account of the Tenant.
In this case, the Tenant shall be subject to the instructions and orders of
the Landlord and the specialists ordered by him in the performance of any
work. The Tenant shall also be liable to the Landlord that no damage be
done to the leased property in the performance of services of that kind.
The Tenant has to release the Landlord from any costs of these special
requests and of eventual other related claims of the contractors,
architect(s) and specialist engineers instructed by him. Any claims of the
Tenant for compensation of related increased costs or improvements of value
of the leased property as well as claims for reduction and damages due to
eventual defects of the deviating design and/or furnishing of the leased
property to the Landlord shall be excluded.
The Tenant shall bear any dangers in connection with the performance of
special requests and other measures arranged by the Tenant on his own
behalf and for his own account. He hereby releases the Landlord from any
claims which--on which legal grounds whatsoever--may be raised against the
Landlord in this connection.
4. If the completion of constructional measures regarding the design and/or
the furnishing of the leased property arranged by the Tenant is delayed, no
matter if the Landlord or third parties were instructed with the measures,
the Landlord's determination of the date of handing over the leased
premises and the start of the payments agreed upon in this contract shall
not be affected thereby. If the Landlord was instructed with the special
requests, another regulation shall only apply if the delay was caused
intentionally or grossly negligently by the Landlord or his vicarious
agents.
5. The Landlord may, after prior announcement, carry out any maintenance
measures, repairs and changements of the property and of the leased
premises even without the consent of the Tenant as far as is necessary or
useful. Business operation may not be considerably impaired.
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The Tenant may not obstruct this work, and in particular has to keep the
leased premises accessible for the performance thereof. As far as he does
not comply with these obligations, he has to reimburse the Landlord the
resulting damage.
In the case of claims for damages or reduction of rent the Tenant may raise
against the Landlord in the case of repair or changement work or in the
case of the remedy of constructional defects relating to the usability of
the leased property, the regulations of the Civil Code shall apply.
6. The Tenant may not make any constructional or other changes inside (changes
of the room division, for example) and at the front of the leased property,
even during the term of lease, without prior written consent of the
Landlord. This shall also apply to writings of any type (name and company
signs, illuminated letters etc.)
7. If the Tenant wishes to remove or change again changements of the leased
property arranged by him during the term of lease, written consent of the
Landlord and a corresponding placement of an order to the Landlord is
required again.
Section 10
Maintenance Repairs and Improvement Repairs
1. The Tenant has to take good care of the leased property, its furnishings,
the property including any joint installations and outdoor grounds. The
Tenant shall be liable for damages for any arising damage and expenditure
the Landlord is incurred.
2. The Tenant shall provide for due cleaning, airing and heating of the
leased property and shall take over the maintenance and repair of the
leased property and its furnishings if caused by the Tenant (electrical,
sanitary installations, locks, glass panes, panel ceilings, sun protection
installations etc., for example) and improvement repairs (painting the
walls and ceilings with latex paint, the radiators, and cleaning or
renewing the floor coverings and cleaning the panel ceilings as well as
polishing the veneered xxxxxxxx xxxx doors, etc., for example).
Further regulations are established in Enclosure b (Distribution of repair
and renovation charges).
3. If, in the case of damage or clogging up of pipes, it cannot be
established which tenant caused them, all tenants which are located above
the concerned spot shall be liable jointly.
4. If the Tenant does not meet his obligations pursuant to number 1-3 above
despite written request within one month, the Landlord can arrange
required work at the expenses of the Tenant without grace period.
5. The loss of keys has to be reported to the Landlord immediately. In the
case of loss of keys, the Tenant shall bear the expenses for the new
acquisition as well as for an eventual exchange of the locks.
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6. The Tenant shall report any occurring damages or defects of the leased
premises themselves and of the joint installations located within the
leased property to the Landlord immediately and in writing. If the Tenant
fails to make this report, he shall be liable to reimburse the resulting
damage. The Tenant shall bear the burden of proof that he made the report
in time.
Section 11
Subleasing/Subletting of Premises to a Third Party
1. Any complete or partial subletting of the premises to third parties, in
particular subleasing the leased property, requires prior written consent
of the Landlord. Subleasing is permitted for company-related enterprises
such as subsidiaries or any firms which are economically connected to the
principal Tenant otherwise after prior announcement.
2. The Landlord can revoke the consent to subletting of the premises to a
third party for good cause any time.
3. If any official requirements have to be met for other use, even within
subletting or subleasing, they shall be exclusively provided for by the
Tenant.
Section 12
Lien of Landlord
1. The Landlord has a lien of the contributed objects of the Tenant
(furniture, machines and other fixtures and facilities) for any claims,
including future claims, resulting from this contract and the enclosures
thereof.
2. In the case of seizure of contributed objects by third parties, the Tenant
engages himself to advise the Landlord of the extent of seizure
immediately.
3. The Tenant irrevocably assigns all existing and future claims to which he
is entitled from third parties from the subletting of leased premises, in
particular from subleasing, to the Landlord. The Landlord is hereby
authorized by the Tenant to inform the third party of the assignment in the
case of default in payment in the place of and on behalf of the Tenant, and
to collect the sums the third party owes the Tenant.
Section 13
Accessability of Leased Property
1. The Landlord or any person authorized by him is entitled to access the
leased premises during the day after prior announcement. In case of
imminent danger, he has this right any time; if required, he can have the
leased premises opened at the expenses of the Tenant.
2. The Tenant has to provide for the leased premises being accessible even if
he is absent, if required.
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3. If the Tenant does not keep the leased property accessible for the
Landlord, he shall be liable for any damage for the Landlord or a third
party which results therefrom.
4. If the Landlord wants to sell the property or if the lease has been
terminated, he may access the leased property together with an interested
party on working days from Monday to Friday after timely prior
announcement. After termination has been made, the Landlord may also put up
to-let-signs at the leased property anywhere he wants.
5. In order to provide for accessability in case of imminent danger, the
Tenant expressly agrees to one key for each leased premise remaining with
the Landlord respectively.
Section 14
Termination in Extraordinary Cases
1. The Tenant has a right of termination pursuant to Section 9, number 5,
par. 4.
2. The Landlord can terminate the lease without notice if
a) the Tenant is in default with more than two monthly rents or did not
make the agreed surety at the time, to the amount or of the type
established in this contract;
b) the Tenant discontinues his payments or if legal composition
proceedings or bankruptcy proceedings are instituted on his assets;
c) the Tenant, despite two written warnings which pointed out the
consequences, does not comply with the terms and conditions of the
contract.
3. If the lease is terminated due to termination of the Landlord without
notice, the Tenant shall be liable to the Landlord for the loss of rent
including all operational costs and other incidental expenses until the
leased property is leased again. Eventual claims of the Tenant against the
Landlord will only be due for repayment after this date. The Landlord will
under no circumstances have to pay interest on these claims. The Landlord
reserves the right to assert further claims.
Section 15
Surety
1. The Tenant will lodge a surety of 3 gross monthly rents to the amount of
DM 43,340.00
(in words: four-three-three-four-nought)
The Tenant is permitted to make the surety by means of a surety of a bank
if it corresponds with the model of the Landlord.
The model may in particular provide that payments have to be made upon
first request.
2. The surety is due upon the handing over of the leased unit unless otherwise
provided by this contract. The surety will be returned two months after the
lease expired and the leased unit was returned pursuant to the contract
and eventual counterclaims of the Landlord were set off at the earliest.
The Landlord reserves the right to withhold the portion of the operating
costs.
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3. If the rent is changed by at least 10% during the term of lease, the Tenant
is, upon the request of the Landlord, obliged to make a corresponding
adjustment of the surety. The Landlord is entitled to make use of the
surety even during the time of lease in order to cover non-controversial
claims he may be entitled to. As far as the Landlord made said use, the
Tenant is obliged to replenish the surety to the amount and type agreed
upon.
4. If the Tenant does not lodge the agreed surety at the date due at the
latest or if he does not replenish is pursuant to number 3, the Landlord is
entitled to withdraw from the contract with immediate effect or to
pronounce extraordinary termination of the lease without notice.
Section 16
Expiry of Lease
1. Upon expiry of the lease, the Tenant has to
a) carry out the improvement repairs to which he is obliged pursuant to
Section 10, number 2 and to return the leased property in the state
pursuant to the contract. The time required for carrying out the
improvement repairs shall be during the term of lease and shall thus
be for the Tenant's account.
b) hand out any keys of the leased property to the Landlord. As for the
rest, Section 10, number 5 shall apply.
2. Unless otherwise provided in writing, the Tenant has to remove -- at his
own expenses and before moving out -- any changements of the leased
property, installations and alterations as well as changements of the
design or the furnishings of the leased property (special requests) made or
arranged by him, and has to create the state pursuant to the original
leasing plan and the constructional description in the contract of the
Landlord. Unless otherwise provided in writing, this work is carried out by
the Landlord as general contractor by order of and for the account of the
Tenant.
Unless otherwise provided in writing, any claims for redemption or
compensation for objects or services that are not removed shall be excluded
for the Landlord.
3. As far as another conversion of the leased premises for a different purpose
is intended after the lease expired, the Landlord is, as an alternative,
entitled to demand of the Tenant to make an appropriate contribution to the
conversion expenses instead of creating the original state or making
improvement repairs. The Landlord shall present an estimate of expenses.
Unless otherwise provided in writing, said estimate is calculated from the
expected amount of costs of creating the original state.
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Section 17
Changes of Rent
If the cost-of-living index for the living standard of a four-person employee
household with average income as published by the Federal Statistical Office
changes by more than 10 points (base 1991 = 100) compared to the time the lease
started (01.05.1998), the rent will increase or decrease in the same ratio
automatically starting from the 1st day of the following month as soon as the
index figure reached 10 points upwards or downwards. An increase or decrease
can be made starting from 01.05.2001 for the first time.
This shall also apply as far as graduated rents were established in the
contract for specific periods. The latter shall only be considered agreed upon
as minimum rents, the new establishment of which can also be demanded if the
10-point limit is passed.
The notice on the part of the Landlord shall only have a declaratory function.
In the case of increase of the rent, the Tenant cannot plead that he got the
notice after the official publication of the increase of the index figures only.
For the subsequent time of the contract, the rent can, pursuant to par. 1, be
adjusted as at the time of the state of the index last taken into consideration
after the required points (10) were reached respectively. The claim on the part
of the Landlord for adjustment of the rent does not lapse, even if the
Landlord does not make an adjustment of rent immediately when the points are
reached.
This regulation requires the authorization of the State Central Bank, which
authorization the Landlord will request.
Section 18
Other Provisions
1. The Tenant is not permitted to assign any rights under this contract to
third parties without the consent of the Landlord.
2. Claims for liability of the Tenant against the Landlord and his vicarious
agents shall be subject to the regulations of the Civil Code.
3. Should any parts of this contract including the enclosures thereof be or
become legally ineffective, the effectiveness of the other provisions
shall remain completely unaffected thereby. The contracting parties engage
themselves, upon request of one of them, to make up for the invalid
provisions in legally effective manner and, as far as possible, without
changing the factual contents of the contract.
4. The Landlord is authorized to make an affiliated company enter this
contract in his place completely or in part by unilateral written
declaration.
5. The place of performance and place of jurisdiction shall be Munich.
6. Any rights of retention which are not based on this lease and rights of
set-off, except against a claim of the Landlord for rent, operating costs
and other incidental expenses which claim has not been contested and has
become res judicata, shall be excluded.
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7. Supplementary arrangements must be in writing in order to be effective and
are to be incorporated into this contract as enclosures. There have not
been made any subsidiary agreements of this contract.
8. The Tenant will be granted a guarantee of first offer of neighbouring
office spaces, whereby a time limit for decision of two weeks shall be
considered agreed upon.
9. The Tenant knows that the Landlord himself is not the owner of the real
property. If the principal lease expires, the Subtenant is, upon request
of the Landlord, obliged to consent to the real property owner or another
authorized third person entering the existing lease as landlord, whereby
the provisions provided therein shall continue.
Section 19
Parts of Lease
The parts of the lease include:
- Enclosure a) Rules of the house for business enterprises
- Enclosure b) Distribution of repairs and renovation charges
- Enclosure c) List of operating expenses pursuant to enclosure 3 of Section
27, par. 1 of the 2nd Calculation Regulations
- Enclosure d) Constructional description
The Tenant declares to have read all arrangements and Enclosures of this
contract. He acknowledges the contents thereof to be legally binding for him.
Munich, 29.02.1996
sgd.: illegible sgd.: X. Xxxx
stamp and signature stamp and signature
BIV in representation of the Landlord of the Tenant
X. Xxxx, X. Xxxxxx Xxxxxxx Xxxx
names of the undersigned name(s) of the undersigned
Managing Director of CYBERNET AG
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ XXXXXXXXX XXXXXX
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Translation from German
Enclosure a of the Lease
RULES OF THE HOUSE FOR BUSINESS ENTERPRISES
Section 1
Special Obligations of Tenant
1. The Tenant engages himself to treat the leased premises and the entire
property including all installations with due care and to keep them clean.
2. Putting up and storing objects of any kind outside the leased premises is
not permitted. Bicycles and mopeds must not be parked inside the leased
property.
3. Parking as well as loading and unloading is only permitted on the spaces
provided for this purpose.
4. Fuels and easily inflammable materials must not be stored inside the
leased premises. In particular the official provisions for fire prevention
have to be observed.
5. Animals, in particular pets, may only be kept in the leased premises with
written consent of the Landlord.
Section 2
Safety Regulations
1. Storing easily inflammable materials and objects as well as smoking and
open fire are not permitted in the cellars, attics, stores and garages.
2. The doors leading to the leased premises have to be kept shut after office
hours.
3. The Tenant has to prevent the unauthorized use of property installations on
the part of persons which are not related to him.
4. Information as well as obligatory and prohibitory signs have to be
observed.
Section 3
Emergencies
1. If a fire is discovered, the following institutions have to be notified
immediately.
a) fire brigade
b) police
c) property management/caretaker
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If the property management cannot be reached, the same shall apply
correspondingly if damage caused by water, by oil, by gas and by smoke is
discovered as well as in other events of emergency. The duty of notification
does not only apply to the leased premises but to the entire property. The
relevant provisions of the fire direction, of the emergency relief organization
for damage caused by gas and water, of the technical relief organization, of the
civil population protection and of other applicable authorities have to be
observed.
2. If capital crimes are discovered, the respectively competent authorities
have to be informed.
Section 4
Nuisance of Co-Tenants and Neighbours
1. The Tenant engages himself to show utmost consideration for the other
co-tenants and to refrain from any disturbance and nuisance within the
silence periods provided by law.
2. Making and taking delivery of goods of any kind is not permitted between
22:00 and 6:00. Exceptions require the written consent of the Landlord.
3. Starting the operation of machines which cause noise and vibrations as well
as operating phono systems of any kind which exceed the statutory or
official limits is not admissible. Exceptions are only permissible with the
written consent of the Landlord.
4. Nuisance of the other co-tenants by dust or smell, which applies in
particular to restoration enterprises, has to be avoided. The Tenant has to
take appropriate measures for necessary disintegration of the smell or
airing at his own expenses.
Necessity shall be determined by the Landlord.
Section 5
Refuse
1. Rubbish and waste products of any kind may only be filled into the
containers designated for this purpose.
2. It is not permitted to throw any liquid, mushy, splintering or bulky
objects into the waste disposal unit. In the case of contravention, the
responsible Tenant has to pay a charge of DM 20.00; besides, he shall be
liable for any corresponding costs and damages.
3. Washbasins and sink units as well as toilets are to serve the purpose for
which they are designated only; emptening other rubbish and liquids, in
particular acids and lyes, is to be forborne. The Tenant shall be liable
for any damage of the toilets and washing units.
4. The Tenant has to bear the costs of removal and disposal of his industrial
waste. In the case of short-term storage of the industrial waste within his
leased premises, he has to provide for hygenic and appropriate storage.
16
5. The leased property has to be kept free of any parasites. If there is
suspicion of parasites, the Landlord can have the leased property examined
and, if required, have the leased property disinfected at the expenses of
the Tenant. In case parasites are discovered, claims for damages and
reduction of rent against the Landlord shall be excluded in any case.
Section 6
Front and Shop Windows
1. Vending machines may only be put up outside the leased premises (front,
hallways, corridors) with the consent of the Landlord.
2. Painting the shop and office windows with letterings or symbols can also be
prohibited by the Landlord if the overall picture of the building or
property is disturbed thereby.
3. Any company advertising or advertisement must not give an indecent
impression and has to correspond to the traditional, public opinion of good
morals.
4. Putting up sales stands, offering goods or otherwise using free spaces in
front of the leased premises is not permitted. Exceptions require the
written consent of the Landlord.
Section 7
Particular Installations
1. Passenger lifts may only be used for the purpose for which they are
designated. Transporting goods or bulky objects is not permitted.
2. Goods lifts may not be used for storing objects. Transporting persons may
only be permitted in exceptional cases. The relevant provisions of the
trade association, of the safety standards authority and of other competent
authorities have to be observed when operating the goods lifts.
3. The unauthorized utilization of particular operational or safety
installations (alarm systems, fire extinguishers etc.) result in
prosecution.
Section 8
Heating
The claim for heating covers the time between 7:00 and 20:00, except for
Saturdays, Sundays and public holidays.
This claim shall be excluded if the Tenant changes the premises with
installations or alterations in such manner that the room temperature cannot be
maintained.
The heating periods is from 01.10 to 30.04. of every year.
17
Section 9
Authorities of Caretaker
1. The caretaker is the vicarious agent of the property management.
2. The caretaker is authorized to pass instructions of the property management
within the rules of the house on to the Tenant.
3. The caretaker is obliged to notify the property management of any
violations of the rules of the house.
4. In case of imminent danger or in order to avoid damage for the Tenant and
the Landlord, the caretaker is authorized to access the leased premises by
force, if necessary. The costs of access by force shall be borne by the
Tenant.
Section 10
Other Provisions
The Landlord can extend or modify the rules of the house by additional
provisions. Provisions become a binding part of the rules of the house if they
are given notice of in writing by registered letter to the Tenant.
Section 11
Liability
"The Tenant has to effect a third party liability insurance and glass insurance
which provides cover at the date the Tenant moves in at the latest. This
obligation fails if the Landlord tells the Tenant upon the request of the
Tenant that object-related insurance contracts of this kind have already been
concluded. In this case, the Tenant has to bear the pro rata costs as
incidental expenses. This obligation applies for the Tenant even if he effects
his own insurances without having asked the Landlord regarding the existence
of object-related insurance contracts beforehand."
Munich, 29.02.1996
sgd.: illegible sgd.: X. Xxxx
stamp and signature stamp and signature
BIV in representation of the Landlord of the Tenant
X. Xxxx, X. Xxxxxx Xxxxxxx Xxxx
names of the undersigned name(s) of the undersigned
Managing Director of CYBERNET AG
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ XXXXXXXXX XXXXXX
18
Translation from German
7th SUPPLEMENT
of the principal lease of 29.02.1996
between: KG Bayerische Hausbau GmbH & Co.
- Landlord -
represented by: BIV BAYERISCHE IMMOBILIENVERWALTUNG GMBH
Xxxxxxxxxxxxxx 0, 00000 Xxxxxx
and: Cybernet XX
Xxxxxxxx-Xxxxxxxxxxxxxxxx
Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx
- Tenant -
Section 1
Leased Property
On the property Xxxxxxxxxx XX0, Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx, the spaces
indicated hereunder are leased:
office A + B on the 3rd floor of 491.27 m2
office E on the 3rd floor of 281.61 m2
office C on the 3rd floor of 305.76 m2
office D on the 3rd floor of 238.61 m2
cellar 1 D on the 1st basement of 53.50 m2
cellar 22/23 on the 1st basement of c. 40.00 m2
36 parking spaces for cars
Section 2
Additional Lease
As of 01.07.1998, the cellar no. 26/27 on the 1st basement of c. 70.07 m2 will
be additionally leased for DM 8.00/m2 net per month.
Section 3
Rent
The rent will be established as follows starting from 01.07.1998:
19
office A + B 3rd floor of 491.27 m2 at DM 25.00 DM 12,281.75
office C 3rd floor of 305.76 m2 at DM 25.00 DM 7,644.00
office D 3rd floor of 238.61 m2 at DM 25.00 DM 5,965.25
office B 3rd floor of 281.61 m2 at DM 25.00 DM 7,040.25
cellar 1 D 1st basement of 53.50 m2 at DM 8.00 DM 428.00
cellar 22/23 1st basement of c. 40.00 m2 at DM 8.00 DM 320.00
cellar 26/27 1st basement of 70.06 m2 at DM 8.00 DM 560.48
plus statutory VAT, at present 16% DM 5,478.36
------------
DM 39,718.09
Advance payment of incidental expenses pursuant to the
2nd Operating Costs Regulations:
unchanged: DM 5,653.64
Parking spaces for cars:
unchanged: DM 2,505.60
Total monthly rent starting from 01.07.1998 DM 47,877.33
Section 4
Other Provisions
As for the rest, the terms and conditions of the principal lease of 29.02.1996
including the enclosures and additions thereof shall continue to be valid to
their full extent unless modified by this or previous supplements.
Munich, 09.06.1998
sgd.: illegible sgd.: X. Xxxxxx
BIV in representation of the Tenant
Landlord sgd.: X. Xxxx
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ XXXXXXXXX XXXXXX
20
Translation from German
6th SUPPLEMENT
of the principal lease of 29.02.1996
between: KG Bayerische Hausbau GmbH & Co.
-Landlord-
represented by: BIV BAYERISCHE IMMOBILIENVERWALTUNG GMBH
Xxxxxxxxx Xxxxxxx, 000, 00000 Xxxxxx
and: Cybernet XX
Xxxxxxxx-Xxxxxxxxxxxxxxxx
Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx
-Tenant-
Section 1
Change of Rent
1. In Section 17 of above principal lease, a rent adjustment clause has been
agreed upon. The parties agree that this clause ceases to be a part of the
lease and that rent adjustment is agreed upon as follows:
2. If the cost-of-living index for the living standard of a four-person
employee household with average income as published by the Federal
Statistical Office changes by more than 10 points (basis 1991 = 100)
compared to 01.05.1998, the rent will increase or decrease in the same
ratio automatically starting from the 1st day of the following month as
soon as the index figure reached 10 points upwards or downwards.
3. An increase or decrease can be made starting from 01.05.2001 for the first
time.
4. The notice on the part of the Landlord shall only have a declaratory
function. In the case of increase of the rent, the Tenant cannot plead
that he got the notice after the official publication of the increase of
the index figures only.
5. For the subsequent time of lease, the rent can, pursuant to par. 1, be
adjusted as at the time of the state of the index last taken into
consideration after the required points (10) were reached respectively.
The claim on the part of the Landlord for adjustment of the rent does not
lapse, even if the Landlord does not make an adjustment of rent
immediately when the points are reached.
6. This regulation requires the authorization of the State Central Bank,
which authorization the Landlord will request.
21
Section 2
Other Provisions
As for the rest, the terms and conditions of the principal lease of 29.02.1996
including the enclosures and additions thereof shall continue to be valid to
their full extent unless modified by this or previous supplements.
Munich, 13.01.1998
sgd.: illegible sgd.: X. Xxxx
BIV in representation of the Landlord Tenant
Cybernet Internet-Dienstleistungen AG
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ Xxxxxxxxx Xxxxxx
22
Translation from German
5th SUPPLEMENT
of the principal lease of 29.02.1996
between: KG Bayerische Hausbau GmbH & Co.
- Landlord -
represented by: BIV BAYERISCHE IMMOBILIENVERWALTUNG GMBH
Xxxxxxxxx Xxxxxxx 000, 00000 Xxxxxx
and: Cybernet AG
Internet-Dienstleistungen
Xxxxxx-Xxxxxx-Ring 19,81929 Munich
- Tenant -
Section 1
Leased Property
On the property Xxxxxxxxxx XX0, Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx, the spaces
indicated hereunder are leased:
office A + B on the 3rd floor of 491.27 m(2)
office C on the 3rd floor of 305.76 m(2)
office D on the 3rd floor of 238.61 m(2)
cellar 1 D on the 1st basement of 53.50 m(2)
cellar 22/23 on the 1st basement of c. 40.00 m(2)
36 parking spaces for cars
Section 2
Additional Lease
As of 01.01.1998, the space B on the 3rd floor of about 281.61 m(2) will be
additionally leased for DM 24.00/m(2) net per month.
The Tenant knows that sound insulation cannot be guaranteed between space A and
space B due to the properties of the partition wall.
As of 01.08.1998, the space A on the 3rd floor of about 258.08 m(2) will be
additionally leased for DM 25.00/m(2) net per month.
For the additionally leased spaces, the same terms and conditions analogously
to the principal lease of 29.02.1996 shall be considered agreed upon.
23
Section 3
Rent
The rent will be established as follows starting from 01.01.1998:
office A + B 3rd floor of 491.27 m(2) at DM 22.00 DM 10,807.94
office C 3rd floor of 305.76 m(2) at DM 22.00 DM 6,726.72
office D 3rd floor of 238.61 m(2) at DM 24.00 DM 5,726.64
office B 3rd floor of c. 281.61 m(2) at DM 24.00 DM 6,758.64
cellar 1D 1st basement of 53.50 m(2) at DM 8.00 DM 428.00
cellar 22/23 1st basement of c. 40.00 m(2) at DM 8.00 DM 320.00
plus statutory VAT, at present 15% DM 4,615.19
------------
DM 35,383.13
Advance payment of incidental expenses pursuant to the
2nd Operating Costs Regulations:
office 1,317.25 m(2) at DM 3,70 DM 4,873.83
plus VAT 15% DM 731.07 DM 5,604.90
-----------
Parking spaces for cars:
unchanged: DM 2,484.00
Total monthly rent starting from 01.01.1998 DM 43,472.03
Pursuant to Section 5, number 2 of the lease, the rent will be established as
follows starting from 01.05.1998:
office A + B 3rd floor of 491.27 m(2) at DM 25.00 DM 12,281.75
office C 3rd floor of 305.76 m(2) at DM 25.00 DM 7,644.00
office D 3rd floor of 238.61 m(2) at DM 25.00 DM 5,965.25
office B 3rd floor of c. 281.61 m(2) at DM 25.00 DM 7,040.25
cellar 1D 1st basement of 53.50 m(2) at DM 8.00 DM 428.00
cellar 22/23 1st basement of c. 40.00 m(2) at DM 8.00 DM 320.00
plus statutory VAT, at present 15% DM 5,051.89
------------
DM 38,731.14
Advance payment of incidental expenses pursuant to the
2nd Operating Costs Regulations:
unchanged: DM 5,604.90
Parking spaces for cars:
unchanged: DM 2,484.00
Total monthly rent starting from 01.05.1998 DM 46,820.04
24
The rent will be established as follows starting for 01.08.1998:
office A + B 3rd floor of 491.27 m(2) at DM 25.00 DM 12,281.75
office C 3rd floor of 305.76 m(2) at DM 25.00 DM 7,644.00
office D 3rd floor of 238.61 m(2) at DM 25.00 DM 5,965.25
office B new 3rd floor of c. 281.61 m(2) at DM 25.00 DM 7,040.25
office A new 3rd floor of c. 258.08 m(2) at DM 25.00 DM 6,452.00
cellar 1D 1st basement of 53.50 m(2) at DM 8.00 DM 428.00
cellar 22/23 1st basement of c. 40.00 m(2) at DM 8.00 DM 320.00
plus statutory VAT, at present 15% DM 6,019.69
------------
DM 46,150.94
Advance payment of incidental expenses pursuant to the
2nd Operating Costs Regulations:
office 1,575.33 m(2) at DM 3,70 DM 5,828.72
plus VAT 15% DM 874.31 DM 6,703.03
-----------
Parking spaces for cars:
unchanged: DM 2,484.00
Total monthly rent starting from 01.08.1998 DM 55,337.97
Section 4
Surety
Pursuant to Section 15 of the principal lease of 29.02.1996, the existing
surety of DM 92,000.00 has to be increased as follows:
01.01.1998 DM 123,000.00
01.08.1998 DM 159,000.00
Section 5
Other Provisions
As for the rest, the terms and conditions of the principal lease of 29.02.1996
including the enclosures and additions thereof shall continue to be valid to
their full extent unless modified by this or previous supplements.
Munich, 22.09.1997
sgd.: illegible sgd.: X. Xxxx
BIV in representation of the Tenant
Landlord Cybernet Internet-Dienstleistungen AG
25
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
[SIG]
26
Translation from German
4th SUPPLEMENT
of the principal lease of 29.02.1996
between: KG Bayerische Hausbau GmbH & Co.
-- Landlord --
represented by: BIV BAYERISCHE IMMOBILIENVERWALTUNG GMBH
Xxxxxxxxx Xxxxxxx 000, 00000 Xxxxxx
and: Cybernet XX
Xxxxxxxx-Xxxxxxxxxxxxxxxx
Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx
- Tenant -
Section 1
Leased Property
On the property Xxxxxxxxxx XX0, Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx, the spaces
indicated hereunder are leased:
office A + B on the 3rd floor of 491.27 m(2)
office C on the 3rd floor of 305.76 m(2)
office D on the 3rd floor of c. 237.00 m(2)
cellar 1 D on the 1st basement of 53.50 m(2)
cellar 22/23 on the 1st basement of c. 40.00 m(2)
36 parking spaces for cars
Section 2
Subsequent Calculation of Space
For space D on the 3rd floor additionally leased as of 16.07.1997, the Landlord
made a subsequent calculation of the leased space.
The result of the subsequent calculation of space D is 238.61 m(2) according to
the enclosed leasing plans.
27
Section 3
Rent
The rent is established as follows as of 16.07.1997 retrospectively:
office A + B 3rd floor of 491.27 m(2) at DM 22.00 DM 10,807.94
office C 3rd floor of 305.76 m(2) at DM 22.00 DM 6,726.72
office D 3rd floor of 238.61 m(2) at DM 24.00 DM 5,726.64
cellar 1 D 1st basement of 53.50 m(2) at DM 8.00 DM 428.00
cellar 22-23 1st basement of c. 40.00 m(2) at DM 8.00 DM 320.00
plus statutory VAT, at present 15% DM 3,601.40
------------
DM 27,610.70
Advance payment of incidental expenses pursuant to the
2nd Operating Costs Regulations:
office 1,035.64 m(2) at DM 3,70 DM 3,831.87
plus VAT 15% DM 574.78 DM 4,406.65
-----------
Parking spaces for cars:
unchanged: DM 2,484.00
Total monthly rent as of 16.07.1997 DM 34,501.35
Section 4
Other Provisions
As for the rest, the terms and conditions of the principal lease of 29.02.1996
including the enclosures and additions thereof shall continue to be valid to
their full extent unless modified by this or previous supplements.
Munich, 06.08.1997
sgd.: illegible sgd.: X. Xxxx
BIV in representation of the Tenant
Landlord
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ Xxxxxxxxx Xxxxxx
28
Translation from German
3rd SUPPLEMENT
of the principal lease of 29.02.1996
between: KG Bayerische Hausbau GmbH & Co.
- Landlord -
represented by: BIV BAYERISCHE IMMOBILIENVERWALTUNG GMBH
Xxxxxxxxx Xxxxxxx 000, 00000 Xxxxxx
and: Cybernet XX
Xxxxxxxx-Xxxxxxxxxxxxxxxx
Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx
- Tenant -
Section 1
Leased Property
On the property Xxxxxxxxxx XX0, Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx, the spaces
indicated hereunder are leased:
office A + B on the 3rd floor of 491.27 m(2)
office C on the 3rd floor of 305.76 m(2)
office D on the 3rd floor of c. 237.00 m(2)
cellar 1 D on the 1st basement of 53.50 m(2)
36 parking spaces for cars
Section 2
Additional Lease
As of 01.07.1997, the cellar no. 22-23 on the 1st basement of c. 40.00 m(2) will
be additionally leased for DM 8.00/m(2) net per month.
Section 3
Rent
The rent will be established as follows starting from 01.07.1997:
29
office A + B 3rd floor of 491.27 m(2) at DM 22.00 DM 10,807.94
office C 3rd floor of 305.76 m(2) at DM 22.00 DM 6,726.72
office D 3rd floor of c. 237.00 m(2) at DM 24.00 DM 5,688.00
cellar 1 D 1st basement of 53.50 m(2) at DM 8.00 DM 428.00
cellar 22-23 1st basement of c. 40.00 m(2) at DM 8.00 DM 320.00
plus statutory VAT, at present 15% DM 3,595.60
------------
DM 27,566.26
Advance payment of incidental expenses pursuant to the
2nd Operating Costs Regulations:
unchanged: DM 4,399.80
Parking spaces for cars:
25 underground parking spaces for cars at DM 80.00 DM 2,000.00
10 underground parking spaces for cars at DM 10.00 DM 100.00
01 parking space for a car above ground at DM 60.00 DM 60.00
plus statutory VAT, 15% DM 324.00
-----------
DM 2,484.00
Total monthly rent as of 16.07.1997 DM 34,450.06
============
Section 4
Other Provisions
As for the rest, the terms and conditions of the principal lease of 29.02.1996
including the enclosures and additions thereof shall continue to be valid to
their full extent unless modified by this or previous supplements.
Munich, 16.06.1997
sgd.: illegible sgd.: X. Xxxx
BIV in representation of the Tenant
Landlord
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ Xxxxxxxxx Xxxxxx
30
Translation from German
2nd SUPPLEMENT
of the principal lease of 29.02.1996
between: KG Bayerische Hausbau GmbH & Co.
- Landlord -
represented by: BIV BAYERISCHE IMMOBILIENVERWALTUNG GMBH
Xxxxxxxxx Xxxxxxx 000, 00000 Xxxxxx
and: Cybernet XX
Xxxxxxxx-Xxxxxxxxxxxxxxxx
Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx
- Tenant -
Section 1
Leased Property
On the property Xxxxxxxxxx XX0, Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx, the spaces
indicated hereunder are leased:
office A + B on the 3rd floor of 491.27 m(2)
office C on the 3rd floor of 305.76 m(2)
cellar 1 D on the 1st basement of 53.50 m(2)
30 underground parking spaces for cars
01 parking space for a car above ground
Section 2
Additional Lease
As of 01.07.1997, the office D on the 3rd floor of c. 237.00 m(2) will be
additionally leased for DM 24.00/m(2) net per month.
Section 3
Rent
The rent will be established as follows starting from 01.07.1997:
31
office A+B 3rd floor of 491.27 m(2) at DM 22.00 DM 10,807.94
office C 3rd floor of 305.76 m(2) at DM 22.00 DM 6,726.72
office D 3rd floor of c. 237.00 m(2) at DM 24.00 DM 5,688.00
cellar 1 D 1st basement of 53.50 m(2) at DM 8.00 DM 428.00
plus statutory VAT, at present 15% DM 3,547.60
------------
DM 27,198.26
Advance payment of incidental expenses pursuant to the
2nd Operating Costs Regulations:
office 1,034.03 m(2) at DM 3.70 DM 3,825.91
plus statutory VAT, 15% DM 573.89 DM 4,399.80
Parking spaces for cars:
20 underground parking spaces for cars at DM 80.00 DM 1,600.00
10 underground parking spaces for cars at DM 10.00 DM 100.00
01 parking space for a car above ground at DM 60.00 DM 60.00
plus statutory VAT, 15% DM 264.00
-----------
DM 2,024.00
Total monthly rent as of 01.07.1997 DM 33,622.06
============
Section 4
Surety
Pursuant to Section 15 of the principal lease of 29.02.1996, the bank guarantee
has to be increased to a total amount of DM 92,000.00 by 01.07.1997.
Section 5
Other Provisions
As for the rest, the terms and conditions of the principal lease of 29.02.1996
including the enclosures and additions thereof shall continue to be valid to
their full extent unless modified by this or previous supplements.
Munich, 02.04.1997
sgd.: illegible sgd.: X. Xxxx
BIV in representation of the Tenant
Landlord Cybernet AG
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ XXXXXXXXX XXXXXX
32
Translation from German
1st SUPPLEMENT
of the principal lease of 19.03.1998
between: Bayerische Grundbesitz GmbH & Co. Verwaltungs-KG
represented by: Bayerische Immobilienverwaltung GmbH
Xxxxxxxxx Xxxxxxx 000, 00000 Xxxxxx
-Landlord-
and: Cybernet
Internet-Dienstleistungen AG
Xxxxxx-Xxxxxx-Xxxx 00, 00000 Xxxxxx
-Tenant-
Section 1
Leased Property
On the property "Xxxxxxx Xxxxx", Xxxxxxxxxxxxxxxxxx 0, 00000 Xxxxxx, the
following commercial units are leased:
office on the 1st floor c. 316.00 m(2)
cellar 1014 on the 2nd basement c. 82.75 m(2)
Section 2
Calculation of Space
For the office and cellar spaces indicated under Section 1, the Landlord made a
calculation of space (pursuant to the principal lease, Section 1, number 3) and
recorded it in the leasing plans which are incorporated into the supplement.
As of the start of lease (01.05.1998), the definite office space of 315.42 m(2)
as well as the definite cellar space of 86.22 m(2) will be used as a basis.
Section 3
Term
Due to the delay of performance on the part of the Landlord, the following new
term is agreed upon, modifying the lease of 19.03.1998, Section 4:
The lease starts on 01.05.1998
Term of lease: 5 years
End of lease: 30.04.2003
The obligation to pay rent starts on 01.06.1998. The operating costs and other
incidental expenses have to be paid starting from the start of lease
(01.05.1998).
33
Section 4
Change of Rent
The contracting parties agreed upon grading of the rent to start at the
beginning of the 2nd year of the contract. Due to the new start of lease
(01.05.1998), the start of grading is changed as follows:
01.05.1999 until 30.04.2000 increase of the rent basic rent to DM 34.00/m(2)
01.05.2000 increase of the net basic rent to DM 35.00 m(2)
Modifying the principal lease of 19.03.1998, Section 7, the start of the index
is set on 01.05.2000 (basis 1991 = 100).
Section 5
Rent
Due to the calculation of space, the new rent of the basic rent will be as
follows starting from the start of lease (01.05.1998):
basic rent:
office of 315.42 m(2) at DM 0.00/m(2) DM 0.00
cellar of 86.22 m(2) at DM 0.00/m(2) DM 0.00
plus statutory VAT, at present 16% DM 0.00
-----------
DM 0.00
incidental expenses pursuant to the 2nd Operating Costs Regulations
office of 315.42m(2) at DM 3.70/m(2) DM 1,167.05
flat energy charge for cellar lump sum DM 20.00
plus statutory VAT, at present 16% DM 189.93
-----------
DM 1,376.98
total rent DM 1,376.98
===========
34
Due to the calculation of space, the new rent of the basic rent will be as
follows starting from the start of payment (01.06.1998):
basic rent:
office of 315.42 m(2) at DM 33.00/m(2) DM 10,408.86
cellar of 86.22 m(2) at DM 9.00/m(2) DM 775.98
plus statutory VAT, at present 16% DM 1,789.58
------------
DM 12,974.42
incidental expenses pursuant to the 2nd Operating Costs Regulations
office of 315.42m(2) at DM 3.70/m(2) DM 1,167.05
flat energy charge for cellar lump sum DM 20.00
plus statutory VAT, at present 16% DM 189.93
------------
DM 1,376.98
total rent DM 14,351.40
============
Section 2
Other Provisions
As for the rest, the regulations and conditions of the principal lease of
19.03.1998 including the enclosures and additions thereof shall continue to be
valid to their full extent unless modified by this supplement.
Munich, 17.06.1998
sgd.: X. Xxxx
BIV in representation of the Landlord Tenant
Cybernet Internet-Dienstleistungen AG
--------------------------------------------------------------------------------
In my capacity as a public translator for the English language, duly
commissioned and sworn by the President of the Regional Court I of Munich, I
hereby certify that the foregoing is a true and complete English translation of
the German document submitted to me.
Munich, Federal Republic of Germany
26 August 1998
/s/ XXXXXXXXX XXXXXX
