COMMERCIAL LEASE AGREEMENT
Exhibit
4.32.2
Stamp:
STAMP
DUTY
Ministry
of Economy and Finance Euro 14,62
Tax
Office
Pursuant
to article 1571 and following of the Civil Code and Law 392/1978.
FINSIRTON
SPA, resident in VILLA GUARDIA, Piazza XX Settembre, 2, Tax Code 02827580131,
Lessor, LEASES THE FOLLOWING PROPERTY, FOR COMMERCIAL USE, to GENTIUM SPA,
domiciled in the premises of the lease agreement, tax code 02098100130,
Lessee,
WHO
ACCEPTS:
The
property unit situated in VILLA GUARDIA, Piazza XX Settembre, 2, with a total
area of 607 sq. meters, the cadastral details of which are indicated under
n.
sheet category
/
TERMS
AND CONDITIONS
1)
The
lease will have a duration of 6 years, starting from 01/01/07 until 31/12/13,
after which the agreement will be renewed for another period of 6
years.
The
Lessee has/does not have the faculty to terminate the agreement at an earlier
date, pursuant to art. 27, 7th
point of
Law 392/1978.
2)
The
price for the lease has been fixed in Euro 30,350.00 on an annual basis. The
price will be paid in 2 advanced six-month installments of Euro 15,175.00 each,
at a the premises of FISIRTON SPA.
3)
Pursuant to art. 32 of Law 392/1978, the Parties agree that, on request of
the
Lessor, the rent will be updated annually by 75% of the workers and clerks
consumer prices index variations, as published by the ISTAT (Central Statistics
Institute).
4)
The
Lessee must not delay the payment of the installments and accessory charges
over
the terms laid down in the norms in force, and will have the faculty to enforce
its rights or exceptions only after the payment of the installments
due.
5)
The
premises leased are intended for use only as laboratories, warehouses, offices
and IT. It is forbidden to sublet or assign the above premises, even partially,
or to change their intended use. For the purposes laid down in articles 34,
35,
37 and following of Law 392/1978, the Lessee declares that the property will
be
used for activities which involve/do not involve direct contact with the
public.
6)
For
the purposes laid down in art. 27, 8th
point of
Law 392/1978, it is declared that the refusal of the authorizations or permits
requested by the laws in force with regard to the activity carried out by the
Lessee may constitute one of the reasons for contract termination.
7)
The
Lessor declares that the property is in compliance with the building and town
planning norms, since it obtained the building permit and dwelling license
required.
8)
The
Lessee declares that it was informed that, prior to the current lease, the
property was not intended for use as dwelling.
9)
The
Lessee declares that it has examined the leased premises and that it has found
them fit for use and in good condition. The Lessee undertakes to return them
in
the same condition at the end of the agreement. The Lessee cannot make any
additions - unless the same can be removed at any time without damaging the
premises - or any innovations without the prior written consent of the owner.
The Lessee will undertake all ordinary maintenance repairs, namely, those to
be
carried out with regard to water, gas, light and sanitaryware systems, locks
and
keys, the hinges of door or window frames, the surfaces of walls, ceilings
and
door or window frames, floor and wall tiles.
10)
The
Lessee expressly exonerates the Lessor from all responsibility regarding any
direct or indirect damages which may arise from acts or omissions by other
tenants in the building or third parties, even if they were made possible or
helped by the absence or lack of attention on the part of the
janitor.
11)
The
Lessee undertakes to comply, on its behalf and on behalf of its family members
and employees, with the internal regulations of the building and, in any case,
with the regulations of good conduct with the neighbors and of civil living,
which the Lessee declares to know and accept.
12)
The
Lessor declines all responsibility in the case of interruptions in services
due
to causes independent of its will.
13)
The
charge of the heating costs will be made taking into account the surface area
occupied.
14)
The
Lessor has the right to inspect or order the inspection of the rented premises
at any time.
15)
Non-compliance with any of the covenants contained in the present agreement
on
the part of the Lessor, will cause, ipso
jure,
the
termination of the lease agreement.
16)
Any
possible sum deposited by the Lessor as warranty for damage will be kept as
caution money, in compliance with the laws in force, and it will be repaid
after
the premises have been returned to the Lessor in their regular condition. The
above sum cannot be accounted for as an advance on the installments. On request
of one of the Parties, the deposit can/cannot be increased or decreased in
proportion to the variations in the lease installments. If used, the deposit
must be reconstituted.
17)
The
duty stamp for the agreement and quittances, the registry tax required by law,
the heating costs, ordinary maintenance expenses and all service expenses will
be paid by the Lessor.
18)
The
clauses of the present deed are valid and effective between the Parties unless
derogated or modified by any applicable special laws on leasing.
19)
The
registration of the agreement will be the responsibility of the
Lessor/Lessee.
|
THE
LESSOR
FINSIRTON
S.p.A.
The
Chairperson
(Xx.
Xxxxx Xxxx Xxxxx)
/s/
Xxxxx Xxxxx
|
THE
LESSEE
Administration
and Finance
(Dr.
Xxxxxxxxx Xxxxxxxxx)
/s/
Xxxxxxxxx Xxxxxxxxx
|
We
accept
the agreement, and expressly articles from n. 1 to n. 19.
|
THE
LESSOR
FINSIRTON
S.p.A.
The
Chairperson
(Xx.
Xxxxx Xxxx Xxxxx)
/s/
Xxxxx Xxxxx
|
THE
LESSEE
Administration
and Finance
(Dr.
Xxxxxxxxx Xxxxxxxxx)
/s/
Xxxxxxxxx Xxxxxxxxx
|
WITH
REGARD TO VAT APPLICATION, THE PARTIES HAVE SELECTED THE OPTION PURSUANT TO
LAW
DECREE 223/2006, POINT 10 QUINQUIES.
Stamp:
The
original deed was registered in Como on 31/01/07 under n. 976 S3
Paid
Euro
310,94 (three hundred ten point 94).
THE
DIRECTOR
Signature
illegible.
