Exhibit 10.21
LEASE AGREEMENT
The following sublease agreement is entered between
Marketteam creativ GmbH (hereafter called "Landlord") and
EST GmbH, Dipl. Wirtschaftsingenieur (FH) Christian Benz (hereafter
called "Tenant"):
(S) 1 Lease Premises
1. Landlord hereby leases to Tenant a furnished office (useable floor space
approximately 20 square meters on the first floor) and a storage area
(approximately 15 square meters in the basement) of the building Xxxxx
Wohnbau GmbH Malsch, Xxxxxxxxxxxxxx 0, 00000 Xxxxxx.
2. Tenant shall also be entitled to the use of Landlord's conference room,
kitchen, and restrooms.
3. Tenant is a distributor of microprocessor development systems. Tenant
shall notify Landlord of every major change in the purpose of his
business. Landlord shall be notified of changes relevant to the
Landlord's lease after their occurrence.
4. At the time of delivery of the premises, Tenant shall be handed the keys
to the premises. The exact number of keys shall be listed in the delivery
log and shall be returned at the time the premises are vacated.
(S) 2 Rent
1. According to (S) 4 (1) of the contract, the rent for the premises
described in (S) 1 shall be from the date of delivery:
DM 22,00 per month per square meter of furnished useable floor space on
the first floor and
DM 6.00 per month per square meter of useable floor space in the basement
a lump sum of DM 200.00 for the use of the common areas and for
incidental costs plus value added tax in the respective amount.
______________
Ground floor DM 440.00 + 16% value added tax
Basement DM 90,00 + 16% value added tax
Lump sum DM 200.00 + 16% value added tax
Total DM 730.00 + DM 116.80 value added tax = DM 846.60
2. The entire rent plus value added tax shall be paid in advance by the
third business day of the month.
3. Incidental Services / Incidental Costs
1. In addition to the rent Tenant shall pay the proportionate share of the
operating and incidental costs not specifically designated as landlord
provided services.
a) The cost for water and sewage is included in the rent. Repairs caused by
Tenant mishandling shall be paid by Tenant.
b) The cost of operating the heating and warm water systems is included in
the rent. Repairs caused by Tenant mishandling shall be paid by Tenant.
c) The cost of garbage disposal is included in the rent.
d) The cost of cleaning, cleaning equipment, and supplies is included in the
rent.
e) The cost of electricity is included in the rent.
2. Insurance must be obtained and paid for by Tenant. This item includes
insurance for damages caused by water pipes, liability insurance, flood
insurance, machinery insurance, and glass insurance for the leased
premises. Fire and insurance against natural disasters will be paid for
by Xxxxx Wohnbau GmbH Malsch.
3. The cost of maintaining and operating the equipment, appliances, and
technical components on the premises and any incidental costs shall be
paid by Tenant directly.
(S) 4 Commencement and Duration of Lease
1. The lease shall begin on March 1, 1999.
2. The initial lease period shall be two years.
The lease agreement may be terminated by giving six months' notice prior
to the end of a quarter, but not before the expiration of the initial
lease period.
Upon the expiration of the initial lease and upon the expiration of each
subsequent two year lease period Landlord shall grant Tenant an option to
extend the lease period for another two years.
The option must be exercised no later than twelve months before the
expiration of the lease period.
3. Any agreement to continue or renew an expired lease period must be in
writing.
4. Irrespective of the above provisions the lease agreement may be
terminated for cause at any time without notice.
(S) 5 Building Rules / Parking Lot Regulations
Tenant recognizes the applicable rules of the building as binding.
(S) 6. Surrender of the Premises
1. Upon the expiration of the lease term, Tenant shall surrender the
premises completely vacated, in clean condition, and ready to be rented.
2. All keys, including those obtained by Tenant, must be returned to
Landlord.
3. In case Tenant has altered the premises or has equipped them with
improvements, appliances, machinery, and furnishings, he must, upon the
request of Landlord, return the premises to their original condition at
his expense.
(S) 7. Venue
Venue for all disputes arising out of this agreement shall be Karlsruhe.
(S) 8. Special Agreements
1. Modifications and amendments of this agreement must be in writing. There
are no oral side agreements.
2. The agreement shall be valid in case one of its provisions is or should
become invalid or null and void.
Malsch, March 1, 1999
sd. X. Xxxxxxxxx sd. illegible signature
Landlord Tenant
Stamp: EST GmbH
Xxxxxxxxxx. 0
00000 Xxxxxx
Tel 07246/9203-0
Fax 07245/92 03-20
xxxxxxx@xxxx.xxx
xxx.xxxx.xxx
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STATE OF SOUTH CAROLINA CERTIFICATE OF ACCURACY
COUNTY OF GREENVILLE
I, Xxxxx X. Matt, a German translator accredited by the American
Translators Association for translations from German into English and English
into German, declare:
1. I am familiar with the German and English language.
2. I have prepared the attached translation of the above German document into
English I and herewith certify that it is a complete and accurate
translation of the German original.
______________________________
Xxxxx X. Xxxx, Esq.
Greenville, December 30, 0000
XXXXX XX XXXXX XXXXXXXX )
:ss.:
GREENVILLE COUNTY )
I, _____________, a notary public for the above county and state, certify
herewith that before me on this December 30, 1999, personally appeared Xxxxx X.
Matt, personally known to me to be the person described in the above document
and who executed the foregoing document in my presence and duly acknowledged to
me that she executed the same.
______________________________________
Notary Public
My commission expires on:
