LEASE
(Partly illegible Notary Stamp)
In Xxxxxxxx de Chile, on June 1, 1993, by and between Xx. XXXXXXX
XXXXXXX YUJIM, widow of XXXXXXXXXX, Chilean, with independent means, domiciled
at Xx. 0000 Xxxxxxx Xxxxxx, Xxxxxxxxx 00, of the Municipality of Providencia,
with National I.D. No. 527,549- 0, hereinafter called the "LESSEE" and Xx. XXX
XXXXXX, Chilean, business agent, domiciled at 000 Xxxxxxx Xxxxxx Xxxxxx, of the
Municipality of Recoleta, with National I.D. No. 4,335,394- 2, in representation
of the Company "TEPUAL S.A." hereinafter called the "LESSOR", the following
lease has been contracted:
FIRST: Xxx. Xxxxxxx widow of Xxxxxxxxxx gives in lease to the Company Tepual
S.A.:
a) A storehouse of approximately 250 square meters, indicated with
number 10, and
b) A storehouse of approximately 440 square meters, located in the
west-central part, indicated with Number 10-A.
Both storehouses are contiguous and are part of the property of Xx. 0000 Xxxxxx
Xxxxxxxx xxxxxx of the Municipality of Independencia.
The renting company accepts the two separate storehouses, as those which are in
its material possession and entire satisfaction, and which are to be used for a
Food Analysis Laboratory.
SECOND: This lease is agreed upon for a period of one year and one month, which
shall begin on June 1 of 1993 and therefore shall expire on June 30 1994, which
period shall be understood as renewed for equal and successive periods of one
year and one month, except should either of the parties state, with 60 days of
advance notice of the respective expiration date, his/her desire not to extend
the period, which notice shall be given through certified lettler addressed to
the other party at the domicile indicated in the appearance given in this
contract.
THIRD: The monthly rental of the individualized sites described in the first
clause must be paid within the first 5 days of each month, in the equivalent in
national legal tender, of forty-five and fifty-four UF, at the exchange rate
which said Unit may have on the day of the payment. If in the future the
Development Unit (UF) should disappear, the contracting parties shall agree to
an index or system of readjustment, and should they not be able to agree, the
determination shall made by an arbitor who shall be named herein.
The lessee company must make the payment of the rent at the the domicile of the
lessor or through deposit in the bank he shall indicate.
Failure to pay the rent agreed upon within the first five days of each month
shall give the lessor the right to terminate this contract and demand return of
the storehouses.
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FOURTH: The lessee company undertakes to pay, within the first five days of each
month, for the water and electricity used in the storehouses for the past month.
Attestation is given that in the storehouse indicated in letter a) of the first
clause, there is a 380- volt electrical meter, Danubia brand No. 9266469, that
is the property of the lessor, and a second 3800-volt meter in storehouse 10A,
Mitsubishi brand, No. 8383737, also the property of the lessor. Both meters will
indicate the monthly use of power which, as stated, must be paid by the renting
company.
Should the consumption of power and water not be paid within the first five days
of each month, the lessor has the right to cut off said supplies and cancel the
contract and request restitution of the storehouses.
FIFTH: The lessee is prohibited from sub-leasing, assigning, transferring this
contract to any title; to use nails or make holes in the walls; to make changes
to the rented property; to cause disturbance to the neighbors; to bring in
explosive, inflammable or odoriferous materials, or to use the property for any
purpose other than that agreed upon in clause number two of this contract.
It is prohibited to keep any kinds of animals in the rented storehouse, with the
only exception, since the purpose of the lessee company is the operation of a
Food Analysis Laboratory, that the lessor is expressly authorized to have birds
or other species animals, up to a maximum age of one month, and this only for
purposes of research.
SIXTH: The lessee company undertakes to keep in perfect operating order the
faucets of plumbing fixtures, by-pass and other valves, as well as the complete
electrical installation, making repairs or changes for his own account, taking
care of the rented storehouses in perfect conditions of housekeeping and
maintenance and in general, making opportunely at his own cost, all the repairs
for the upkeep and proper functioning of the rented property.
SEVENTH: The lessor has no obligation whatsoever to make improvements of any
kind in the storehouses, it having been agreed that those which the lessee may
make shall be for the benefit of the rented property as of the time they are
made, without the owner having to pay any amount whatsoever for these, whatever
be their nature, character or quantity.
EIGHTH: The lessee company undertakes to return the rented storehouses when this
contract terminates, which delivery must be made through the total vacating of
said storehouses, placing them at the disposition of the lessor and delivering
the keys to the lessor. The lessee must also show the receipts for payment up to
the last day of rental occupancy, of ordinary expenses or special services;
likewise he must repair all holes in the floor caused by anchoring the
machinery, should such exist.
NINTH: The lessee company undertakes, within the course of this month of June,
to contract for fire insurance that must also cover acts of terrorism, labor
problems, etc., naming the lessor as the beneficiary for one hundred percent
(100%) of the value of the rented storehouses, which
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insurance to be renewable every year with the corresponding readjustments. The
amount insured shall be indicated by the the respective Insurance Company or the
arbitrating arbitor to be named.
The lessee company shall be responsible for the damages which may arise from the
failure to take out the insurance policy to which this stipulation refers; and
this without prejudice to the fact that such non-performance shall authorize the
lessor to request the termination of the present contract and the return of the
storehouses.
TENTH: The lessor shall not answer in any way whatsoever for robberies which may
occur in the rented storehouses, or for damages which may be produced by fires,
floods, filtrations, breakage of sewer lines, earthquakes, effects of humidity,
heat, etc.
ELEVENTH It shall be the responsibility of the lessee to carry out orders or
dispositions which at any time the authorities may issue, whether in reference
to municipal licenses, sanitary hygienic and reglamentary conditions of the
storehouses, regarding the use which the lessee gives them.
TWELFTH: The lessee party undertakes to give the permissions necessary so that
lessor or whoever represents said lessor be able to visit the storehouses in
case they wish to see or rent them, as well as to allow entry to take the
readings of electric consumption and make periodical check-ups of the electrical
system in general.
THIRTEENTH With the aim of guaranteeing the upkeep of the property and its
return in the same condition in which it is received, the return and upkeep of
the furnishings and artefacts which are indicated in the inventory, the payment
of damages and deterioration which may be caused in the leased property, its
services and installations and, in general, in order to answer for the faithful
performance of the stipulations of the contract, the lessee company delivers in
this act to the lessor the sum of forty-five comma fifty four FUs which the
lessor undertakes to return readjusted to the value of one month of rental in
effect upon termination of the contract, within the thirty days following the
restitution of the property, the lessor party naturally being authorized to
subtract from the amount mentioned the effective value of the deterioration and
damages for payment by the lessee party, as well as the value of the accounts
pending for common expenses and/or special services, etc.
FOURTEENTH: The lessee company cannot in any case impute the guarantee to
payment of the unpaid rentals nor to the rental of the last month in which he
remains on the property.
FIFTEENTH: Any difficulty that may be produced between the parties in relation
to the application, interpretation, resolution, validity or nullity of this
contract, or in relation to the liquidation of the guarantee of the rental
and/or damages caused by the lessee company shall be resolved by an arbitor
arbitrators without further recourse, leaving it established that all the
notifications which may be produced in the arbitration shall be given by means
of a letter addressed to the domicile appearancing already stated in the present
contract, without prejudice to the fact that the first notification must be made
personally or through official notice if the Arbitor so resolves. As arbitor
arbitratos they name Attorney Xx. Xxxxxxx Xxxxxxx Xxxxxxx and in his
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defect, Xx. Xxxxx Xxxxxxxxxx Xxxxxxxxxx, the lessor party attesting that he
knows Xx. Xxxxxxx is legal Counsel of Xxx. Xxxxxxx Yujim and that said party
accepts him as arbitor arbitrator as deserving of absolute confidence.
SIXTEENTH: Present at this act was Xx. XXX XXXXXX SOUBOTNIK, National I.D. No.
4,335,394-2, domiciled at 0000 Xxxxxxxx xxx Xxxxxxxx Xxxxxx of the municipality
of Las Condes, who explained that: in his personal capacity he constitutes
himself as bondsman and co-debtor jointly for the lessee party of this contract,
accepting of course the time periods, extensions and modifications of the
contract that may be introduced herein by the parties, especially the variations
in the rental of the lease, also accepting the arbitral jurisdiction in the
terms indicated in number fifteenth of this contract.
Xx. Xxx Xxxxxx Soubotnik is also constituted as joint bondsman and co-debtor for
any damages which may arise from the lack of contracting of insurance to which
clause 9A makes reference.
SEVENTEENTH: It is attested that the representation of Xx. Xxx Xxxxxx Soubotnik
appears in the public document dated September 8, 1989 given before Xx. Xxxx
Xxxxxxxxx Xxxxxxx, Notary Public of the 33rd Notary of Santiago.
EIGHTEENTH: For all legal effects derived from the resent contracts, the parties
set their domicile in this city.
(signed) X. Xxxxxx (signature illegible)
for TEPUAL S.A. XXXXXXX XXXXXXX YUJIM
Xxx Xxxxxx Soubotnik Lessor
Tax # 4,335,394-2 Tax # 527,549-0
(signed) Xxx Xxxxxx
Xxx Xxxxxx Soubotnik
Surety
Tax # 4,335,394-2
I authorize the preceding signature.
Nov. 18, 1993
(signed and sealed) Xxxxxxx Xxxxxxxx Xxxxxxxx, Notary.
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MODIFICATION OF LEASE
On June 1, 1993, Xxx. Xxxxxxx Xxxxxxx Yujim and the Company "TEPUAL,
S.A.," represented by Xx. Xxx Xxxxxx Soubotnik, Tax No. 4,335,394-2, entered
into a lease for the following storehouses: No. 10 of approximately 180 sq.
meters and No. 10-A of approximately 440 sq. maters, both forming part of the
property located at 2598 Xxxxxx Vivaceta Street, Municipality of Independencia.
On November 7, 1995, the parties have agreed to modify Clause No. 3 of
the mentioned contract referring to the rental, to the effect that as of
November 1, 1995 the monthly value of the rental shall be as follows:
Storehouse No. 10 = UF 18,22 and storehouse No. 10-A = UF 34,16
On the same date clause No. 13 is also modified regarding the guarantee
of rental, which stands at a total for the two storerooms at UF 52,38 (fifty
two, comma thirty eight).
All the other clauses of the original contract, signed before Public
Notary Xxxxxxx Xxxxxxxx Xxxxxxxx on June 1, 1993, and its modification dated May
10, 1995 before the same notary, remain without change.
In Xxxxxxxx de Chile on the thirteenth day of November of nineteen
hundred ninety-five.
(signed) XXX XXXXXX (signature illegible)
Pp. Tepual S.A. Xxxxxxx Xxxxxxx Yujim
Tax No. 4,335,394-2 Tax No. 000-000-0
I authorize the above signatures.
(Stamped Notary Seal of Xxxxxx
Xxxxxxxx Xxxxxxxx, Notary Public
Santiago
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