LEASE AGREEMENT
concluded between
Xx. Xxxxxx X x x x x x, Business Woman,
1040 Wien, Xxxxxxx Xxxxxxxxxxxx 00-00/00
1.) Ms. Xxxx P i a t t i, Private, 1010 Wien, Am Hof 13
2.) 3.) Xx.Xxxxxxx X x x x x x Attorney at Law,
1010 Wien, Sto(beta)im Xxxxxx 3/11
all as lessors on the one hand and in the following short called "lessor".
and
3.) Xx. Xxxxxxxx X x x x x x x, Enterpreneur, 1190 Wien,
Hackhofergasse 9,Block III.
as a tenant on the other hand and in this following short called "tenant".
on today as follows:
I. Renting Object
1.) The business premises are rented out in the house Sto(beta) im Xxxxxx
3, the plan which forms an integrating component of this contract is fenced off
by a red border and is like in the time of this completion of a contract in
natura. The renting object therefore surrounds premises to the extent of around
213 m2. Its annual rent 1914 is 5000 crowns. The renting object has an own
central heating, three water groups and two restrooms at its disposal.
2) The renting object may only be used for the operation of a model and
artist agency. A change in the subject of use is inadmissible without a previous
written consent of the lessor.
3) Only the interior of the renting object is rented out. The house Xxxxx
im Xxxxxx / Passauerplatz 1, in which the renting object is located, is put
classified as a historical monument. Any design and change of the fassades of
the house as well as the attachment of panels or labels requires the written
consent of the lessors.
4) The renting object has been folded from the topNr.1 d/ 3/3 C/4 and 19 B
and doesn't contain any right of usage of the attic of the house as well as the
cellar premises with the exception of the available heating on room with side
room for the storage of firm fuels to the operation of a central heating for a
season clubbed together. Regarding these rooms the tenant agrees at another
place as required lessor, of however to a possible substitute how possible
transfer cost has to be carried by the lessor.
II. Renting Duration
The tenancy starts on 12-1-1980 (December first, one thousand nine hundred
and eighty) and is completed till uncertain time. It can be terminated to
qerichtlich by the two parts under compliance with a three-month period of
notice at the end of every calendar month.
III. Rent
The rent agreed on consists
a.) the main rent and
b.) the share in the operating costs and public taxes, comprising 11.3%
c.) sales tax (MWSt.)
The main rent agreed on is ATS 5,000. -- (shilling five thousand) at the
time of the completion of the contract.
In case of a rise of the main rent in the house for the purpose of payment
of the costs more duly or absolutely more necessary operating costs instead of,
the surplus corresponding to these rises which exceeds the rent agreed on, the
tenant engages himself so to pay.
It is ruled out the rent agreed on has to be paid in advance respectively
at the first of each month. The setting off of counter-demands against the rent
is excluded.
The main rent of ATS 5000,- (Shilling five thousand) is value related to
the monthly index announced by the Austrian statistical central office of the
consumer prices 1976. If this index shouldn't be announced any more, that index
which most likely corresponds to this index is valid.
Its principles have to be consulted to the validation of the amount of the
value safeguarding amount into default of one such.
Starting point for this value safeguarding clause is the index number
calculated for November 1980.
Fluctuations up to 5% (five per cent) remain unconsidered, the complete
change, however, is taken into account fully at transgression. The new index
number forms respectively the new exit basis for the validation of the further
transgressions.
The lessors are authorized to collect an accrued value safeguarding
difference retrospectively until duration of three years.
The tenant agrees, that for the operating costs, public taxes monthly flat
sums are paid in constant height of approximately single annual charging and
stands up in the existing flat invoice. The tenant declares particularly, to
join the existing insurances, as well to an available or perhaps to be
completing Gainzenversicherung and engage himself to the payment of the share in
the bonus of the sum insured being allotted to it.
IV. Changes at the renting object, adaptation, liability for damages.
1) The tenant has inspected the business premises repeated and engage
himself, at its own costs for purposes of the operation of a photographic model
and artist agency to adapt them, in which the specification of the services to
be rendered from it to this is reserved for a still separate agreement.
2) All investments, being carried out in connection with this fittings and
like that which are connected with the house inseparably immediately change free
of charge into the property of the lessors.
3) Independent of it, whether of its technical possibilities to remove it
afterwards or not, it is valid for the newly by the tenor built in central
heating, and renewed water groups, including all external pipes, radiator,
washing mussel and similar. The same applies to gas, water and electrical lines
which may be transferred in the other just under plasterwork and whose proper
preservation is incumbent the tenant at his expense.
4) Structural changes in the course of this adaptation at the beginning of
the existing situation even if they don't require a making official permission
only may be carried out with an express written consent of the lessors as well
as in compliance with the making official regulations. Also they immediately
change free of charge into the property of the lessors.
5) Like in the prominent sales of this contract point applies to structural
changes, investments, fittings, installations and like that in the further
course of the existing situation the same.
6) The outside of the house walls particularly also may become adaptiert
changed without permission of the lessors still otherwise.
7) The tenant also does without any compensation entitlement according to
thess.ss.1097 and 1037 ABGB.
V. Usage, preservation.
1) The tenant is obliged to get the renting object at his expense after
that one of the adaptation carried out which has to be carried out immediately
after completion of a contract in good condition and to carry out all mendings
becoming necessary at the business premises at its own expense and without claim
to a substitute as far as it isn't serious damages of the house.
2) Furthermore the tenant has the usage of the renting object for
particularly this one under compliance with all official one, laid down by the
fire authorities carry out regulations and may carry out the usage only on that
scale when it is permitted according to legal and official regulations.
3) He obliges himself, his business traffic both with clients, photographic
models and artists characteristic of his and deal over the streetwise entrance
at the Passauerplatz 1 with the customer so that with the exception of his
person and his clerks no access is carried out via the entrances on the side of
the court.
4) The tenant, himself oblige himself, particularly also by over-loud music
too contained and its business and customer traffic with the exception of the
activity of its own person and the work of its clerks temporal with regard to
the character of the house as a residential building with its usage of any noise
excitement in the context of this one in Vienna of usual office hours. The
latter with the exception of occasional representation events.
5) The tenant commits himself to doing the uninterrupted usage of the
business premises to the caused use.
6) The tenant can derive no on the right consequences from time wise
disturbances of the water supply, afflictions to managements of every type and
like that. He obliges himself water pipe roosters to hold their tongue always,
to replace broken glass plates immediately and other damages to clear at the own
expense immediately.
7) Dogs and small animals may not be held. Motor vehicles of any type or
other objects may be parked nowhere at the attic or in the cellar or somewhere
else neither in the score house nor in the walks in the entry in the court in
the house.
VI. Sublease, assignment, other cession.
The premises may want to leave repaying to third persons still free of
charge completely or partly and also not in the way of a possible society
relationship without a written previous consent of the lessors to be more
precise, lease and like that, in which legal form this cession may always be
carried out, too. It isn't allowed to the tenant therefore also in any case to
sublet rights from this contract to third persons or the renting object
completely or partly. Without consent of the lessors the tenant isn't
authorized, this operated for business enterprises in the rented rooms carry to
a third person.
This absolute ban learns a following extensive restriction:
a) The lessor intends in the two on the right of the entrance Passauerplatz
1 situated premises, this is the two first rooms to fit an advice and education
center out in the field of the decorative cosmetics for the professional use and
to operate this perhaps in form of an own operating company in which he involves
third persons from the sword lane comingly along the Salvatorgasse. To this end
is the sublease or cession of these rooms allowed him to this operating company
b) With regard to this one below a) in addition, the consent of the lessors
may not be refused specified rooms, if
1) the tenant instead of be right in accordance with a.) perform or after
such a cession or sublease in accordance with a.) a third person into these
rooms who belongs to a professional division which is in a close connection with
the activity done by it, namely photographic model and artist agency takes such
as a photographer and
2) no well-founded doubts are, such as stated on the part of the lessors
against the person of this third party:
a) that by this third party enterprises situated in the house, competitor,
would become,
b) to be feared annoyances of the other tenants have by the photo of the
third party that, and such as of a dance studio and like that or by noise
excitement.
3) the tenants' rent to be paid merely one to this of him, to get the
relevant share sub-rent.
c) The consent may not be refused to further with regard to the size of the
adaptations to be carried out as stipulated in the contract of the tenant for a
passing on of its complete contract position, if to a third party within 10
(ten) years as of completion of a contract.
a) the passing on with all rights and duties of this contract is carried
out, and.
b) has, and the tenant corresponded to his adaptation obligation till there
completely and
c) this business premises is passed on to completely and only partial not
and
d) to the main rent surrendering to the passing on in the time under
consideration of the value safeguarding accrued till then the successor of the
tenant takes on too much the obligation to the pay of 15 for % for surcharge and
e) no well-founded doubts pass and against the financial efficiency of the
successor and,
f) the passing on no competition of already available tenants is, and
creating in the house and,
g) the successor develops an activity into the business premises which
corresponds to its manner after the caused use or is put through to a regular
office business at least in the business premises anyway,
h) none justified doubts praying marriages, that the successor uses the
business premises as a magazine or store if also only partial and doesn't meet
his liability to the uninterrupted usage of the complete business premises and.
i) no well-founded doubts against the personality of the successor insist
and.
j) 10 (ten) at the latest follow years the passing on within as of
completion of a contract.
Conjointly holds the contract parties tight that the prerequisite in
accordance with g.) it is given under no circumstances if himself is, always
with the successor around a production business, which way or in which business
form unite business with a machine equipment or unite guest commercial business
it is always led, too or unite business, with which noise, smell or obliged to
dust annoyances are or it is to expect a usage of the premises going beyond the
usage of the tenant extensively particularly an activity over the time the in
Vienna of usual office business out in the evening and night-time. This
prerequisite isn't given then, too, if such a business were put through to a
regular office business in the business premises . The consent doesn't have no
effective passing on to be assigned to such a manner of the follow-up business
therefore, there will be no effective transfer.
Ad b.) the contract parties keep solid, that no well-founded doubts are
given then if goods are kept on store by a right successor in the business
premises t subordinated and on that scale as they also are sold by a possible
retail business in the business premises provided that an office business not
only subordinated is maintained throughout in the business premises t.
VII. Grounds for dismissal agreed on.
It is agreed that the following important to the lessor and meaningful
facts can be asserted as grounds for dismissal:
1) Opening of the bankruptcy or the legal compensation method about the
fortune of the tenant or refusal of an application for opening of the bankruptcy
for lack of existence of a cost-effective fortune.
2) Non-payment of the adaptation obligation in accordance with the contents
of the separate agreement and his preservation duties taken by the tenant.
3) Non-payment of the obligation to the uninterrupted use, violation of the
sublease, assignment and cession ban.
4) The tenant takes note agreeing to the house gate lock the times being
necessary in the house.
5) His consent to the rent agreed on gives unconditionally and particularly
does without on the right to dispute this contract because of injury about half
of the true value the tenant to take the renting object out of special
preference professedly. The lessors also give the express statement on the right
to dispute this contract because of injury about half of the true value, to do
without.
6) The lessors assign their consent, that the tenant installs a new floor
heating instead of the available central heating at his expense if need be to
this required official and if need be the available sanitary facilities at his
expense replaced, everything under the prerequisite that the tenant makes use of
professionals n authorized for the execution of the work, and these has sought
approvals at the front. The tenant does without any compensation entitlement
also for these investments opposite the lessors.
Vienna,
