English Translation] Lease Agreement No 63/NA/2009
[English
Translation]
Lease
Agreement No 63/NA/2009
concluded in Poznań
on June 22, 2009, by and between:
“Stomil-Poznań” S.A. with its
seat in Poznań (61-361), 18 Starołęcka St, registered in the District Court
for Poznań – Nowe Miasto and Xxxxx in Poznań, VIII Business Division of the National Court
Register, under the KRS No 0000116560, NIP No 7770020717, Regon No
630011444,
represented
by:
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1.
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Xxxxxxx
Xxxxxx – President of the Management
Board
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2.
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Xxxxxx
Xxxxxx – Vicepresident of the management
Board
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hereinafter
referred to as the Lessor,
and
“Sunset
suits” S.A. with its seat in Poznań (61-758), 00 Xxxxxxx Xx., registered
in the District Court for Poznań – Nowe Miasto
and Xxxxx in Poznań, VIII Business Division of the National Court Register,
under the KRS No 0000265620, NIP No 7781439259, Regon No
300388584,
represented
by:
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1.
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Xxxxxxxx
Xxxxxx – President of the Management
Board
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hereinafter
referred to as the Lessee,
of the
following content:
§
1
Subject
of the Lease
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1.
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The
Lessor declares that it is the owner of the built-up real estate located in
Poznań at 18 Starołęcka
Street.
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2.
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The
Lessor grants the lease of and the Lessee leases the business premises
located in the administrative building located in Poznań at 18
Starołęcka Street, on the II floor, marked on the picture
constituting appendix No 1 to this agreement, in the size of,
appropriately, 15.5 m2
and 13.7 m2.
The total amount of the leased space amounts to 31.2 m2.
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3.
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The
hand over of the leased business premises to the Lessee shall take place
on the basis of a hand-over
protocol.
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4.
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The
Lessee declares that it has acknowledged the technical conditions and the
furnishings of the premises, and accepts
them.
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§
2
Amount
and payment dates of the rent
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1.
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The
Lessee shall pay the Lessor a monthly rent in the net amount of PLN 35.00
for 1m2,
i.e. 31.2 x 35.00 = PLN 1,092 per month for the lease. VAT tax in the
amount calculated in accordance to the binding provisions of law shall be
added to the amount of rent.
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2.
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The
Lessee shall pay the rent in advance in the amount specified in point 1
above until the 14 day of each calendar month, on the basis of a VAT
invoice issued by the Lessor.
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[English Translation]
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3.
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The
Lessor once in a calendar year has the right to perform indexation of the
rent by the annual rate of increase of prices of consumer goods and
services that is announced by the President of the National Statistical
Office in the Monitor Polski journal. The first indexation of the rent
amount can take place after the announcement by the President of the
National Statistical Office of the indexation rate for the year 2009. The
indexation of the rent amount shall not constitute a change of the terms
and conditions of this agreement and does not require the conclusion of an
annex.
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4.
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The
rent amount includes the following
elements:
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·
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Electricity,
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·
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Central
heating,
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·
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Water
and sewage.
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VAT tax
in the amount calculated in accordance to the binding provisions of law shall be
added to the amounts specified above.
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5.
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The
Lessee authorizes the Lessor to issue VAT invoices without its
signature.
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6.
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The
parties mutually agree that the payment date of the invoices shall be the
date the due amounts are accrued on the bank account of the
Lessor.
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7.
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In
case of delay in payment by the Lessee, the Lessor has the right to
calculate statutory interest.
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§
3
The
Obligations of the Lessor
The
Lessor makes an obligation to, in particular:
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1.
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Assure
the proper functioning of the technical appliances in the building that
allow the Lessee to use the light and heating in the premises, water
installations and also other appliances that belong to the furnishings of
the premises or building.
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2.
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Keep
the premises and appliances present in the building that are deemed for
common use in proper condition, keep the premises in order and clean
shape.
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§
4
The
Obligations of the Lessee
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1.
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The
Lessee has an obligation to use the premises in accordance to their
purpose connected with the commercial operations conducted by this entity
and which does not endanger the surroundings and natural environment, and
maintain them in a good technical, sanitary and esthetic
condition.
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2.
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The
Lessee has an obligation to conduct at its own cost and with its own
sources the conservation and repairs of the leased premises and of its
furnishings.
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3.
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The
Lessee has an obligation to conduct, at its own cost and with its own
sources, the disposal of garbage and waste resulting from the commercial
operations conducted in the
premises.
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4.
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All
technical changes and improvements of the subject of the lease may be made
by the Lessee upon the prior written consent of the Lessor. The costs of
the changes shall be borne by the Lessee without any right of
reimbursement.
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5.
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The
Lessee makes an obligation to observe the disciplinary and fire
regulations.
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[English
Translation]
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6.
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The
Lessee, without the prior written consent of the Lessor, cannot sublease
the leased premises or allow their free use by third
parties.
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7.
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The
Lessee, without the prior written consent of the Lessor, cannot assign the
rights and obligations under this agreement, otherwise null and
void.
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8.
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The
Lessee has an obligation to inform the Lessor of any and all changes
related to its commercial operations, in particular, changes to the name,
legal form, registered address, manner of representation. In case of
negligence of the obligation to provide a change of the address,
correspondence sent by registered mail with confirmation of receipt to the
last address shall be deemed delivered even if it not
received.
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9.
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After
the termination of the lease agreement the Lessee has an obligation to
return the premises clean, emptied of all belongings of the Lessee, in a
non-deteriorated condition taking under account the regular use of
premises.
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10.
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The
return of the subject of the lease shall take place not later than on the
last day of the agreement and on the basis of a return
protocol.
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11.
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The
parties may agree on a different date of the return of the subject of the
lease.
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12.
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Not
emptying the premises and not returning the premises on the last day of
the lease agreement shall result in the calculation of a contractual
penalty in the amount equal to the rent due for three months, for each
commenced calendar month during which the Lessee unlawfully occupies the
premises of the Lessor.
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§
5
Insurance
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1.
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The
Lessor declares that the building in which the leased premises are located
is insured from fire and other random
events.
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2.
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The
Lessee, in its own scope, has an obligation to insure the furnishings
entered into the premises.
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3.
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The
Lessor is not liable for any losses in the property of the Lessee that
occurred due to random events.
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§
6
Deposit
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1.
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As
security for the claims of the Lessor for the payment of rent and
additional charges, and any potential damages in the subject of the lease,
the Lessee shall transfer to the bank account of the Lessor (Bank
Millenium, bank account No: 90 1160 2202 0000 0000 6089 2486) on the day
of acquiring the premises, the amount of PLN 1,092.00 (one thousand nine
two Polish zloties) that constitutes the equivalent of a one months’
rent.
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2.
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The
amount of deposit, without any interest and indexation, shall be returned
to the Lessee on the day of the return of the subject of the lease,
provided that the Lessor shall not have any claims against the Lessee
under the Agreement.
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3.
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The
deposit, on the day of terminating the agreement, may be calculated for
the benefit of receivables due to the Lessor from the
Lessee.
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[English Translation]
§
7
Term
of the agreement
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1.
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The
agreement is concluded for an indefinite period of time, commencing on
22.06.2009.
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2.
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The
parties can terminate the agreement at any time on the basis of a mutual
agreement.
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3.
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Each
party has the right to terminate the agreement upon a 3-months notice of
termination, with effect at the end of a calendar
month.
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4.
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The
Lessor has the right to terminate this agreement without notice of
termination and with immediate effect, in the following
cases:
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·
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The
Lessee is in delay with payment of rent or additional charges mentioned in
point 2.5 of this agreement, for two payment
periods,
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·
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The
Lessee grossly or persistently breeches disciplinary
rules,
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·
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The
Lessee grossly breeches the provisions of this
agreement.
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5.
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The
termination of this agreement in the manner described in point 7.4 does
not require a prior summons of the Lessee for payment or seizure of
breech.
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§
8
Miscellaneous
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1.
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Each
amendment of the provisions of this agreement requires a written annex,
otherwise null and void.
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2.
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With
respect to cases not regulated in this agreement, provisions of the Civil
Code and other relevant provisions of law shall
apply.
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3.
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Any
and all disputes that arise on the basis of this agreement shall be
resolved by a court appropriate for the seat of the
Lessor.
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4.
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This
agreement was executed in two counterparts, one for each
party.
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Lessor
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Lessee
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