Rental Agreement “Spaces
for professional purposes”
Between
EVERE REAL
ESTATE, anonymous partnership of which the established company seat
is at 1932 Zaventem, Hippokrateslaan 16, entered in the record of
legal persons 441.403.745, represented by two members of its
management committee:
The determined
partnership with limited responsibility ANDRE BOSMANS MANAGEMENT,
established at 9000 Gent, Posteemestraat 42, represented here by
its business manager, Mr. Andre Bosmans;
The determined
partnership with limited responsibility MARTIN DE WAELE MANAGEMENT,
established at 3060 Bertem, Gloriantlaan 6, here represented by its
business manager, Mr. Martin De Waele;
Who attest to
have the necessary authority at their disposal to sign the
agreement in question on behalf of the company,
Hereafter called “the
Lessor”,
TECH TEAM
EUROPE, anonymous partnership seated at 1130 Brussels,
Zweefvliegtuigstraat 10, entered in the record of legal persons
under number
, of this city
Represented by
Mr. Christophe Neut, General Manager
Who attests to
have the necessary authority at his disposal to sign the agreement
in question on behalf of the company,
Hereafter called “the
Lessee”,
a lease is
entered into according to the general conditions added and the
special conditions described hereafter, which together constitute
the rental agreement in question. The special conditions have
priority over the general conditions.
Dutch > English Certified
Translation by: ASTA-USA Translation Services, Inc.
February 5, 2009
www.asta-usa.com
1. SUBJECT
OF THE CONTRACT AND PURPOSE OF THE SPACES
In a building,
named Blue Star, located at Zweefvliegtuigstraat 10
1.1 the
following private portions, outlined with a blue border on the
attached plans of the levels and locations:
1.1.1 on the
ground floor, on the third and fourth levels of block A,
offices;
1.1.2 on the
third and fourth levels of block B, offices
1.1.3
fifty-five above-ground parking spaces
1.1.4 on level
-1, spaces used as filing spaces.
1.2 the parts
of the building useable for general use of the
occupants.
2.
ALLOCATIONS IN THE BUILDING
The following
quotients will be allocated to the leased spaces for the communal
expenses:
For the offices
in Block A described under 1.1.1: 2.369/ 100.992 for the ground
floor, 2.819/100.992 for the third level, and 2.819/ 100.992 for
the fourth level;
For the offices
in Block B described under 1.1.2: 4.548 /100.992 for the third
level and 4.548/ 100.992 for the fourth level;
For the parking
spaces described under 1.1.3: no quotients;
For the spaces
described under 1.1.4: no quotients.
3. DURATION
OF THE RENTAL AGREEMENT
The rental
agreement in question is entered into for a duration of nine years,
commencing on 1 January 2005 and, legally and without prior
cancellation ending at midnight on 31 December 2013, without
the ability to invoke an implied renewal.
Dutch > English Certified
Translation by: ASTA-USA Translation Services, Inc.
February 5, 2009
www.asta-usa.com
Nonetheless,
each party has the right to end the lease early at the end of the
sixth year, that is on 31 December 2010, on the condition that
a signed letter of prior cancellation be given to the other party
six months beforehand.
4. CONDITION
OF THE SPACES
The spaces are
to be made available in the condition in which they exist at
present, where the LESSEE is concerned pursuant to a previous
rental agreement.
The annual base
rent is set at six hundred seventy-seven thousand seven hundred
fifty-three Euros (677, 753.00 €
), namely:
For the offices
described under 1.1.1 and 1.1.2: 631,478 €
For the parking
spaces described under 1.1.3: 37,290 €
For the spaces
described under 1.1.4: 8,985 €
This rent is
linked to the index for the month preceding the signing of the
agreement in question, namely, either the index for
February 2004, which is valid as a base index; or 113.02 as
long as the health index is applicable. The first rent to be paid
will be the result of the application of the base rent price to the
evolution of this index, with, as a new index, the one from the
month preceding the one when the rental agreement is entered into.
That is, the index for December 2004. The additional
applications will take place on 1 January of each year, and the
first time in 2006.
The rent is
payable quarterly in advance, to account no. 001-3807899-46 of the
LESSOR, or to any account that the latter informs the LESSEE of,
and for the first time on 1 January 2005.
6. PAYMENT
OF THE COMMUNAL EXPENSES
In accordance
with article 9 of the general conditions, the communal rental
expenses give cause to payment by the LESSEE of trimestrial
provisions, of which the amount is currently set at 42,500 6, being
a fourth of the annual portion provided for the LESSEE in the
communal expenses. They are payable to account no. 001-4216064-35
on the same date as the rent. The regulation will take place at the
end of each calendar year, whether by sending an invoice or a
credit statement.
Dutch > English Certified
Translation by: ASTA-USA Translation Services, Inc.
February 5, 2009
www.asta-usa.com
The amount of
the rent guarantee must be equal to six months’ rent and
should be adjusted at the end of each three-year period, taking
into consideration the changed rent.
This deposit
will be in the form of a bank guarantee, according to the example
in the enclosure.
8. CHARGES,
EXPENSES, CONTRIBUTIONS
All charges,
expenses, and contributions referred to in article 7 of the general
conditions should be paid by the LESSEE to the LESSOR at least
fourteen days before they are due.
For the
calculation of the registration fees, the expenses not expressed in
terms of numbers are structured at 10 % of the annual base
rent.
The LESSEE may
not load the floor by more than 300 kg per square meter (including
walls) in the office spaces.
11. RIGHT OF
PREFERENCE FOR EACH APPLICANT LESSEE
Before entering
into a rental contract with a third party, the
LESSOR—concerning the fifth and the sixth levels of Block
A—by fax or e-mail, shall inform the LESSEE of the conditions
that are provided and against which the latter has precedence over
any other applicant LESSEE. The LESSEE shall have ten business days
at his disposal to inform the LESSOR that he will rent the proposed
spaces. In that case, without delay an enclosure to the rental
agreement in question will be signed, and it will be in effect on
the first day of the following month. If the LESSEE does not react
in the period of ten business days, he will be considered to have
renounced the right of preference for the transaction
involved.
The agreement
in question is being entered into under the deferred conditions
from the signing of enclosure 8 of the rental agreement of 18
July 1997, in which, among other things, the amicable breaking
of the agreement of 31 December 2004 is agreed
upon.
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General conditions,
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Plans for the levels
concerned,
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Dutch > English Certified
Translation by: ASTA-USA Translation Services, Inc.
February 5, 2009
www.asta-usa.com
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Regulation of internal
order,
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Example of bank
guarantee.
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Drawn up in
Brussels on 10 May 2004 in four
Copies, of which one is for the registry. Each party
Acknowledges having received his copy.
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[signature] THE
LESSEE
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Zweefvliegtuigstraat 10 Rue du
Planeur
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Dutch > English Certified
Translation by: ASTA-USA Translation Services, Inc.
February 5, 2009
www.asta-usa.com
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