Dieter
Becken
BECKEN Investitionen & Vermögensverwaltung
Beim Strohhause 17, 20097 Hamburg (Germany)
Media Transfer
AG
represented by the Managing Board
Beim Strohhause 31, 20097 Hamburg (Germany)
(1) The
property rented is located in the Office Building Berliner Tor
Center, Beim Strohhause 17 — 31, 20097 Hamburg
(Germany)
- office space
on the 10th floor, Beim Strohhause 17 — 31, 20097 Hamburg
(Germany) (Appendix 1) comprising a floor space of
approximately 743.5 m 2 ,
including proportionate share of the general spaces
- storage rooms
on the first basement floor comprising a floor space of
approximately 57 m 2
- 8 parking
spaces in the underground garage
(2) The
rented spaces are measured from inner edge of outer wall to inner
edge of outer wall. From these spaces the utility chutes
and
1st Addendum Becken ./. Media
Transfer AG
construction
support pillars larger than 0.75 m 2 are
deducted, as well as spaces in staircase and elevators. The
surfaces inside the elevators and staircases (landings) have
not, however, been deducted. Partitioning walls inside the rented
spaces were not reflected. Entrance areas and other general spaces,
e.g. escape routes, entrance areas, etc. are calculated as rented
space and allocated to the lessee proportionately.
(3) The
two parties to the contract are in agreement that the precise
measurement of the rented space floor space was not made and is not
necessary. Differences in the actual rented floor space from the
agreed upon floor space are immaterial if they do not diverge by
more than 5%.
(4) The
lessee assumes rented possession of the rental property in
accordance with the room and function planning of the lessee (
Appendix 2b ) based on the performance description of
the lessor ( Appendix 2a ). If intermediate walls are
installed, moved or removed, including the associated installation
of carpeting, color differences are presumably unavoidable. The
lessor agrees to make no claims on the lessee with regard to such
differences.
(5) The
lessee takes rental possession of the following fixtures and
equipment from the previous lessee, which are located on the
premises:
- KAT-5 cables
(lessee has documented measurements)
- 4
glass walls to the hall
- soap
dispensers, paper towel holders
The
maintenance, repair and renovation of these appointments and
equipment taken over from the previous lessee must be paid for by
the lessee. Upon termination of the rental relationship, the lessee
will remove the computer cables if requested by the lessor and will
also restore the partition between the 10th floor and the 11th
floor.
The fixtures and equipment
that have been taken over have no effect on the rent payment
amounts, in accordance with Article 4.
1st Addendum Becken ./. Media
Transfer AG
The lessor
assumes no liability for the fixtures and equipment that have been
taken over.
(6) The
lessee agrees to assume responsibility for adherence to the garage
regulations, in accordance with Appendix 6 , and the
operating instructions for multi-level parking, in accordance with
Appendix 7 .
(7) The
lessee is granted the optional right of rental for half the rental
space on the 11th floor, east side, Beim Strohhause 31, 20097
Hamburg (Germany) comprising a floor space of approximately 370
m 2
( Appendix 2c ), and
shall notify the lessor by May 31, 2006 whether or not he
wishes to exercise this rental right. If there is interest in
renting this space, the rental relationship for the area on the
11th floor, Beim Strohhause 31, 20097 Hamburg (Germany) will
commence on October 15, 2006 in accordance with the conditions
in this Rental Contract. This rental space will be handed over in
its current condition, however not including the server room
located in the inner zone.
For the rental
space on the 11 floor, Beim Strohhause 31, 20097 Hamburg (Germany),
the lessee is granted a rent-free period from October 15, 2006
until December 15, 2006. During this rent-free period, the
running and other secondary costs, in accordance with
Article 6, are to be paid in full by the lessee.
Article 2 Purpose of
rental
(1) The
spaces are being rented as office space and work connected with
such. The lessee’s activities are in the service
sector.
(2) All
required, particularly all bureaucratic necessities for the
performance of the lessee’s professional duties in this
sector are to be obtained by the lessee at his own expense and
risk. All professional permits, concessions, etc. are to be
obtained by the lessee himself at his
1st Addendum Becken ./. Media
Transfer AG
own expense and
risk, insofar as they apply to his person and to his profession
and/or company.
(3) Changes in purpose and use of the
rented space require the prior written permission of the lessor.
The lessor is permitted to deny such permission only for material,
i.e. substantial reasons.
Article 3 Beginning of
rental / Period of rental /
Termination of contract / Option
(1) The
rental relationship commences on September 1, 2005.
(2) The
rental relationship will last for a period of
5 years.
(3) The
lessor grants the lessee the option to extend the period of rental
once by 5 years. The written declaration of the lessee stating
that he wishes to exercise this option of extending the period of
rent must be received by the lessor at least 12 months prior
to end of the respective lease period at the latest. The timely
arrival of this communication is measured by the point in time when
it is received by the lessor. The rent price is then calculated by
the same process is regulated in Article 4,
Section 5.
(4) Unless
expressly disavowed in this contract, the legal regulations with
regard to ordinary and extraordinary termination of contract will
apply.
(1) The
amount of rent to be paid by the lessee each month is for the
following spaces at the following rates:
- for the
rented spaces on the 10th floor, 11.50 Euros per m
2
1st Addendum Becken ./. Media
Transfer AG
- for the
storage space in the basement, 0.00 Euros per m
2
- for
the parking spaces, 80.00 Euros per parking slot
plus costs in
accordance with Article 6 of the Rental Contract, plus sales
tax in the legally required amount ( Appendix 5b
).
(2) The
rent is to be paid in advance for each month, at latest on the
third business day of each respective month, free of any attendant
charges to be paid by the lessor. In case of late payment, the
lessee is considered to be in arrears without having to be notified
specifically of such. In case of late payment, the lessor is
permitted to charge interest for the payment in arrears from the
due date until the date payment is received.
(3) The
lessor requests a power of attorney to debit the account of the
lessee on the third business day of each month in the amount of the
rent; when the lessee’s account changes, the power of
attorney is to be extended to the new account.
(4) If the
lessee is in arrears in rental payment, all partial payments,
unless otherwise specified by the lessee, are to be accounted to
the amounts due in this sequence: first, extraneous costs; then,
interest; then, the main debt, the oldest debts being the first to
be paid.
(5) The
amount of rent, excluding operating costs and heating costs. and
the agreed upon administrative flat rate charge are to be
value-assured in the following manner:
a) The rent,
excluding operating costs and heating costs, and the administrative
flat rate charge are changed effective the beginning of the
thirteenth month after commencement of the rental relationship,
i.e. the beginning of the second rental year, corresponding to the
inflationary change which has taken place until then (including in
the last month of the first year) as determined by the National
Statistics Office for
1st Addendum Becken ./. Media
Transfer AG
Germany (basis:
the year 2000 = 100 for all of Germany) compared to the level in
the month the rental relationship commenced (“first
calculation basis month”).
b) In this way,
the amounts to be paid referred to in section a) above will change
for the following year of rental, corresponding to the change in
the inflation index between the last index adjustment and the index
in the last month of the most recently completed rental year,
effective as of the beginning of the first month of the new rental
year.
c) The changes
referred to take place automatically, i.e. the new amount
corresponding to the change in the index is owed automatically,
without specific notification of such, at the beginning of each
respective rental year. As long as the lessee receives no newly
calculated amounts in writing from the lessor, no payment delay can
take place.
(6) The
parties to the contract assume that the value-maintenance clause in
accordance with Article 4, section 1 is in accord with, and
approved by the price regulating rules of September 23, 1998
and that no party to the contract is, in the sense of
Article 2, put at a material disadvantage. In case
Article 4, section 1 of the price regulating rules is not
applicable and/or the necessary approval is not granted, the
parties to the contract agree to make a rule that can be approved
and that most closely approximates the value-maintenance clause in
this rental contract.
(7) In
case the index referred to above is no longer being calculated and
published or in case it is replaced by another index or calculated
on a different basis, the new index will substitute the index
referred to above. In such a case, the parties to the contract
further agree to make a corresponding agreement that most closely
approximates, financially speaking, the clause referred to
above.
1st Addendum Becken ./. Media
Transfer AG
(8) Bank
and account information of the lessor:
Account
name: BECKEN Investitionen & Vermögensverwaltung
Account number: 44 / 05080
Vereins- und Westbank AG, Hamburg, bank routing number: 200 300
00
Tax number of
the lessor: 2222 / 520 / 11490
(9) The
lessor elects the option of charging sales tax for the rental
object. The lessee is aware that the lessor’s option of sales
tax is only permitted under the conditions in Article 9,
Section 2 of the sales tax laws. With regard to this, the
parties to the contract agree upon the following:
a) The lessee
is obligated to the lessor to utilize the rental premises by and
large (at least 95%) for revenues that do not exclude the pre-tax
deduction of the lessor, in other words, for his own revenues that
are subject to sales tax.
b) The lessee
also agrees to provide the lessor with written documents upon
request that enable the lessor to fulfill his duties towards the
financial authorities with regard to Article 9, section 2 of
the sales tax laws.
c) In case of
sub-leasing, the lessee is obligated to also elect the sales tax
option and, moreover, to disclose and describe the obligations of
this regulation in the sub-leasing contract so that the lessor can
derive direct rights from the sub-lessee in the terms of the
contract between the lessee and the sub-lessee (contract to the
benefit of third party). The lessee also agrees to make sure that
the sub-lessee fulfils the requisite obligations.
d) The lessee
agrees to inform the lessor without delay if, contrary to this
agreement, he earns revenues that exclude the pre-tax deduction of
the lessor in accordance with the regulations in effect when this
contract is
1st Addendum Becken ./. Media
Transfer AG
concluded. This
also applies if he is taxed as a small entrepreneur in accordance
with Article 19 of the sales tax laws.
e) If the
lessee violates his obligations of this regulation, he must
compensate the lessor for all accrued damages without delay. That
includes, in particular, the pre-tax deductions of construction
costs claimed by the lessor.
Article 5 Rights of
reduction, offset charging and withholding
The lessee can
offset charges or reduce or withhold payments owed in accordance
with this contract through a counter-claim only when that claim is
undisputed or has been determined by a court ruling. In such a
case, the lessee must inform the lessor in writing at least one
month before such claim is due and against which payments they are
being offset and/or withheld.
Article 6 Operating costs
and other secondary costs
(1) The
lessee pays, in addition to the rental payments, pre-paid services
for heating, operating costs and other secondary expenses. The
amount of the monthly pre-payments initially amounts to 3.00 per
square meter plus sales tax as required by law.
(2) Operating costs, as understood by this
rental contract, comprise payments, contributions, fees and costs
that are incurred to the lessor through ownership of this property
and/or by the regulated use of the property, the building or the
utilities, inc. underground garage, utility systems, appointments,
etc. or expenses that come about for the first time, particularly
for:
- the overall operating
public expenses, property tax, waste removal, recycling of
recyclable materials, brick cleaning, measurement of emissions,
sewage, water supply and drainage, including rainwater /
1st Addendum Becken ./. Media
Transfer AG
surface water,
and the corresponding measurement devices, their rental and their
calibration;
- street
cleaning, snow and ice removal / spreading of salt/gravel, cleaning
and maintenance of sidewalks, paths, parking places, underground
garages including the maintenance of their equipment and the care
and maintenance of all outdoor areas, lawn/garden areas and
woods;
- cleaning of
the building, including the general spaces, rooms and areas,
entrance halls, elevators, staircases and other generally used and
generally accessible areas, cleaning and maintenance of outer glass
surfaces and facades and extermination of vermin;
- operating and
lighting general areas and rooms as well as generally used and
generally accessible areas, entrance halls, elevators, staircases,
parking places, underground garages and other public parts of the
building, including replacement of light bulbs and their regular
safety checks;
- operation and
maintenance of generally used technical equipment and areas,
particularly building control mechanisms, doors, revolving doors,
etc. elevators for goods and for persons, including emergency alarm
systems and their rental, fire alarm systems, CO
2 warning systems, sprinkler systems, smoke chutes
and chimneys, air conditioning systems, ventilation systems,
outdoor automobile driveways, hydraulic lift systems, including all
measurement equipment, in addition to their rental and calibration,
and use of all general communication systems;
- insurance for
fire, storm, glass and tap water, including EC coverage of the
lessor, for liability insurance and for safety checks concomitant
with insurance requirements;
- concierge
services or other custodial services such as security guard and
doorman services;
- other
expenses that are considered to number among operating costs in
accordance with the regulations on the listing of operating costs (
Appendix 3 ).
1st Addendum Becken ./. Media
Transfer AG
If the business
of the lessee causes packing materials or other waste materials
which are particularly voluminous, the lessee has the obligation to
bear the expense of the additional rubbish containers that the
lessor must order.
(3) Insofar as insurance, particularly fire
insurance, bring about surcharges due to the manner of use of the
rooms, these must be compensated to the lessor. The lessee must
report to the lessor without delay all altered equipment or
utilization of the rooms that necessitates reassessment of the
danger level of the premises.
(4) Insofar as operating costs are incurred
for the first time or are increased, these can be transferred to
the lessee from the time of their inception and/or increase in due
proportion. Appropriate pre-payments can then be agreed upon for
these expenses.
(5) Insofar as the lessor has received no
current court decision on property tax, calculations of the
supposed prospective property tax will take their place.
(6) In
case of increased public taxes and charges occurring after this
contract has been closed and/or newly introduced property taxes and
charges, the lessor is permitted to bill the lessee for the
additional expenses subsequent to the closing of this contract with
regard to the rented floor space.
(7) The
proportionate allotment of the heating and hot water costs will
take place
a) when technical measurement
devices are used to determine the water use in accordance with
heating cost regulations, namely according to the calculation
invoicing standards of Sections 7 to 10 of the lessor’s
heating costs regulations;
1st Addendum Becken ./. Media
Transfer AG
b) when a water
use measurement according to a) above is not possible, it will be
calculated according to the used floor space.
(8) The
expenses for administration of the property also number among the
operating costs as understood by this contract. For such services,
a monthly flat rate charge amounting to 1.5% of the rental payment
is agreed. The administrative flat rate charge, for which no cost
calculations/receipts are required, is also owed if the lessee is
himself responsible for the administration of the
property.
(9) Insofar as the operating costs are
proportionately divided among the renters of the property, the
scale and the period of measurement will be
determined by the lessor according to his considered measurement,
giving due consideration to the principles of equal treatment of
all renters, as well as in observation of all mandatory legal
regulations. In case of doubt, the charges of such operating costs
will be calculated according to their respective floor spaces
compared to the overall rented space of the property. The lessee is
obligated to keep all measurement devices accessible at all
times.
(10) The
lessor is entitled, completely independent from Section 9
above, to directly bill the lessee for expenses of individual
operating costs, e.g. water, electricity, insofar as this is
technically possible.
(11) The
lessor will submit an annual accounting of the lessee’s
pre-payments. Any and all differences between the finally invoiced
sum and the sum of pre-payments which were made will be refunded by
the lessor to the lessee within seven weeks following receipt of
the accounting by the lessee. The lessor will permit the lessee to
examine this accounting and respond to it within a period of three
weeks, upon prior arrangement of an appointed time to do so. If the
lessee does not voice any objections in writing within the period
of a further three weeks, the accounting is considered to be valid
and accepted as such. The same applies in parallel
1st Addendum Becken ./. Media
Transfer AG
fashion to the
sum credited to the lessee. If an increase or a decrease of
operating costs can be concluded from the lessor’s
accounting, the pre-payments for the following accounting period
will be raised or lowered accordingly.
Article 7 Security
Deposit
(1) The
lessee will pay a security deposit for the rented spaces in the
amount of 3 months’ rent (40,190.52 Euros) at the latest
two weeks before taking possession of the premises. The security
deposit must be paid into the account of the lessor in accordance
with Article 4, Section 8. The lessor will then place the
money from this security deposit into a special account.
(2) The
security deposit can also be made in the form of an irrevocable
bank guarantee, which is due upon first call, in accordance with
Appendix 4 .
(3) The
lessor is permitted to take money from the security deposit to
satisfy claims that are made upon the lessee in connection with the
rental contract, during or after the period of rental, if the
lessee’s payments of such claims are in arrears. The lessee
is obligated to replenish the security deposit without delay to the
amount agreed in Section 1.
Article 8 Sub-leasing /
Relinquishment of use
(1) The
lessee can, after obtaining prior permission from the lessor,
sub-lease the rented property. The lessor is only permitted to
refuse such permission if substantial reasons prevail with regard
to the sub-leasing lessee or if the type of proposed use of the
rented spaces provide such reasons or contravene the interests of
the lessor with regard to the rented spaces.
1st Addendum Becken ./. Media
Transfer AG
(2) In
case of impermissible sub-leasing or use of the rented spaces by
the sub-leasing lessee that contravene contractual agreements, the
lessor is permitted to demand the immediate termination of the
sub-leasing rental relationship.
(3) Under
all circumstances of sub-leasing, the lessee hereby irrevocably
cedes to the lessor, as a precaution, all (that is, all existing
and future) claims upon the sub-leasing lessee, particularly claims
of payment of the monthly rent, to the amount agreed upon in this
contract as due the lessor.
Article 9 Protection from
competition
The rental of
the spaces described above is effected without protection against
competition or selection.
Article 10 Use of rented
spaces / Signs
(1) In
case of technical disturbances, i.e. breakdowns, acts of God or
directives from public agencies that have not been caused by the
lessor, operative utilities such as hot water, heating, other
energy, electricity, telephone lines, etc. cannot be demanded and
do not form the basis for any claim upon the lessor by the lessee.
Required electricity outages do not form a basis for any claims of
the lessee upon the lessor, nor do the attendant or subsequent
damages.
(2) The
lessee is granted permission to mount suitable signs, company
logos, etc. in places in the building arranged together with the
lessor.
(3) The
lessee is obligated, upon termination of the rental relationship,
to remove all advertising objects in the building at his own
expense and restore the original state of the premises.
1st Addendum Becken ./. Media
Transfer AG
Article 11 Construction
modifications of rented spaces by the lessee
(1) The
lessee is entitled to undertake construction modifications of the
rented spaces after having obtained prior written permission from
the lessor. Construction modifications that do not exceed 5,000.00
Euros, excluding the legally mandatory sales tax of currently 16%
and that do not in any way intrude upon or change the substance of
the building or make any material change in the building’s
technical systems, can be undertaken without prior permission. The
lessee, however, agrees to notify the lessor in writing of such
modifications.
(2) The
lessee is liable for any and all damages caused, for example, by
construction work in the rented spaces as well as for the
maintenance of fire protection regulations as prescribed by the
municipal authorities. Should permission be required for any of
these measures, the lessee must obtain it at his own risk and
cost.
Article 12 Improvements and
construction modifications
by the lessor
(1) The
lessor is permitted to make improvements and construction
modifications that are necessary for the maintenance of the
building or the rented spaces and that protect against threatening
hazards or which repair damages. This also applies to work and
construction measures which are not absolutely necessary but which
are purposeful, particularly which serve the modernization of the
building or the lowering of heating costs, as long as they impede,
i.e. disturb, the lessee to an immaterial degree. In case of value
improvements and energy-saving measures, the lessor agrees to
notify the lessee a month before such work is scheduled to begin
with indication as to the anticipated length of the work. Insofar
as it is necessary, the lessee must cooperate and assist in
executing such work, e.g. by temporarily clearing furniture and/or
built-in equipment from the rooms, etc. Should the lessee refuse to
fulfill this obligation, he
1st Addendum Becken ./. Media
Transfer AG
is liable to
the lessor for all additional costs that accrue due to this
non-cooperation. The lessor is obligated to carry out such work as
swiftly as possible. The right of termination of contract in
accordance with Article 554, Section III, Sentence 2 of
the national laws (BGB) is excluded.
(2) Insofar as the lessee must acquiesce
and endure such work, he is only permitted to reduce the rent or
exercise a right of withholding or make a claim of damages if this
work utterly or materially prevents the use of the rooms or the
fulfillment of their express purpose. Article 554,
Section IV of the national laws (BGB) is not
applicable.
(1) It is
the obligation of the lessee to maintain the premises in good
condition for the entire length of the rental relationship.
It is the obligation of the lessor to maintain the building, the
general spaces and the general appointments and
equipment.
(2) [
translator’s note: in the original contract, this section
is crossed out and labeled “-cancelled-”
]
(3) The
lessee agrees to treat the rented spaces and the fixtures and
equipment, which constitute a part of them, in a considerate and
protective way.
(4) The
lessee releases the lessor from any obligation to undertake repairs
for purposes of beautification.
(5) The
lessee will bear the costs of all maintenance and repair measures
ordered by the lessee, including those of fixtures and accessories
without the lessee incurring any blame for such actions. The annual
expenses for such work undertaken and paid for by the lessee are
limited to the
1st Addendum Becken ./. Media
Transfer AG
amount of one
month’s rent, excluding heating costs and operating costs
pre-payment.
(6) The
lessee agrees to replace broken glass panes in the rented spaces at
his own expense. Lighting fixtures and bulbs/illuminants in the
rented spaces and in general spaces that are used by the lessee
alone are also to be replaced by the lessee at his expense. The
regular checking, maintenance and renewal of the fire
extinguishers, including those provided by the lessor, are also the
obligation of the lessee.
(7) The
maintenance and good repair of all fixtures and equipment that have
been provided by the lessee are the obligation of the
lessee.
(8) If
flooding is caused by clogged pipes or drains, or by having left
faucets turned on, the lessee bears the repair costs for all the
damages that were caused by him in those rooms damaged by the
flooding, including in other rooms in the building, in other rented
spaces or rooms in possession of other lessees.
(9) Damages to the rented spaces, even if
he is fully responsible for their repair, must be reported to the
lessor without delay. If such report is not made, the lessee is
obligated to bear the cost of compensating for any and all damages
that accrue to the lessor or a third party through this
lapse.
(10) Irrespective of the previous clause,
the lessee is responsible to the lessor for every form of damage to
the rented spaces, the accessories and appointments, the
premise’s areas and systems, to the general spaces, the
building and all areas belonging to the building both in bearing
the expense as well as in repairing the damage insofar as the
damage was caused by him, his family members, employees, suppliers
or customers. The lessee bears the burden of proof, which must be
supplied in the period of rental, in demonstrating that he did not
cause such damages.
1st Addendum Becken ./. Media
Transfer AG
(11) If
the lessee does not fulfill these obligations within a reasonable
amount of time, despite written warning, the lessor has the right
to order the required work to be carried out, in the name and at
the expense of the lessee. If the requisite work has not been
carried out by the day the premises are cleared by the lessee, the
lessee is also liable for the costs incurred for the period of time
during which the premises cannot be rented.
(12) Before installing or modifying
technical systems that could disturb third parties or potentially
endanger the piece of property or the building due to their
effects, e.g. tremors, noises, odors, vibrations, toxic substances,
radiation, dust, gases, disturbing currents, etc., the lessee must
consult all the pertinent regulations and standards, including
those of the professional oversight agencies, report this
information to the lessor and obtain his written permission for the
changes. The lessee has the right to demand such permission if
sustained influence on third parties, the piece of property and the
building can be ruled out. If through these technical systems such
disturbances arise or sustained changes in the piece of property or
the building are caused, the lessor can withdraw his permission and
demand that the system be removed. If damages to the piece of
property and/or the building are caused by such objects, the lessee
must repair/replace them. This also applies if heavy apparatuses or
machines are installed in the rental building with regard to the
potential dangers that may arise from them.
(13) Insofar as the lessee deals with
hazardous materials or dangerous processes that fall under the
terms of the chemicals law, hazardous materials law, etc., the
lessee is obligated to consult all pertinent information and
regulations for handling such hazardous materials and performing
such processes, and to heed such regulations and to release the
lessor from any and all risks and bureaucratic demands in this
connection. The lessor is entitled to demand from the lessee the
closing and maintenance of an appropriate liability insurance
policy to cover the
1st Addendum Becken ./. Media
Transfer AG
handling such
materials and performing such processes. The closure, coverage and
continuation of such an insurance policy must be proven to the
lessor upon request. The lessee must compensate all damages
which
b) upon neglect
of a major contractual obligation by the lessor or his executive
assistants or
c) through
lacking an assured characteristic of the rental spaces.
This does not
apply to the liability for damages from human casualties or
injuries to the human body or human health that stem from breach of
duty, either premeditated or negligent, on the part of the
lessor.
(2) The
lessor assumes no liability for disturbances of the rented spaces
that are caused exclusively by third parties, including other
renters of rented spaces in the building. Nonetheless, he will make
effort to influence, i.e. put an end to the disturbances he has
been made aware of.
(3) All
previous liability exclusions and/or reductions as well as all such
exclusions and reductions in this rental contract are also
applicable to the benefit of the executive assistants of the
lessor.
Article 18 Interrupted
operations
(1) If the
rented spaces are destroyed or damaged through an occurrence not
caused by the lessor, it lies within the purview of the lessor to
decide whether the rented spaces, i.e. building, are to be rebuilt
or not. If the lessor decides to have them rebuilt, the renter
remains bound to the terms of the contract insofar as the rented
spaces are reestablished and made available to the lessee within
twelve months of the destructive/damaging occurrence.
1st Addendum Becken ./. Media
Transfer AG
(2) Insofar as the contractual use of all
or part of the damaged premises is not possible, the obligation of
the lessee for payment of the monthly rent is suspended
temporarily. In case of partial destruction, the payment obligation
is suspended in due proportion. This does not apply, however, if
the damages or destruction are due to the conduct of the lessee,
his employees or contractors or sub-leasing lessees, in which case
the burden of proof lies with the lessee.
(3) Interrupted operations that are not
caused by the lessor do not suspend the payment obligations of the
lessee, diverging from Section 2 above, if they are repaired
within a reasonable amount of time, i.e. not longer than six
weeks.
Article 19 Other
agreements
(1) As a
supplement to Article 1, Section 4 of this rental
contract, the parties to the contract agree to the following with
regard to changes of the rented spaces:
Duties on the
part of the lessee:
- Installation
of computer and telephone technical apparatus
- Purchase and
installation of air conditioning, which upon termination of the
rental relationship must be removed in orderly fashion unless
another agreement on this subject has been made between lessor and
lessee. The removal must be made so as to leave no trace
behind.
- Installation
of approximately 5 new floor tanks.
- Removal /
disposal of the old carpeting and old carpet molding and rails and
the purchase and installation of new floor covering and carpet
molding.
Duties on the
part of the lessor:
- Installation
of server room, including T30 door, electricity from 2 different
electrical phases.
1st Addendum Becken ./. Media
Transfer AG
- Flat rate
charge amounting to 10,000.00 Euros plus sales tax for the
expansion of optional rented spaces on the 11th floor for
construction / doors / painting / carpeting / final work, but not
for the partitioning walls of the rented spaces.
- Electrical
work: adaptation of power supply (including control and operating
components for lighting fixtures, sun blinds, etc.) in the room and
functional planning described in Appendix 2b.
Article 20 Subsidiary
arrangements / Contract changes /
Written form
(1) This
contract contains all the points agreed upon with regard to the
rental relationship. Oral subsidiary arrangements do not exist.
Alterations and completing clauses to this contract must be made in
writing. This also applies to suspending the requirement of making
all such changes in writing.
(2) The
parties to the contract are aware of the special requirements of
the written form as outlined in Article 550, Section 1
and Article 126 of the national laws (BGB). They hereby accept
the mutual obligation to take all required action upon the demand
of the other party and make all requisite explanations that may
prove necessary to fulfill the legal requirements of the written
form. They likewise agree that they will not terminate this
contract early citing the non-adherence to legal written form
requirements. This does not apply merely to the closure of the main
rental contract, but to all Addendum, Alteration and Completion
Contracts as well.
Rental contract Becken . / . Media
Transfer AG
The major parts
of this contract are:
|
|
|
|
|
|
|
Location and
floor plan of the rented spaces
|
|
|
|
Description of
lessor duties
|
|
|
|
Room and
function planning of lessee
|
|
|
|
Optional spaces
on 11th floor
|
|
|
|
Regulations on
list of operating costs
|
|
|
|
Model guarantee
text
|
|
|
|
Calculation of
monthly rental costs Sept.1, 2005 ̵
|
|
