APARTMENT
Lease Agreement
Dnipropetrovsk
December 2007
The present Apartment Lease Agreement, as specified below, (the “Agreement”) has been entered into by and between FP-E…………….., a citizen of Ukraine, residing at Dnepropetrovsk, Komsomolska Street, flat No., identification code: ……(the “Landlord”), on the one part,
and
Home Credit International a. s., a legal entity incorporated under the laws of the Czech Republic, ID No……., located at: Na Pankraci……, Prague 4, Post Code……, Czech Republic, represented by Mr. Vaclav Audes, acting on the basis of the power of attorney dated 9 December 2005, (the “Tenant”), on the other part,
hereafter to be collectively referred as “Parties” and individually — the “Party”,
have entered into this Agreement as follows:
1. SUBJECT MATTER OF THE AGREEMENT
1.1. The Landlord shall transfer, and the Tenant shall accept into a temporary commercial use the apartment number (……..) located at Building 21a (twenty one a), 4 Floor, Zhukovskogo Street, Dnepropetrovsk, Ukraine (the “Apartment”).
1.2. The Landlord is the beneficially owner of the Apartment pursuant to the Apartment Ownership Certificate, issued on 12 April 2007 Register No. 1109.
1.3. The Apartment has the characteristics as follows: it consists of one residen-tial room with the living space of 23 sq.m., its total area is 85,9 sq.m.
1.4. The Landlord also gives into lease the property the detailed description of which is provided in the Schedule No. 1 hereto (the “Accessory Property”) which is the integral part of this Agreement.
2. PURPOSE OF LEASE
2.1. The Apartment and Accessory Property shall be provided to the Tenant for residential purposes of its employees as well as for residence of the members of their families, meeting their guests and for other personal purposes of the Tenant’s employees. The Apartment cannot be used as a office.
Ç. PROCEDURE FOR TRANSFER OF THE APARTMENT INTO LEASE
3.1. The Apartment, free from other tenants and the property of the Landlord (which is not the Accessory Property), as well as Accessory Property shall be transferred by the Landlord and accepted by the Tenant pursuant to the Transfer-Acceptance Act within one day following execution of this Agreement.
3.2. On the day of execution of the Transfer-Acceptance Act the Land-lord shall give to the Tenant complete set of the apartment keys as well as any other items and documents necessary to use the Apartment in accordance with this Agreement.
4. LEASE TERM
4.1. The lease term for the Apartment shall start from …….through …….2008 with the option to further prolongation of such lease term for the same lease term and on the conditions mutually agreed by both Parties, subject to a written notice served by the Tenant to the Landlord not later than 3 (three) month prior to expiration of the lease term under this Agreement.
4.2. The Landlord may request early termination of this Agreement if:
(1) The Tenant uses the Apartment with the purpose other than the purpose set forth herein;
(2) The Tenant willfully or by way of gross negligence deteriorates the state of the Apartment or the Accessory Property;
(3) Force majeure events have occurred as per Article 9 of this Agreement;
(4) The Tenant does not effect one successfull rent payments under this Agreement.
4.3. The Tenant may request early termination of this Agreement if:
(1) The Apartment came into the state when it cannot be used for the purpose mentioned herein;
(2) Force majuere events have occurred as per Article 9 of this Agreement;
(3) Defects have been detected or occurred in the Apartment preventing, at the opinion of the Tenant, its normal use for the purposes mentioned herein;
(4) In any other cases, through service of a written notice to the Landlord at least 1 (one) month prior to the prospective cancellation.
4.4 In case of early termination of this Agreement the Parties shall settle accounts based on the actual period of time the Apartment was used by the Tenant. The Landlord is obliged during 5 (five) banking days from the date of the termination of this Agreement to refund the guarantee payment mentioned in Article 5 paragraph 5.3. of this Agreement and the respective part of just paid rent by the Tenant.
4.5. The Lease terms may be amended only subject to mutual agreement between the two Parties.
5. RENT AND PAYMENT PROCEDURE
5.1. The monthly rent shall amount to ….(…………….) USD.
5.2. The rent shall be paid as follows:
a) not later than ……….by bank transfer to the account of the Landlord specified below in this Agreement, or to other account of the Landlord notified in writing by the later, additional payment of the rent for …………in the amount of USD …and the rent for …….and additional payment of the guarantee payment mentioned in paragraph 5.3. of this Article, in amount of USD......., in total amount of USD…………), and
b) each following month (after expiration of January) by bank transfer to the account of the Landlord specified below in this Agreement, or to other account of the Landlord notified in writing by the later. The rent for each following month shall be paid monthly not later than the 15th (fifteenth) day of the previous month. It means the first payment shall be made not later than the 15th January 2008.
5.3. Òhe Tenant paid to the Landlord against the receipt the advances in the amount of
à) USD …..(two thousand two hundred), which will be considered as a part of the guarantee payment; the guarantee payment is in total amount of USD……., and
b) USD ….. (one hundred and fifty eight) for cleaning of the Apartment during December 2007.
5.4. The Tenant shall not be liable and shall have no any additional obligations to the Landlord with regard to carrying out the rent, if the rent was wired as per the Landlord’s banking details but the beneficiary bank is unable and/or refuses to release the money to the Landlord for whatever reasons. In case of returning the said money to the Tenant, the Landlord shall pay all bank expenses and charges.
5.5. The Tenant shall pay to Landlord for
a) TV each month in the amount of USD 79,
b) Internet each month in the amount of USD 69,
c) Cleaning of the Apartment four times in a month each month in total amount of USD 158,
d) Insurance of the Apartment and the Accessory Property during the Lease Term mentioned in Article 4 para-graph 4,.1. of this Agreement in the amount of USD.
All payments mentioned in this paragraph are included in the amount of the rent mentioned in paragraph 5.1. of this Article.
5.6. The Tenant shall pay the utilities’ bills.
5.7. The Tenant shall pay any expenses for the use of electricity for the whole period of use of the Apartment.
5.8. The Tenant shall pay for long distance and international telephone calls during the effective term herein starting from the date of execution of the Apartment Transfer-Acceptance Act.
5.9. The Parties agree that the Tenant should not pay any sums or make payments under this Agreement, except for those stipulated by this Article 5.
6. RIGHTS AND OBLIGATIONS OF THE LANDLORD
6.1. The Landlord shall undertake to:
(1) Prior to or on the date of the signature of this Agreement, the Landlord shall provide the Tenant with the copies of the documents confirming his title to the Apartment, in particular:
(a) the Ownership Certificate duly registered by the City Bureau of Technical Inventarization and
(b) characteristics-certificate (dovidka-kharakterystyka in Ukrainian) issued by the City Bureau of Technical Inventarization, as well as
(2) Transfer to the Tenant the Apartment and Accessory Property on the terms herein;
(3) Ensure free access of the Tenant’s employees – users of the Apartment, members of their family and their guests to the Apartment, and unhampered use by the Tenant’s employees – users of the Apartment and members of their family of the Apartment and Accessory Property
(4) Carry out at its own cost maintenance works at the Apartment, including minor joinery, mechanic and plumber works etc. for the Apartment.
(5) To insure the Apartment and the Accessory Property. The copy of the certificate is Schedule No. 2 and is the integral part of this Agreement.
(6) to assure the grant and execution of the utilities, the Internet and the cleaning of the Apartment four times in a month.
6.2. The Landlord may
(1) examine the Apartment and Accessory Property state on regular basis (as preliminary agreed with the Tenant at least 1 (one) day prior to such examination),
(2) to use the guarantee payment mentioned in Article 5 paragraphñ 5.2. and 5.3. of this Agreement, if the Tenant didn’t pay monthly rent mentioned in Article 5 paragraph 5.1 of this Agreement even during 7 calendar days from the 15th (fifteen) day of the respective month. In this case the Tenant is obliged to pay to the Landlord the guarantee payment in the amount of ÓÑÄ ……together with the next monthly rent.
7. RIGHTS AND OBLIGATIONS OF THE TENANT
7.1. The Tenant shall undertake to:
(1) Use the leased property only in compliance with the provisions of Article 2 paragraph 1 hereof;
(2) Timely pay the rent and pay expenses related to telephone calls;
(3) Provide for safety of the Apartment, take care of the sanitary and technical and other equipment, and comply with fire safety regulations;
(4) Provide for due care of the Accessory Property;
(5) Do not keep explosive and hazardous substances in the Apartment;
(6) Provide for keeping the Apartment space clean and in due order;
(7) After expiration of the effective term hereof, transfer the Apartment and Accessory Property to the Landlord in the same state as they were accepted for lease with due account of their ordinary tear and wear.
7.2. The Òenant shall not transfer the Apartment into sub-lease.
7.3. The Tenant has no responsibility for the damage due to the Apartment or the Accessory Property.
7.4. The Tenant shall be entitled to:
(1) Freely use the Apartment and Accessory Property pursuant to this Agreement and within the limits set by the applicable laws of Ukraine;
(2) Store in the Apartment belongings, things, set equipment, items and locate the above in arbitrary manner in the Apartment.
8. LANDLORD’S WARRANTIES
8.1. The Landlord represents and warrants to the Tenant, and the latter enters into this Agreement relying on such warranties given by the Landlord that as of the date of this Agreement:
(1) There are no defects which are not stipulated by the Landlord and considerably decreasing the value and availability for use for the target purpose the property set forth herein;
(2) The Landlord does not conceal circumstances being of vital importance for this Agreement;
(3) The Landlord is a due and beneficial owner of the property given into lease under this Agreement;
(4) The Apartment is not under prohibition (seizure), mortgage, used as security against tax, and the apartment-related rights have not been pledged or subjected to any other encumbrance;
(5) The property given into lease by the Landlord according to this Agreement is not subject to any litigation;
(6) No unauthorized remodeling or changes have been done with respect of the Apartment;
(7) The property given into lease will not entail violation of rights and legitimate interests of any other persons, including underage, young and disable children and other persons the Landlord is obligated to support;
(8) The property given into lease by the Landlord hereunder is not leased by third parties, is free from any property rights and claims of third parties, and all utility payments and telephone bills etc have been paid in full;
(9) No prohibition exist on giving the property into lease with respect to the property given by the Landlord hereunder;
(10) This Agreement is not executed as a result of existence of circumstances detrimental to the Party;
(11) The Landlord has not been declared as legally incapable or having limited capability;
(12) The execution of this Agreement is in the interests of the Landlord;
(13) The desire of the Landlord is free and conscientious and complies with her intention;
(14) The Landlord understands the terms herein and such terms reflect the actual agreement reached;
(15) The spouse of the Landlord has agreed to execution of this Agreement and transfer of the property into lease pursuant to this Agreement;
(16) All registered tenants of the Apartment have vacated it prior to the notarization of this Agreement, and there are no other tenants residing in the Apartment or entitled to such residence;
(17) The local board of trustees has given the permission to transfer of the Apartment into lease (if such permission is stipulated by law).
8.2 If the above representations and warranties are untrue, the Tenant shall be entitled to compensation of loss incurred in connection thereof, and to terminate this Agreement.
9. FORCE MAJEURE EVENTS
9.1 The Parties shall be released of their obligations herein if their execution of such obligations is prevented by the following: natural disaster, public unrest, hostilities, impossibility to carry out bank transfer of monetary funds, considerable flood, impound-ment, other deterioration of the Apartment through neighbors’ fault or due to malfunction of pipelines or sewage system etc. (the degree of deterioration shall be determined by the Tenant), short circuit in electricity supply lines, telephone lines in walls or floor of the Apartment or part of such lines not through the fault of the Tenant, confiscation or imposition of injunction on the Apartment, or existence of other circumstances beyond reasonable control of the parties (the “Force Majeur Events”).
9.2 The Party under effect of the Force Majeure Events shall immediately give respective notice to the other Party by wire or registered letter sent to the addresses specified herein, indicating possible duration of such events. Such notice must be given within 5 calendar days from the date of occurrence of the Force Majeur Events. Should the Party under effect of the Force Majeur Events fail to give notice to the other Party about existence of such Force Majeur Events, it shall be deprived of the right to refer to such Force Majeur Events.
9.3 The Parties agree that the rent and relevant compensation shall not be accrued during existence of the Force Majeur Events. If the duration of the Force Majeur Events is 30 calendar days or more, any of the Parties shall be entitled to terminate this Agre-ement after it gives a written notice to other Party 5 calendar days prior to such termination date.
10. RESPONSIBILITY OF THE PARTIES
10.1. Any disputes arising in connection with this Agreement shall be resolved through negotiations, if the agreement has not been reached such dispute shall be brought for settlement to appropriate court.
10.2 If the Tenant allowed deterioration of the Apartment and Accessory Property he shall cover the loss incurred by the Landlord if such deterioration occurred through his (the Tenant) fault.
11. MISCELLANEOUS
11.1. This Agreement enter into force and in effect from the date of its signature by both Parties.
11.2. Amendments to this Agreement may be entered only subject to mutual consent of the Parties hereof.
11.3. The Parties confirm that as of the date of this Agreement:
(1) the electricity meter readings were _____________________;
(2) the gas meter readings were __________________________;
(3) the hot water meter readings were __________________________;
(4) the cold water meter readings were __________________________;
11.4 This Agreement is executed in 3 copies in the Russian and English languages, two copies for the Tenant and one copy for the Landlord. In the case of any disputes the Russian version shall prevail.
11.5 In the case not stipulated herein the Parties shall be governed by the applicable Ukrainian laws.
I2. DETAILS AND SIGNATURES OF THE PARTIES
LANDLORD:
FP-E
residing at Street
Identification code:
Mobile:
Account No.:
Name of the account:
With
SWIFT
Signature ____________________
TENANT:
Home Credit International a.s.
Postal Address
Telephone/fax:
Account No.
SWIFT:
Signature _______________
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