Common use of Lease Object Clause in Contracts

Lease Object. 1.1 The following premises in the “B1” building at postal address ▇▇▇▇▇▇▇▇▇-▇▇▇▇▇ ▇ in 40474 Düsseldorf shall be leased hereunder: a) the office and ancillary spaces on the 11th OG floor as highlighted in red in the layout plan attached hereto as Annex 2a for exclusive use, and pro rata common and circulation areas with a total size of approx. 1,543.00 m², b) the office and ancillary spaces on the 10th OG floor as highlighted in red in the layout plan attached hereto as Annex 2b for exclusive use, and pro rata common and circulation areas with a total size of approx. 1,182.00 m², c) the 25 car parking spaces in the 2nd and 3rd basements highlighted in red in the layout plan attached hereto as Annex 2c, specifically the parking spaces numbered 14 to 17 and 31 to 39 in the 2nd basement and the parking spaces numbered 14 to 17 and 32 to 39 in the 3rd basement, and two outdoor parking spaces also highlighted in red in the layout plan attached hereto as Annex 2d, specifically parking spaces numbered 9 and 10, for exclusive use. The premises and parking spaces leased for exclusive use are hereinafter also collectively referred to as the “Lease Object”. The roof and the facades of the building as well as the wall surfaces outside the Lease Object are not included in the Lease. The Landlord shall have the right to change the location of the car parking spaces at its equitable discretion (Sec. 315 of the German Civil Code [Bürgerliches Gesetzbuch – BGB]). 1.2 The area sizes specified at § 1.1 have been calculated in accordance with the “Standard for Calculating the Rental Area of Commercial Premises (RA-C) [Richtlinie zur Berechnung der Mietfläche für gewerblichen Raum (MF-G)], version of November 2004”, issued by the “gif Gesellschaft für immobilienwirtschaftliche Forschung e.V”. Therefore, the area sizes stated at § 1.1 specifically also include the common areas and circulation areas pertaining to the rental areas with exclusive right of use (lobby, corridors, staircases) and technical operating areas (lift, shafts, etc.) of the building. In the event that part of the rental areas is no longer required to be included in the Lease due to special requests of the Tenant, the Tenant shall, as far as the rent and ancillary costs/advance payments on ancillary costs are concerned, put the Landlord in the same position it would be in if those rental areas were still included in the Lease. This shall apply in particular to internal connecting stairs and shafts and/or shaft areas. 1.3 The above-ground rental areas are leased out exclusively for use of the Lease Object as offices. The Tenant will operate a topic-based Internet portal in the Leased spaces, in particular [sic!] and in connection with the referral of travel services. It is permitted to expand its area of business, subject to the Landlord’s prior written consent. The Landlord may withhold its consent only for good cause. Good cause to do so shall be deemed to exist if, for instance, the intended expansion of the area of business conflicts with the protection against competition granted to another tenant. The Tenant shall inform the Landlord in writing without undue delay and ask for its consent if and when it plans to expand the area of business it operates in the Leased spaces. 1.4 The Landlord shall be responsible for obtaining any permits/authorisations under building regulations which may be required for use of the Lease Object for the purpose agreed in § 1.