Common use of Management of the Building Clause in Contracts

Management of the Building. 17.1. The Lessee declares that it is aware that the Lessor intends to manage the Building or any part thereof on its own or through a Management Company or by any other means, all at the Lessor’s sole and absolute discretion (hereinafter: the “Management Company”). The Management Company shall from time to time institute arrangements and rules in connection with the management and maintenance of the Building for all of the lessees and users of the Building and shall follow up on their performance. The Lessee undertakes to sign the Management Agreement Terms appendix, which is attached hereto as Appendix D, together with the Management Company. The Lessee undertakes to adhere to the provisions of the terms appendix and to the rules, including any changes made thereto from time to time, provided that such rules do not negatively affect the Lessee’s rights and impose on it any obligations, including of financial nature, beyond those set forth in the Management Agreement Terms appendix and in this Agreement. 17.2. The Management Company shall perform services in the Building (hereinafter: the “Services”), either on its own or by means of sub-contractors, with sufficient regularity and at a level appropriate for this type of building and other similar buildings owned by the Lessor in Har Hotzvim, and will ensure that the Building and its systems shall be operated properly and in an ongoing manner, and shall be in good working order, clean and fit for use. 17.3. The Management Company shall have access to the Leased Property during reasonable hours and subject to advance coordination with the Lessee, unless it is necessary to perform urgent repairs essential for the performance of any work or maintenance in the Leased Property that is necessary for the provision of the Services, or any part thereof, to the Leased Property and/or the other leased properties and/or the Building, and provided that the work is performed in such a way so as not to cause the Lessee any material harm to its operation of the Leased Property beyond what is necessary and that upon completion of the work the Leased Property is restored to its prior state. 17.4. The Management Company shall employ employees, sub-contractors, suppliers, consultants, accountants, lawyers, etc. (hereinafter: “Service Providers”) as it sees fit for the performance of its tasks. The Management Fees shall include all reasonable expenses incurred by the Management Company relative to the quality of the service received from the Service Providers in respect of all of the above, as well as reasonable general expenses relative to the quality of the service. 17.5. The Lessee shall contribute its pro rata share of all of the Management Company’s reasonable expenses (relative to the quality of the service, as set forth in section 17.4) incurred as a result of the performance of the Services on the basis of their cost, including the cost of foreign currency or Index Linked financing, all at the Management Company’s discretion. VAT shall be added to all payments as required by law. It is hereby clarified that any use of the term Management Fees in this Agreement shall include both Management Fees and the expenses incurred by the Management Company. 17.6. The Lessee shall pay Management Fees calculated according to the pro rata size of the Area of the Leased Property and in accordance with the schedule, rates and index defined in the Management Agreement Terms appendix. 17.7. The Lessee’s refusal and/or unwillingness and/or reluctance to receive any Service and/or its desire to cease to receive any or all of the Services shall not release the Lessee from its obligations under this section 17 and under the Management Agreement Terms appendix. 17.8. The Lessee’s signing of this Agreement constitutes its direct undertaking toward the Management Company and toward the Lessor to fulfill all of the Lessee’s undertakings toward the Management Company, whether set forth in this Agreement or in the Management Agreement Terms appendix, and any breach of the Management Agreement Terms appendix shall constitute a breach of this Agreement. 17.9. At the Lessor’s request, the Lessee shall sign the Management Agreement Terms appendix together with the Management Company in the form attached hereto to this Agreement. The Lessee confirms that it is aware of the possibility that certain changes may be made to the Management Agreement Terms appendix and in such event it shall sign the Management Agreement in the form prepared and approved by the Lessor and the Management Company, provided that such Management Agreement does not derogate from any of the Lessee’s rights and does not impose on the Lessee any obligations, including any financial obligations, beyond those obligations and undertakings imposed upon the Lessee under the Management Agreement Terms appendix and this Agreement. It is hereby clarified that the Services set forth in the Management Agreement Terms appendix, which is attached to this Agreement as in integral part thereof and marked as Appendix D, are provided and performed in consideration of the payment of the aforementioned amount. Subject to the Management Agreement Terms appendix and this Agreement, the Lessee undertakes to cooperate with the Management Company and to adhere to its instructions and those of anyone acting on its behalf.