Common use of RIGHTS AND OBLIGATIONS OF THE LESSOR Clause in Contracts

RIGHTS AND OBLIGATIONS OF THE LESSOR. 15.1 During the Lease Term, the Lessor is obligated to provide the Lessee with the Subject of the Lease to uninterrupted use under the condition that the Lessee fulfils all its obligations under this Agreement. 15.2 In the extent affecting the Lessee’s use of the Subject of the Lease hereunder, the Lessor shall be obligated to repair and maintain the following parts of the Building at its own expense, if such expenses are not covered by the Operating Costs: the roof of the Building, all statically supporting parts of the Building, all pipes and plumbing installations (connections up to the Subject of the Lease); electrical connections (connections up to the Subject of the Lease); sewer pipes (connections up to the Subject of the Lease); foundations; and external walls of the Building and all Building’s base-built fire safety systems. 15.3 The Lessor is furthermore obligated to conclude and maintain an insurance policy with adequate coverage for the Building, covering mainly: • insurance of liability of the real estate owner for damages caused to third parties for a minimum insurance amount of CZK 50,000,000; • insurance policy against damages caused by natural disasters (fire, windstorm, landslide) as well as damage to the Real Estate caused by broken water pipelines and water (“živelní pojištění v rozsahu požár, vítr, sesuv, vodovod”). 15.4 The Lessor’s liability to the Lessee for damages in any case is limited up to CZK 50,000,000. Parties agreed that the damage is considered as maximal foreseeable amount of damage. 15.5 The Lessor may access the Subject of the Lease on business days in regular working hours upon prior notification delivered to the Lessee at least 24 hours in advance, in particularly in order to review the fulfilment by the Lessee of its obligations pursuant to this Agreement and in order to perform repairs, maintenance and inspection of the Subject of the Lease, in all cases upon a prior notice delivered to the Lessee. 15.6 In cases of imminent danger, the Lessor may enter the Subject of the Lease at any time without giving a prior notification to the Lessee and the Lessee shall secure that the Lessor may enter the Subject of the Lease immediately even in the absence of the Lessee. 15.7 If the Lessee does not fulfil duly its payment obligations under this Agreement even after a written reminder of the Lessor giving the Lessee an additional period of 5 days for remedy, the Lessor shall have the right not to provide services and/or utility supply (electricity, gas, water etc.) connected with the use of the Subject of the Lease and to disrupt provision of such services and/or utilities. 15.8 The Lessor shall have the right to claim from the Lessee the payment of a contractual penalty in the amount of EUR 250 per every day on which the breach lasted or in the amount of EUR 1,000 if it is a one-off breach, and the Lessee is obligated to pay such contractual penalty to the Lessor in any individual case when the Lessee breaches any of its contractual obligations set forth in Articles 3 and 4, in Section 14.1, Section 14.7, Section 14.8, Section 14.11, Section 14.12, Section 14.13 and/or in Article 16 hereof, and such breach is not remedied within additional period of 5 days (if this Agreement does not stipulate a different period) which commences to run from the day of delivery of written Lessor’s request to remedy the breach to the Lessee. In any individual case the Lessee breaches any of its contractual obligations set forth in Sections 11.2, 11.3, 11.4 and 11.6 hereof the Lessor shall be entitled to claim a contractual penalty in the amount of EUR 2,000 per each day of delay. If the Lessee (who’s in delay at that moment) subsequently fulfils its obligation set forth in Sections 11.2, 11.3, 11.4 and/or 11.6 hereof, with fulfilment of which the Lessee is in delay, within additional 14 days at the latest, the total accrued amount of the contractual penalty shall be reduced by 75%. The maximum amount of the contractual penalty that the Lessor is entitled to receive under this Section is the amount of the actually valid Security in line with Section 11.2 hereof. The same applies also to breach of Section 11.9 hereof, however, with the exception that in case of additional fulfilment of such obligation within 14 days following the commencement of the delay, the Lessor shall waive the right for 100% of the accrued amount of the contractual penalty. In case of breach of the obligation to return the Subject of the Lease on due and timely manner under Section 17.1 and/or 17.2 hereof the Lessee shall be obligated to pay to the Lessor a lump-sum contractual penalty in the amount of 2 monthly Rent payments (without VAT) valid in the time of the breach of the obligation. 15.9 The Parties hereby declare that the Lessor has provided to the Lessee with the Building’s energy consumption certificate prior to execution hereof.