COPY 1
Copy 1: Tenant
Copy 2: ZS
Copy 3: HV-L
CASE W 85
BUSINESS PREMISES LEASE
BETWEEN
INDUSTRIEVERWALTUNGSGESELLSCHAFT AKTIENGESELLSCHAFT
ZANDERSTRABE 5, 53177 BONN
hereinafter referred to as the "Landlord"
and
ISS - INTEGRATED SENSOR SOLUTIONS GMBH
GEB. 335, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇
hereinafter referred to as the "Tenant".
CLAUSE 1 SUBJECT
(1) The Landlord leases to the Tenant, in the area of the property known as
Dresden-Klotsche
a) in Building No. 335 (part)
a leased area of approx. 387 m2 (marked in blue)
as per enclosed building plan (Annex 1).
The blue hatched area is in joint use.
(2) The Landlord undertakes to have the following works carried out on the
leased properties at its own expense:
- Fitting of 2 walls including doors in the corridor area to close off the
leased unit
- Fitting of a wall including door in Room 36
- Installation of a water/drainage connection for Room 35
- Making of an opening and fitting of a door between Rooms 10 and 11
- Removal of the radiators in Rooms 35 and 36
- Demolition of the partition between Rooms 5 and 6
- Laying of PVC floor covering instead of needled felt in Rooms 5 and 6
Subject to this proviso, the Tenant accepts the leased properties as they stand
at the commencement of the lease, and states that it has inspected them
thoroughly. Complaints of defects, claims for reductions and other claims
relating to the nature, condition and size of the leased properties shall be
excluded.
(3) A record of the state of the leased properties and their fixtures and
fittings has been prepared by the contracting parties (Annex 3).
CLAUSE 2 PURPOSE, SUBLETTING
(1) The leased properties may be used only for the following purposes:
Development, production and marketing of sensor systems
(2) The Landlord takes no responsibility for the suitability of the leased
properties for the Tenant's purposes and offers no guarantee of protection of
fair competition. The Tenant shall itself obtain the consents and the like
necessary for its business and its operations, at its own expense, and shall
maintain the leased properties and the operations in a state that complies with
all official requirements. It shall report any modifications requiring a
structural survey or inspection by the fire brigade or industrial inspectorate.
Obligatory conditions, where imposed as a result of the Tenant's operations,
shall be met by the Tenant at its own expense, even if they should be addressed
to the Landlord. The refusal or limitation of consents and the like shall have
no effect on the substance and content of this lease.
(3) The subleasing or subletting of the leased properties or parts thereof
shall be permitted only with the written consent of the Landlord.
(4) The Tenant shall not be entitled to assign to third parties its rights
under this lease or to make them the subject of partnership agreements.
CLAUSE 3 TERM OF THE LEASE
(1) The tenancy shall begin with the handing-over of the renovated leased areas
and shall be subject to 6 months' notice of termination as of 30 June and 31
December each year, but not before 31 December 1995. The Tenant shall be
entitled to extend the lease by unilateral notice by one period of 3 years, that
is to say until 31 December 1998. All the provisions of this lease shall remain
in force unaltered during the period of extension. The exercise of this right
by the Tenant
shall be notified to the Landlord by registered letter by 30 November 1995.
The punctuality of the notification shall be determined by delivery, not date
of posting.
(2) The Landlord shall be entitled to cancel the tenancy without notice in the
cases provided for by law, and in particular if the Tenant
a) fails to pay all or part of the agreed rent and ancillary payments
due, despite a formal warning, or
b) is in breach of the terms of Clauses 2, 7 (subclauses 1, 3 and 5), 8,
9 and 10 (subclauses 1 to 3) of the present lease.
(3) In the cases referred to in subclause (2) the Tenant shall be liable for
the damage caused to the Landlord as a result of failure by the Tenant or a
subtenant or sublessee to vacate or hand back the leased properties punctually.
The same shall apply if the leased properties are left empty or can only be
leased more cheaply or on less favourable terms after being vacated or handed
back by the Tenant, until the end of the initially agreed term of the lease but
no longer than a period of one year after the premises are vacated or handed
back.
(4) Notice of termination shall in all cases be given in writing. The
punctuality of the notice shall be determined by delivery of the letter of
notice, not date of posting.
CLAUSE 4 RENT AND ANCILLARY COSTS
(1) The rent as detailed in Annex 7 shall be as follows, exclusive of value
added tax:
Monthly Yearly
DM DM
a) ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇
▇▇▇ ▇▇ at DM/m2/month 15.00 4,770.00 57,240.00
69 m2 at DM/m2/month 8.00 552.00 6,624.00
b) Ancillary costs as per Annex 5, Clause 2 (1) 775.00 9,300.00
c) Ancillary costs as per Annex 5, Clause 2 (2) 967.50 11,610.00
7,064.50 84,774.00
The monthly rent shall be paid in advance to the recipient designated by the
Landlord in sufficient time for the Landlord to dispose thereof no later than
the 5th day of the month in question.
In the event of late receipt, the Landlord may charge the Tenant interest at 3%
over the prevailing Bundesbank discount rate, and in any event not less than 8%.
(2) Any additional cost burden on the leased properties which arises out of
building works by the Tenant shall be borne by the Tenant itself or repaid to
the Landlord if demanded from and paid by the latter, if and to the extent that
the increase in value resulting from such building works has not been paid to
the Tenant and the rent raised accordingly.
(3) In the event of the introduction of new local authority charges or a
surcharge on or increase in existing charges associated with the leased
properties, the Tenant undertakes, from the time at which the additional charge
becomes effective, at the Landlord's discretion, either to pay an appropriately
increased rent or to reimburse the additional charges levied on the leased
properties.
(4) In the event of additional charges on the site resulting from public works
(especially development works) the Tenant shall additionally pay each year 11%
of the contributions attributable, pro rata, to the leased properties.
(5) Ancillary costs and settlement thereof are regulated in Annex 5.
(6) The rents and ancillary costs shown in this lease shall be net payments
within the meaning of the Value Added Tax Act applicable at the time. Value
added tax at the applicable statutory rate shall be charged separately on these
sums.
(7) The payments to be made pursuant to subclauses (2) to (6) are to be paid
simultaneously with the rent pursuant to subclause (1). If a separate account
is issued, the account shall be settled in full within 2 weeks.
CLAUSE 5 ADJUSTMENT OF RENT
(1) Tenant and Landlord may, during or after the term of the lease, request a
new agreement as to the rent and the payments for the ancillary services
pursuant to Clause 4 (5), unless special agreements have been concluded
regarding the latter. Such a request may first be made in respect of a period
beginning at least 2 years after the last rent agreement took effect.
When the new rent is agreed, due note shall be taken of any changes in the price
indices published by the German Federal Office of Statistics
- for the cost of living for 4-person households with average income from
employment and
- for buildings (business premises in general)
and of the locally customary rent payable for a new lease on an equivalent
leased property.
The new rent and the payments for the ancillary services shall take effect from
the first day of the month in which the request was made by either contracting
party, but not before the expiry of 2 years since the last rent agreement became
effective.
(2) Should no agreement be reached regarding the new rent and the payments
for the ancillary services, the parties shall jointly nominate a competent
arbitrator. If no agreement is reached either regarding the new rent and the
payments for the ancillary services or regarding the arbitrator to be
nominated jointly within a period of 3 months following the request for
adjustment, the party requesting it may unilaterally request the locally
responsible Chamber of Industry and Commerce to nominate a competent
arbitrator. If the Chamber of Industry and Commerce nominates more than one
arbitrator, the party requesting adjustment shall nominate one of those named.
The arbitrator's findings shall be binding upon the contracting parties. The
costs of the arbitrator's opinion shall be borne by the unsuccessful party, or
divided pro rata if both parties are partially unsuccessful.
CLAUSE 6 ENERGY, WATER, DRAINAGE, HEATING
(1) Supply and disposal to and from the leased property shall be via the mains
networks and the Landlord's facilities. As soon as the technical requirements
are in place for direct purchase in individual supply areas via public
utilities, the Tenant shall conclude appropriate supply agreements therewith.
(2) The Landlord shall allow the Tenant to use the supply and disposal
facilities existing at the leased properties at its own risk. In the event of
faults or damage the Tenant shall arrange for immediate disconnection, and
undertakes to notify the Landlord or its representative immediately.
(3) If the supply of electricity, space heating or water or the drainage system
is interrupted by circumstances outside the Landlord's control, or in the event
of floods and other disasters, the Tenant shall have no entitlement to a
reduction and no claim for compensation against the Landlord.
For damage associated with parts of the supply lines owned by the Landlord, the
Landlord shall be liable only in the event of intent or gross negligence. It
shall be incumbent upon the Landlord to prove that no culpable conduct has
occurred.
(4) The connected load required by the Tenant at the commencement of the
tenancy is agreed to be 60 kVA. If the Tenant's connected load increases during
the term of the lease, the Tenant shall reimburse the Landlord for the resulting
costs of modifying the power supply installation. A change in the energy supply
by the
responsible energy supply company, especially a variation or interruption of
the voltage, shall not entitle the Tenant to claim compensation from the
Landlord.
(5) Water may be taken from the water mains only for personal requirements. In
the event of water consumption for industrial purposes, the Tenant shall install
an intermediate water meter at its own expense and bear the water and drainage
costs pursuant to Annex 5, unless the Tenant obtains the water directly from the
water supply works.
CLAUSE 7 INSURANCE, LIABILITY
(1) The Landlord shall keep the leased properties insured, inter alia, against
fire damage at the replacement value. The basic premium for the unused leased
properties shall form part of the non-consumption-related ancillary costs
pursuant to Annex 5, Clause 1 (11). In addition, the Tenant shall bear the
premium surcharges caused by its business for the leased properties or for the
buildings in which the leased properties are located, and for any neighbouring
properties if appropriate.
The Tenant undertakes to inform the Landlord fully and promptly of the
occurrence of any circumstances that increase the risk.
(2) The Tenant shall be liable for all damage culpably caused to the leased
properties or to any other property of the Landlord by it, its dependants, its
staff or visitors. It shall be incumbent upon the Tenant to prove that no
culpable conduct occurred. In respect of actions by persons for whom the Tenant
is liable, it waives the right of defensive proof pursuant to Article 831 BGB
[German Civil Code].
(3) The Tenant shall indemnify the Landlord against all claims made during the
term of the lease by private or public third parties against the Landlord, as
the owner of the leased properties, on account of the Tenant's business or the
effects thereof. This shall also include liability situations under the Water
Resources Act and other environmental protection legislation, especially on
account of land, water or groundwater contamination caused by the Tenant's
business, including such contamination affecting neighbouring or surrounding
land.
(4) The Tenant shall at all times provide the Landlord with comprehensive
information, in writing if requested, on the nature, extent and use (including
disposal) of materials or substances that might be deemed an environmental
hazard. To this end, the Tenant shall permit access to the leased properties by
the Landlord's environment officer or his representative.
(5) The Tenant undertakes to keep itself adequately insured against its
liability arising from the obligations contractually entered into, and to
furnish evidence to the Landlord that the policies have been arranged.
CLAUSE 8 MAINTENANCE, REPLACEMENT
(1) The Tenant undertakes to treat, maintain and attend to the leased
properties with all due care and not to omit anything necessary under official
regulations and general principles of law to ensure their safety, including
traffic safety.
(2) Maintenance of and repairs to the fabric shall be the responsibility of the
Landlord. All routine maintenance of and repairs to the leased properties shall
be arranged by the Tenant at its expense, and carried out correctly and
promptly. By maintenance and repair the parties understand all works necessary
to maintain the condition described in Annex 3. At the request of the Landlord
or Tenant, building inventories shall be taken to ascertain the works to be
carried out and their timing.
If the Tenant fails to comply completely and promptly with its obligation to
carry out routine maintenance and repairs the Landlord shall be entitled,
following a formal warning, to carry out the necessary works and require the
Tenant to reimburse the costs incurred thereby.
(3) The Tenant shall compensate the Landlord for depreciation caused by the
Tenant's business, in the course of use according to this lease, which goes
beyond normal depreciation.
(4) Damage to the leased properties shall be notified to the Landlord (locally
responsible office) immediately, orally and in writing.
(5) The Landlord shall have the right to care for and use existing trees and
green areas.
CLAUSE 9 STRUCTURAL AND OTHER MODIFICATIONS
(1) The Tenant shall require the prior written consent of the Landlord for
structural modifications, and other modifications that cannot be readily
reversed, to the leased properties. A written agreement shall be concluded
before the works begin regarding the costs of such structural and other
modifications, their reimbursement where relevant and any obligation upon the
Tenant to restore the leased properties to their former state at its expense on
relinquishing possession (Annex 4). The obtaining of any necessary official
approvals shall be the responsibility of the Tenant.
The Tenant shall not be entitled to reimbursement of costs incurred by it as a
result of modifications to the leased properties carried out without the prior
written consent of the Landlord, or to payments of any other kind so incurred,
even if the value of the leased properties has been lastingly improved thereby.
The Landlord shall in such cases be entitled to require the restoration of the
former condition at the Tenant's expense and security for the costs of such
restoration before the leased properties are handed back.
(2) The Tenant undertakes to tolerate all works carried out by the Landlord to
extend, modify and maintain its property. Structural works which may have a
lasting effect on the Tenant's business activities shall be agreed with the
Tenant ahead of time, but at least 14 days in advance. In the event of
relatively long term loss of production in this connection the Tenant shall be
offered equivalent rented premises. Claims for compensation by the Tenant in
connection with works by the Landlord to maintain his property which have a
direct or indirect effect on the leased properties shall be excluded.
(3) The Tenant shall have the right to reduce or withhold the rent or claim
compensation only if the works take an unreasonable length of time to carry out.
CLAUSE 10 LIEN, INSPECTION, ASSIGNMENT, SETOFF
(1) For the purpose of exercising its lien, the Landlord or its agent shall be
entitled to visit and inspect the leased properties at any time, with or without
witnesses. The Tenant shall notify the Landlord immediately of the impending
realization of objects brought in that are subject to a pledge or chattel
mortgage.
(2) The Tenant shall notify the Landlord immediately of any execution levied on
leased properties.
(3) The Landlord or its agents shall be entitled to visit and inspect the
leased properties during normal business hours or after prior notification. If
the Landlord wishes to sell leased properties or if this tenancy is terminated,
the Landlord or its agents may visit the leased properties together with
potential purchasers or new applicants for leases; in such cases the Tenant
shall ensure that the leased properties can be visited and inspected even in its
absence. The customary confidentiality shall be ensured.
(4) The Tenant hereby assigns to the Landlord, as security for all claims by
the Landlord under this lease, all present and future claims against third
parties for the payment of rent on the basis of subleasing or subletting
agreements.
(5) The Tenant waives, in respect of any claims by the Landlord under this
lease, the right of setoff and retention, where such waiver is not excluded by
law.
CLAUSE 11 RETURN OF THE LEASED PROPERTIES
(1) After the end of the tenancy the Tenant shall hand back the leased
properties to the Landlord in a renovated state and in the state described in
Annex 3, together
with the keys supplied by the Landlord and keys additionally procured by the
Tenant itself, in accordance with the contractual agreements.
(2) The Tenant undertakes, with regard to installations brought in (such as
gas, water, cooling, heating and electrical installations), at the Landlord's
discretion,
a) either to remove them and restore the original condition at its
expense, the Landlord being entitled to require security for the
restoration of the original condition;
b) or to leave them in situ for payment of a reasonable price. If no
agreement on a reasonable price is reached within, at the most, one
month before the ending of the tenancy, the arrangements as per
subclause (a) above shall apply.
(3) The Tenant undertakes to make good all damage in excess of contractual wear
and tear before the ending of the tenancy. Should the Tenant fail to comply
with this obligation, the Landlord shall be entitled to have such damage made
good at the Tenant's expense.
(4) The Landlord may dispose at its discretion and as it wishes of any property
of the Tenant remaining on or in the leased properties after their return,
unless the Tenant has removed them within two weeks of being so requested. The
Landlord shall be released in this respect from the provisions of Article 181
BGB.
(5) The provisions of Article 568 BGB shall not apply.
CLAUSE 12 SECURITY FOR THE LEASE
(1) The Tenant undertakes to provide security for the lease.
(2) To this end the Tenant shall provide the Landlord, before the commencement
of the lease and as security for all claims by the Landlord arising out of and
in connection with this lease, with a directly enforceable bank/corporation
guarantee certificate, payable at first demand, waiving the defences of
voidability, setoff and failure to pursue remedies, in the sum of three months'
rent plus value added tax pursuant to Clause 4 (1) and (6), that is to say DM
24,400.00.
(3) The Landlord may satisfy its due claims under this guarantee even before
the end of the tenancy. In this case the Tenant undertakes to furnish the
Landlord immediately with a certificate of guarantee in the same terms made out
in the original sum.
(4) The guarantee shall expire on the return of the guarantee certificate to
the guarantor, but not later than 1 month after the leased properties have been
duly handed back.
CLAUSE 13 ADDITIONAL AGREEMENTS
(1) In so far as the Tenant uses the existing locks to the leased premises, the
Landlord cannot guarantee the security of these locks. The Landlord therefore
recommends the Tenant to install its own lock cylinders.
(2) The Tenant states that 16 employees are permanently working in the leased
property.
(3) A separate agreement shall be concluded regarding the renting of parking
spaces.
(4) The conclusion of a contract for telecommunications facilities with
Deutsche Bundespost Telekom shall be the responsibility of the Tenant.
CLAUSE 14 WRITTEN FORM, AMENDMENTS, VENUE
(1) No agreements other than those concluded in this lease exist. Amendments
and additions to this lease shall be in writing.
(2) The agreed venue for all legal disputes shall be Dresden.
Three identical copies of this lease and the annexes listed below shall be
prepared, the Landlord receiving 2 copies and the Tenant 1.
▇▇▇▇▇▇▇, ▇▇ September 1994 Dresden, 7 September 1994
Industrieverwaltungsgesellschaft ISS GmbH
Aktiengesellschaft ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. ▇▇▇
▇▇▇▇▇▇▇ Branch Building 338
01109 Dresden
[illegible signature] [illegible signature]
(Landlord) (Tenant)
Annex 1 Plan of site/buildings
Annex 3 State of the leased properties
Annex 5 Ancillary costs
Annex 7 Rent calculation
Copy 1: Tenant
Copy 2: ZS
Copy 3: HV-IB
CASE 85
ANNEX 1 Plan of site/buildings
to the Business Premises Lease of 7 September 1994 and 12 September 1994
BETWEEN
INDUSTRIEVERWALTUNGSGESELLSCHAFT AKTIENGESELLSCHAFT
ZANDERSTRABE 5, 53177 BONN
and
the company
ISS - INTEGRATED SENSOR SOLUTIONS GMBH
GEB. ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 159, 01109 DRESDEN
This annex comprises this cover sheet and plans 1-2
1 - Plan of the property
2 - Plan of leased areas
▇▇▇▇▇▇▇, ▇▇ September 1994 Dresden, 7 September 1994
Industrieverwaltungsgesellschaft ISS GmbH
Aktiengesellschaft ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. ▇▇▇
▇▇▇▇▇▇▇ Branch Building 338
01109 Dresden
[illegible signature] [illegible signature]
(Landlord) (Tenant)
[Text at bottom right of site plan:]
W 85 DRESDEN
PLAN OF PROPERTY
PLAN NUMBER: 1200
DATE: 23 JULY 1992
[Text at top right of premises plan:]
Ground plan
[Text at bottom right of premises plan:]
W 85 Dresden
(two lines illegible)
Date: July (illegible)
COPY 1
Copy 1: Tenant
Copy 2: ZS
Copy 3: HV-IB
CASE 85
ANNEX 4 Supplementary agreement on Tenant's buildings
to the Business Premises Lease of 7 September 1994 and 12 September 1994
BETWEEN
INDUSTRIEVERWALTUNGSGESELLSCHAFT AKTIENGESELLSCHAFT
ZANDERSTRABE 5, 53177 BONN
and
ISS - INTEGRATED SENSOR SOLUTIONS GMBH
GEB. ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 159, 01109 DRESDEN
SUPPLEMENTARY AGREEMENT
on works by the Tenant who waives any reimbursement of costs or payment
(1) The Tenant shall have the right to make the following modifications to the
leased property at its expense:
(1.1) Conversion of Rooms 35 and 36 to air-conditioned production
premises
(1.2) Construction of a transport and storage area (at least 3 m x 2.4
m) immediately outside Rooms 5/6 for the delivery, storage and
on-site filling of transportable and/or fixed liquid nitrogen
tanks
(2) The Landlord gives its consent thereto on the following conditions:
(2.1) The tenant shall undertake the modifications to the leased
property by agreement with the Landlord's local office in
accordance with the recognized rules of the art and observe all
relevant regulations in so doing.
In the event of the refusal or limitation of official approvals
or their granting subject to conditions or other administrative
acts involving a burden the Tenant shall have no claim on the
Landlord. Any official conditions shall be complied with by the
Tenant at its expense, even if they should be imposed upon the
Landlord.
(2.2) All costs which the Tenant has incurred or will incur for the
modifications shall be borne by it, with no right of
reimbursement from the Landlord. This shall apply even if the
buildings and facilities pass into the ownership of the Landlord
and result in a lasting increase in the value of the leased
property. The time of and reason for the ending of the tenancy
shall be immaterial for this purpose.
(2.3) The Tenant undertakes, after the ending of the tenancy - for
whatever reason - to restore the original condition that existed
before the modifications made by the Tenant. This undertaking
shall lapse if the Tenant and Landlord agree to leave the
modification or parts thereof. The Landlord shall be entitled,
before the Tenant vacates the leased property, to require
security for the costs of restoring the original condition.
There shall be no obligation to restore the storage and transport
area referred to in subclause (1.2).
(2.4) In so far as the Tenant's structural works result in increases in
rates or other public levies or the fire insurance, it undertakes
to reimburse the Landlord for additional charges arising
therefrom.
▇▇▇▇▇▇▇, ▇▇ September 1994 Dresden, 7 September 1994
Industrieverwaltungsgesellschaft ISS GmbH
Aktiengesellschaft ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. ▇▇▇
▇▇▇▇▇▇▇ Branch Building 338
01109 Dresden
[illegible signature] [illegible signature]
(Landlord) (Tenant)
Copy 1: Tenant
Copy 2: ZS
Copy 3: HV-IB
CASE W 85
ANNEX 5 Ancillary costs
to the Business Premises Lease of 7 September 1994 and 12 September 1994
BETWEEN
INDUSTRIEVERWALTUNGSGESELLSCHAFT AKTIENGESELLSCHAFT
ZANDERSTRABE 5, 53177 BONN
and
the company
ISS - INTEGRATED SENSOR SOLUTIONS GMBH
GEB. ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 159, 01109 DRESDEN
CLAUSE 1 THE FOLLOWING ARE AGREED TO BE ANCILLARY COSTS WITHIN THE MEANING OF
CLAUSE 4 (1) (B) AND (C) OF THE LEASE:
Operating costs shall mean the costs routinely incurred by the Landlord as
a result of its ownership of the land and the use according to regulations
of the leased properties pursuant to Clause 1 of the lease. They include,
specifically, the following charges and payments:
CONSUMPTION-DEPENDENT COSTS
1. WATER SUPPLY
This shall include the cost of water consumed, the standing charges and the
meter rentals, the costs of intermediate meters, the calibration costs, the
costs of operating a water supply installation owned by the Landlord and a
water treatment plant, including treatment products. The local water
supply company's rates and the Regulation on General Conditions for the
Supply of Water (AVB ▇▇▇▇▇▇ V) shall apply. Should it be impossible as
yet to charge for consumption via subsidiary measuring devices, this shall
be based on total consumption/usable floor space.
2. DRAINAGE
This shall include the charges for use of a public drainage system, the
costs of operating a corresponding non-public system including the sewer
network and the costs of operating a drainage pump. The local disposal
utility's rates and the General Conditions for Drainage (ABE) shall apply.
3. HEATING
This shall include the costs referred to in the "Regulation on the
consumption-dependent charging of heating and hot water costs" (Heating
Costs Charging Regulation - Heizkosten V). The breakdown of the costs
shall be 70% based on recorded hot water consumption and 30% based on
heatable leased area. The rates and General Terms and Conditions of the
local heating supply company shall apply. Should it be impossible as yet
to charge for consumption via subsidiary measuring devices, this shall be
based on total consumption/usable floor space.
4. ELECTRICITY SUPPLY
This shall include the costs of supplying electricity, where not already
recorded separately. The General Terms and Conditions of Supply (AVB Elt)
of the local energy supply utility shall apply. Should it be impossible as
yet to charge for consumption via subsidiary measuring devices, this shall
be based on total consumption/usable floor space.
5. WASTE DISPOSAL
This shall include the charges and costs payable for public and private
waste disposal.
NON-CONSUMPTION-DEPENDENT COSTS
6. REGULAR PUBLIC CHARGES ON THE SITE
These shall include the rates, in particular.
7. STREET CLEANING
This shall include the charges and costs payable for public and private
street cleaning.
8. CLEANING OF BUILDING AND PEST CONTROL
This shall include the costs of cleaning the parts of buildings used
jointly by tenants/users, such as entrances, corridors, WCs and kitchen,
and of pest control.
9. OPEN SPACES, FOOTPATHS AND ROADWAYS
These shall include the costs of maintaining areas laid to garden and
surface water, including the replacement of plants and timber and the
maintenance of spaces, entrances, vehicular accesses and footpaths not used
for public traffic.
10. LIGHTING
This shall include the costs of electricity for outside lighting and the
lighting of the parts of buildings used jointly by the tenants, such as
entrances, corridors, WCs, kitchen and other service areas.
11. PROPERTY AND LIABILITY INSURANCE
This shall include, in particular, the costs of insuring the buildings in
the unused state against damage from fire, storm and hail, the liability
insurance for the site and buildings and the costs of environmental
liability insurance.
12. SECURITY OFFICER
This shall include the remuneration, social security contributions and all
benefits in money's worth paid by the Landlord for the services of an
indoor or outdoor security officer. If work is done by the security
officer it may not be estimated again under one of the other headings in
this annex.
13. OTHER OPERATING COSTS
These are the operating costs not mentioned in sections 1 to 20 above,
specifically the operating costs for outbuildings, equipment and fittings.
CLAUSE 2 OF THE COSTS LISTED IN CLAUSE 1, THE TENANT SHALL PAY:
1. THE CONSUMPTION-DEPENDENT COSTS BY THE ADVANCE PAYMENT METHOD:
DM/monthly DM/yearly
1 Water 25.00 300.00
2 Drainage 25.00 300.00
3 Heating 500.00 6,000.00
4 Electricity 200.00 2,400.00
5 Refuse 25.00 300.00
----- ------
Total DM 775.00 DM 9,300.00
The Landlord may change the amount of the monthly advance payments by
written notification in order to bring them into line with the latest
situation.
Retrospective changes may date back only a maximum of 3 months, the
month in which the change is notified being reckoned as the first
month.
2. THE NON-CONSUMPTION-DEPENDENT COSTS AS PRO RATA FIXED PAYMENTS BASED
ON LEASED AREA:
DM/monthly DM/yearly
Headings 6-13
387 m2 @ DM 2.50 967.50 11,610.00
Fixed payments for non-consumption-dependent costs shall form part of the
rent and be subject to rent adjustment (Clause 5 of the lease).
▇▇▇▇▇▇▇, ▇▇ September 1994 Dresden, 7 September 1994
Industrieverwaltungsgesellschaft ISS GmbH
Aktiengesellschaft ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. ▇▇▇
▇▇▇▇▇▇▇ Branch Building 338
01109 Dresden
[illegible signature] [illegible signature]
(Landlord) (Tenant)
Copy 1: Tenant
Copy 2: ZS
Copy 3: HV-IB
CASE 85
ANNEX 7 Rent calculation
to the Business Premises Lease of 7 September 1994 and 12 September 1994
BETWEEN
INDUSTRIEVERWALTUNGSGESELLSCHAFT AKTIENGESELLSCHAFT
ZANDERSTRABE 5, 53177 BONN
and
the company
ISS - INTEGRATED SENSOR SOLUTIONS GMBH
GEB. 335, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇
Leased property: ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 159, 01109 Dresden
DM/MONTH
Leased premises Office
Rooms 2-12, 27
incl. common areas 318 m2 @ DM/m2 15.00 4,770.00
Stores
Rooms 35, 36 69 m2 @ DM/m2 8.00 552.00
------------ ----- ----- ---- ------
TOTAL 387 M2 5,322.00
▇▇▇▇▇▇▇, ▇▇ September 1994 Dresden, 7 September 1994
Industrieverwaltungsgesellschaft ISS GmbH
Aktiengesellschaft ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. ▇▇▇
▇▇▇▇▇▇▇ Branch Building 338
01109 Dresden
[illegible signature] [illegible signature]
(Landlord) (Tenant)