ADDENDUM NUMBER 2 TO UNPROTECTED TENANCY AGREEMENT EXECUTED IN FEBRUARY 2018 Made and executed in Yokneam on January __, 2020

 

Made and executed in Yokneam on January __, 2020

 

WHEREAS	The Lessor and the Tenant signed a tenancy agreement in February 2018 including appendices and attachments (hereinafter: the "Original Tenancy Agreement") for leasing areas and parking spaces in a complex known as Shaar Yokneam (hereinafter: the "Current Leasehold" and the “Complex”, respectively), and the Lessor and the Tenant signed in January 2019 an addendum for extending the area of the Leasehold (hereinafter: the "Addendum to the Tenancy Agreement");
	(The Original Tenancy Agreement together with the Addendum to the Tenancy Agreement and all the other additions, as the case may be, including this Addendum, and all their appendices and attachments, will hereinafter be referred to as the “Tenancy Agreement”);
WHEREAS	The Tenant requested the Lessor again to lease also the Additional Area, as defined below, and also the additional Parking Spaces, as defined below, in their current situation (AS IS), thus increasing the Current Leasehold area, as defined above, and subject to meeting the Contingent Condition, as defined below, the Lessor acceded to the Tenant’s request – all in the manner and under the terms and conditions as stated in this Addendum below.

Therefore the parties declared, stipulated and agreed as follows:

 

 

 

 

 

 

 

 

 

 

 

 

The Current Leasehold together with the Added Area will hereinafter be referred to as the “Leasehold”.

 

The area of the Leasehold (namely, the Current Leasehold together with the Added Area is approximately 1,672 sq.▇. ▇▇▇▇▇.

 

 

 

 

 

 

It is agreed that subject to the full and timely performance of all the conditions set forth in this Addendum, and to the fulfillment of the Contingent Condition stated in Section 2 above, the Tenant leases the Added Area from the Lessor for a tenancy period of 22 (twenty two) months, which will begin on the Effective Date, namely March 1, 2020 and will end on December 31, 2021 (hereinafter: the "Tenancy Period in the Added Area").

 

 

 

 

Notwithstanding the foregoing, the Lessor may at any time, at its sole discretion and for any reason, collect from the Tenant monthly management fees according to the stated in the Management Agreement (namely, on the basis of cost+15%, linked to the Basic Index plus VAT at the legal rate), all as stated in the Management Agreement. The Tenant undertakes that he will have no contention and/or claim and/or demand against the Lessor and/or the Management Company and/or anyone on their behalf in all that pertains to the management fees as stated above (including whether this amount is a fixed amount or if calculated according to the mechanism prescribed in the Management Agreement) (hereinafter: “Management Fees in respect of the Tenancy Period in the Added Area”).

 

 

 

 

 

 

 

 

It is agreed that additional stipulations for the entry into effect of this Addendum is performance of the following fundamental obligations, as follows:

 

 

 

 

 

 

 

The Tenant’s Works Insurance and the Tenant’s Standing Insurance Policies will hereinafter be referred to as the “Tenant’s Insurance Policies”).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.3.10.

At the request of the Company or the Management Company, the Tenant undertakes to furnish to the Company and to the Management Company, within 5 days of the request, the Certificate of the Tenant’s Standing Insurance Policies in respect of its extension for another insurance period, upon every insurance period, as long as this Agreement is in effect.

 

 

 

 

 

 

 

The authorization provided by the Tenant to the Lessor to charge the account under the Tenancy Agreement will also apply for the purpose of collecting payments that apply to the Tenant under this Addendum.

 

 

 

 

 

 

 

 

 

 

In witness the parties have signed in the place and on the date stated at the head of this Addendum:

 

 

I the undersigned, ____________, Adv., hereby certifies that the Tenant is an existing and active corporation and that it made all the resolutions required for its contract in this Addendum under its Articles of Association; [I also certify] that the signatures above are those of Mr. _____________ (ID____________) and Mr. _____________ (ID____________), who are authorized to bind the Tenant by their signatures.

 

 

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The Tenant shall take out and maintain a contract works insurance policy in the name of the Tenant, contractors, subcontractors, the Company and the Management Company, that will include all the insurance chapters stated below and all the extensions that are included in the policy, including an extended maintenance period of 24 months (hereinafter: the "Maintenance Period"), with the extent of cover not falling below the BIT form in effect at the time of taking out the insurance policy.

 

 

 

Limit of liability: ILS ______________ per incident and cumulatively according to the Chapter (*).

 

The Chapter is extended to include the following:

 

 

 

 

 

 

The Policy will include the following terms and conditions:

 

The Policy above precedes any policy taken out by the Company and/or the Management Company and the insurer waives any contention and/or demand in regard to sharing the Company’s insurance and/or the Management Company’s insurance. Failure to comply with the terms of the Policy and its stipulations in good faith by the Tenant and/or anyone on its behalf shall not derogate from the rights of the Company and/or the rights of the Management Company to be receive indemnity under the Policy. This Policy will not be terminated and will not be adversely modified during the insurance period except upon delivery of a notice in writing by registered mail to the Company and to the Management Company at least 60 days prior. The Tenant is solely liable for payment of the premiums for this Policy and bears the deductible payments applying to the policy. Gross negligence exclusion is void, but this voiding does not derogate from the rights of the Insurer and the obligations of the Tenant under the Insurance Contract Law, 5741-1981.

 

 

The Tenant shall take out and maintain insurance policies with the extent of cover not falling below the BIT form in effect at the time of taking out the insurance policy.

 

 

Insuring the Leasehold content, its glazing, windows, glass partitions and glass doors and any change, improvement and addition brought to the Leasehold and/or the building or for the Tenant (including equipment, furnishings, facilities and inventories), and any modification, improvement and addition to the Leasehold that were made or will be made by the Tenant or for him, in their full value, against loss or damage due to the customary risks in extended fire insurance, including fire, smoke, lightning, explosion, earthquake, storm and hurricane, flood, liquid damage and cracking of pipes, damage by vehicles, damage by aircraft, riots, strikes, malicious damage and burglary damage. This policy will include a clause of a waiver of the right of subrogation toward the Company, toward the building’s Management Company [if there is such, (hereinafter: the "Management Company")] and anyone on their behalf as well as towards other lessees, tenants and other rightholders in the building (hereinafter, all the lessees, tenants and other rightholders will be referred to as the “Other Rightholders”), whose property insurance policies include a corresponding clause of waiver of the right of subrogation toward the Tenant or the agreements that confers the Other Rightholders rights in the building tenancy agreements include an exemption of liability toward the Tenant against loss or damage caused to the Other Rightholders’ property due to the risks that are customary in extended fire insurance; but such waiver will not apply to a person who caused damage maliciously.

 

 

Insuring the Tenant’s legal liability due to a bodily injury or damage to property that may be cause to the body or property of any person or entity in the Leasehold, the building or its vicinity, at a limit of liability as stated below. The Policy is not subject to any limitation for liability stemming from fire, explosion, panic, lifting, unloading and loading equipment, defective sanitary facilities, poisoning, any detrimental thing in food or drink, strike and shutdown, liability for and to contractors, subcontractors (of any rank) and their employees, animals, as well as subrogation claims from the National Insurance Institute. The Policy is extended to indemnify the Company and the Management Company for their liability as the owners and administrators of the Leasehold and also in respect of liability that may be imposed on any of them due to an act or omission of the Tenant or anyone on its behalf, subject to a cross-liability clause according to which, the insurance is deemed as if taken out for each of the Insured’s individuals. The limit of liability in the amount of: ILS ____________ per incident and cumulatively under the Policy (*)

 

 

 

Insuring the Tenant’s liability to its employees due to bodily injury or a vocational illness that may be caused to any of them while and due to their work in the Leasehold, the building and its vicinity with a liability limit of ILS 20,000,000 per claimant, incident and cumulatively under the Chapter. This policy does not exclude works in heights and in depths, work hours, lures and poisons and employment of youths. The Policy is extended to indemnify the Company and the Management Company should it be claimed, in connection with a vocational accident or illness that any of them bears employer liability to any of the Tenant’s employees. In addition, the Policy includes a waiver of the right of subrogation toward the Company, the MCO and anyone on their behalf; however, the waiver will not apply to a person who caused the insurance incident maliciously.

 

 

Insuring loss of gross profit due to loss or damage caused to the Insured’s property under Section 1 above or to the Leasehold or to the building consequent to any of the risks listed in Section 1 above, for an indemnification period of 24 months. The Policy includes a clause according to which the Insurer waives the right of subrogation toward the Company, the Management Company and anyone on their behalf as well as towards the Other Rightholders whose consequential loss insurance includes a corresponding clause of waiver of the right of subrogation toward the Tenant or the agreement that confers the Other Rightholders rights in the building includes a waiver of liability in favor of the Tenant due to consequential loss to the Other Rightholders due to the customary risks in extended fire insurance, but the waiver will not apply to a person who caused the insurance incident maliciously.

 

The Policy will include the following terms and conditions:

 

The Policy above precedes any policy taken out by the Company and/or the Management Company and the insurer waives any contention and/or demand in regard to sharing the Company’s insurance and/or the Management Company’s insurance. Failure to comply with the terms of the Policy and its stipulations in good faith by the Tenant and/or anyone on its behalf shall not derogate from the rights of the Company and/or the rights of the Management Company to be receive indemnity under the Policy. This Policy will not be terminated and will not be adversely modified during the insurance period except upon delivery of a notice in writing by registered mail to the Company and to the Management Company at least 60 days prior. The Tenant is solely liable for payment of the premiums for this Policy and bears the deductible payments applying to the policy. Gross negligence exclusion is void, but this voiding does not derogate from the rights of the Insurer and the obligations of the Tenant under the Insurance Contract Law, 5741-1981.

 

[watermark: DRAFT]

 

[Header on this page only:] Gornitzky & Co., Advocates; Draft dated December 25, 2019 for negotiation only, subject to the Lessor’s comments; does not bind the parties prior to their signing it; this draft does not constitute an offer or acceptance.

 

[Header:] Gornitzky & Co., Advocates; Draft dated December 25, 2019 for negotiation only, subject to the Lessor’s comments; does not bind the parties prior to their signing it; this draft does not constitute an offer or acceptance.

 

 

Date: ______________

 

Attn

 

The Lessor _______________

 

_________________________

 

Re: Certificate of Insurance

 

We hereby attach the Certificate of the Tenant’s Works Insurance / Tenant’s Standing Insurance Policies (please indicate the relevant certificate) signed by out Insurer as required in the Insurance Chapter of the Tenancy Agreement dated ______________ and hereby declare that for the purpose of receiving the Certificate of Insurance, we provided the content of the Insurance Chapter and the Insurance Specification to the insurance agent and to our Insurer.

 

Sincerely [signature] Tenant’s Signature

 

PARKING SPACES DELIVERY PROTOCOL

TO: INMODE LTD

 

 

 

 

 

 

In witness the parties have signed

 

 

Main Office Park Ofer, Yokneam

28 HaKidma 28, P.O. Box 58, Yokneam ▇▇▇▇▇▇▇

Telephone ▇▇▇▇-▇-▇▇▇ [illegible] Fax [illegible]

Email: ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇, ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇

 

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