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Non-residential
premises lease contract
Contract N ____
for lease of non-residential premises
Moscow
"___"__________200__.
LLC"___________________", main state registration number - ____________________________, represented by General Director I. Ivanov, acting on the basis of the Charter, hereinafter referred to as "Landlord", on the one hand and Company "___________", main state registration number - ____________________________, represented by General Director P. Petrov, acting on the basis of the Charter, hereinafter referred to as "Tenant" on the other hand, jointly referred to as the "Parties", concluded the Preliminary Lease Contract (hereinafter - "Contract") on the following:
1. Subject
1.1. Landlord shall lease to Tenant and Tenant shall accept (for temporary possession and use) non-residential premises for a fee: __ ______________________________________________________, on floor, ¹ _____ _________ (________________________________________) total area of ____________square meters, according to the attached layout.
1.2. Premises specified in this paragraph are provided to Tenant for designated purpose for use as an office.
1.3. Non-residential premises specified in item 1.1. hereof are owned by right of ownership, as evidenced by the certificate of state registration of rights dated "____" ______. N _________________, and are not pledged, under arrest, and not encumbered by other rights of third parties.
2. Rights and liabilities of Parties
2.1. Landlord shall be obliged to:
2.1.1. Transfer to Tenant residential premises specified in clause 1.1. of this Contract under the Transfer - Acceptance Act of non-residential premises, signed by both parties as an integral part hereof.
2.1.2. Provide the premises occupied by Tenant hereunder with electricity, heating (during heating season), and the premises which according to their intended use are restrooms and washrooms, as described in the explication of the Technical Inventory Bureau - additionally with cold water and sewage.
2.1.3. Maintain the utilities and power grids in working condition to ensure the normal use by the Tenant of the leased premises.
2.1.4. Implement access conditions on the territory which the premises leased by Tenant are located in.
2.1.5. In case of emergency situations through no fault of Tenant, take immediate measures to address the consequences of accidents and bring leased premises to the state allowing them to be used by Tenant in accordance with the terms hereof.
2.1.6. Provide access to the leased premises by employees of Tenant and its contractors (visitors) in accordance with the access conditions of the leased premises, at Tenant's request agreed with Landlord.
2.1.7. Familiarize Tenant with fire, sanitary and other norms of use of leased premises, as well as the rules of the access conditions to the buildings which the leased premises are located in.
2.2. Landlord shall have a right to:
2.2.1. Receive rent under the terms of the Contract.
2.2.2. Inspect the leased premises and their use in time agreed with Tenant in accordance with this Contract.
2.2.3. Monitor incoming and outgoing property of Tenant.
2.2.4. In case of emergency (pipe failure, fire, etc.) threatening to damage both Tenant's and other persons' property which occurred at night or after hours, enter the leased premises without Tenant's permission to restore the failure.
2.2.5. In the last month of the lease term have the right to show the premises to potential Tenants.
2.3. Tenant shall be obliged to:
2.3.1. Use the leased premises in accordance with the purpose of the premises identified in paragraph 1.2. hereof.
2.3.2. Maintain the leased premises in good condition in accordance with the fire, sanitary and other regulations applicable in Moscow. Comply with environmental, sanitary and other requirements established by legislation of the Russian Federation on environmental protection and human health, to bear full responsibility before the executive authorities for violation of the above-mentioned requirements.
2.3.3. Pay the rent to Landlord in timely manner and in full accordance with the terms of this Contract.
2.3.4. Make alterations, repairs and reconstruction of the leased premises, including utilities and energy networks only with the written consent of Landlord, and only after consultation with the relevant authorities in cases specified by the legislation in Moscow.
2.3.5. In case of removal of permanent improvements by Tenant, he shall be obliged at his own expense to recover the relevant damage or compensate the damages to Landlord.
2.3.6. Upon expiration of this contract or its early termination, transfer to Landlord the leased premises on the basis of an Act in the state not worse than the state in which they were received by Tenant. In case of deterioration of the Premises, Tenant shall make repairs at its own expense or compensate its cost.
2.3.7. In case of reorganization of Tenant, changes of name or legal address of Tenant or change of Tenant's Director who signed this Contract, notify Landlord within three working days from the date of such changes.
2.3.8. In case of intentions to change the terms of the Contract regarding the total area of the leased premises, notify Landlord in the written form 30 calendar days prior.
2.3.9. In accordance with the Federal Law "On Fire Safety" ¹ 69-FZ dated 21.12.94 and "Rules on Fire Safety in the Russian Federation" ensure compliance of fire safety regulations by its employees, and persons attached and seconded by the Tenant, either indoors or on the territory of Landlord. Provide primary fire extinguishing means in the Premises in accordance with the applicable regulations. Assign a person responsible for fire and electricity safety in the leased premises. Copy of such order should be provided to Landlord.
2.3.10. Ensure safety of electrical, heating, water, sewer and other utilities, including the equipment located in the leased premises.
2.4. Landlord shall have a right to:
2.4.1. Use the leased premises set forth in this Contract in accordance with the terms of this Contract.
2.4.2. Renegotiate the lease for a new term with proper implementation of the terms of this Contract, with Landlord's consent.
2.4.3. With the written consent of Landlord and in accordance with the terms of this Contract, make alterations, repairs and changes in the leased premises in accordance with paragraph 2.3.4.
3. Payment procedure
3.1. To use of the Premises, Tenant shall pay to Landlord the rent in the amount of _________ (____________________) rubles per month, including 18%VAT. The rent includes utilities payments (heating, cold water, electricity, sewage).
3.2. Within 3 (Three) banking days from the date of signing of the Contract on Lease of uninhabited premises, Tenant shall give a warranty as the down payment in the amount of the month rent. At the Contract termination, the down payment is taken by the Parties with regard to the rent for last month.
3.3. Accrual of rent hereunder is done on the monthly basis from the date of the premises transfer as determined by the Premises Transfer Act.
3.4. Payment hereunder is done by Tenant on 25th of current month for a month in advance by transferring funds to Landlord's account showing in the payment receipt the contract number and period of payment or account numbers, highlighting VAT as a separate line. The date of payment shall be the date of receipt of funds to Landlord's account.
The absence of the bill shall not be the ground for refusal of payment by Tenant. The latter, in this case shall be obliged to make payment within the specified period.
3.5. Value of the rent quoted in paragraph 3.1. hereof does not include payments for use of telephone lines (fee, time payment, long distance, Internet), the payment is made on the basis of a separate invoice.
3.6. The cost of the alterations, remodeling, and separate improvements executed by Tenant are not refundable at termination of this Contract.
4. Responsibilities of the Parties
4.1. Responsibility of the Party for breach of its obligations under this Contract shall be in accordance with the applicable Civil Code of the Russian Federation.
4.2. Parties shall not be responsible for any failure to perform or improper performance of their obligations hereunder in the event of force majeure (force majeure, which the Parties could not foresee at the time of signing this Contract, and that they are unable to resolve by any reasonable means). In the event of such circumstances, the Party under such influence shall notify the other party immediately, but no later than two days from the occurrence of such circumstances. If the party is under the influence of force majeure, without notifying the other party in writing within the specified period, it shall lose the right to continue to refer to these circumstances as grounds for exoneration.
4.3. In case of violation by Tenant the terms of Lease payments, Landlord shall have the right to cut off energy in the leased premises, to seal the premises and to prevent the passage of Tenant's employees in the premises and hold Tenant's property to repay his debt to them for all types of payments.
4.4. Tenant shall be responsible for fire and electrical safety in the leased premises.
5. Term of the contract, order of changes and early termination
5.1. This Contract is signed by the parties for 11 months, it shall be effective from the date of its signing and valid for "___" __________ 200__ inclusive.
5.2. Term of lease of uninhabited premises is set from the date of signing of the Premises Acceptance act till "___" __________ 200__ inclusive.
5.3. The contract can be renegotiated by the parties for the same period.
5.4. Tenant shall notify Landlord on the desire to renew the contract not later than 30 working days prior to the expiration of the Contract.
5.5. Tenant shall be obliged to pass the leased premises on the Act to Landlord not later than on the expiration date of uninhabited premises lease.
5.6. This Contract may be changed by the parties signing the Contract to amend the Contract.
5.7. This Contract may be early terminated both by the initiative of Landlord and Tenant. In this case, one of the Parties shall notify the other no later than 30 calendar days prior to the date of early termination of this Contract. In this case the termination is carried out under the Contract signed by both parties. At the same time, the Contract shall define the procedure for settlement hereunder. Transfer of the premises is carried out in this case at time and manner specified by paragraph 5.5. hereof. In this case, losses caused to the Party by the Contract termination at the initiative of the other party including lost profits shall not be refundable.
5.8. The Contract can be terminated by Tenant:
5.8.1. In cases of violation by Landlord of its contractual obligations set out in paragraphs 2.3.1.-03.02.1910, 3.2-3.6 hereof Landlord shall send a letter on early termination of the Contract specifying the reasons for which this Contract is terminated and the date on which the Contract is terminated. After this date, Tenant must deliver to Landlord the leased premises under the terms of paragraph 5.5. hereof.
6. Other terms
6.1. The Parties shall provide to each other all essential information for this Contract in writing.
6.2. All changes, additions and annexes to this Contract shall be the integral parts if they are signed by the Parties.
6.3. Written information shall be sent by the Parties to each other, either by registered mail with notification, or by a courier. In case information is transferred by a courier the recipient must acknowledge receipt of correspondence by written signature of the person who received this correspondence, certified by a stamp or a seal of the receiving Party, which clearly indicates the name of the company of Tenant or Landlord respectively. Forwarding by the Parties to each other written information to the addresses indicated in the bank details of the parties hereunder is recognized as forwarding this information in the proper location of the party.
6.4. When solving the issues not covered herein the parties shall be governed by the applicable legislation of the Russian Federation.
6.5. Disputes between the parties shall be resolved through negotiation, and with failure to reach the agreement they shall be referred to the Moscow Arbitration Court.
7. Legal and postal addresses, bank and other details of the Parties
Landlord
LLC "_________________________________"
Legal address:
_______, Moscow region, ____________
Primary State Registration Number (OGRN)
Taxpayer Identification Number (INN)
Taxpayer record validity code (KPP)
Operating account
Moscow branch of OJSC AKB RosBank
Moscow
Bank Identification Cod (BIC)
correspondent's account
From Landlord
General Director
LLC "____________________"
___________________
Stamp
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Tenant
LLC "_________________________________"
Legal address:
_______, Moscow region, ____________
Primary State Registration Number (OGRN)
Taxpayer Identification Number (INN)
Taxpayer record validity code (KPP)
Operating account
in ______________________Moscow
Bank Identification Cod (BIC)
________________
correspondent's account __________________
From Tenant
General Director
____________________.
Stamp
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Appendix ¹ 1 to the lease contract ¹ ___
Of "____" __________ 2007.
Floor Plan
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From the landlord
Executive Director
LLC "_________________"
____________________
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The Tenant
____________________
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Acceptance protocol
the Treaty of lease of uninhabited premises
¹ ___ of ____________ "___" 2007.
PM Moscow
"___"__________ 200__ PM
LLC "__________________", hereinafter referred to as Landlord, in face of the Executive Director ____________, acting on the basis of 10.12.2006 ¹ 2 PM, on the one hand and OOO_______________________________________, hereinafter referred to as Lessee, on behalf of the Technical Director _____________________., acting under the Attorney ¹ 50 of 09.01.2007, the, on the other hand, collectively referred to as - The parties have entered into this Act as follows:
1. The landlord has passed, and the tenant has a lease (on loan) portion of the building, non-residential premises number ____ to the address: 143400, Moscow region, d.___ on the __ floor, total area of _______ square (______________). meters.
2. The room is fully in compliance with the Treaty and is suitable for use by Lessee for the above purpose.
March. Claims for the technical condition of the premises Tenant does not.
4. This Act shall be made in two copies, one copy for each of the Parties and shall enter into force upon signature by both Parties.
5. This Act is an integral part of the Lease Agreement non-residential premises number 3 of "____" ____________ 2007.
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From the landlord
Executive Director
LLC "_________________"
____________________
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The Tenant
____________________
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