Letterhead of the lease agreement for non-residential premises

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Lease agreement for non-residential premises No. 1/2021  

Almaty " 04 " October 2021  

IP".....", hereinafter referred to as the "landlord"........... The Tax Office for Almaty District of Astana, acting on the basis of the willow Coupon No. Kz23twq01222 dated 08.10.2020, issued on one side and LLP".............", the so-called "tenant" in the future,......... Valid on the basis of power of attorney No. 25 of September 01, 2021 (validity period of 3 years), on the other hand, jointly concluded a lease agreement for this non-residential premises, hereinafter referred to as the "parties" (hereinafter referred to as the contract) on the following:

Article 1. TERMS AND THEIR INTERPRETATION

In this Agreement and subsequent amendments and additions, as well as in annexes to it, the parties agreed to an unambiguous interpretation of the terms and concepts specified in this article of the agreement.

The concepts and definitions mentioned in this article of the contract are used by the parties in the specified sense, regardless of their use in the singular or plural.

Concepts and definitions not directly specified in this article of the agreement are used in the values established by the legislation of the Republic of Kazakhstan.

Article 2. SUBJECT OF THE CONTRACT

The lessor sends the tenant to the Republic of Kazakhstan, Almaty, Bostandyk district, PR....provides for temporary paid ownership and use (lease) of non-residential premises with a total area of 70.9 square meters, clean finishes and individual entrances, located at 1 (first) address.., House 190, N. P. 32, and the tenant undertakes to pay the rent on time and fulfill other requirements stipulated by this Agreement.

The lessor guarantees that the premises were provided with the consent of the arrears holder of Forte Bank JSC at the time of signing this Agreement. If the premises are forcibly removed from the lessor, then the lessor undertakes to return the guarantee fee to the lessee in full, including reimbursement of all expenses incurred by the lessee during the period of renting the premises.

The room is used by the tenant to organize a pharmacy.

The tenant has the right to transfer the premises to a partial sublease with a prior written agreement with the lessor.

The parties may not transfer their rights and obligations under this agreement to third parties without the written consent of the other party.

Article 3. General provisions 3.1. acceptance of premises:

3.1.1.the lessor transfers the premises to the lessee by signing the act of acceptance and transfer, which is signed by authorized representatives of the parties and sealed with the seals of both parties and is an integral part of this Agreement. The acceptance certificate is drawn up in the form specified in Annex No. 1 to this Agreement.

3.1.2.in the act of acceptance and transfer of the premises, data on the state of the premises are indicated, the indicators of all metering devices are entered as of the date of acceptance and transfer of the premises.

Letterhead of the lease agreement for non-residential premises

3.2. Return Of The Room.

3.2.1. return of the premises by the tenant to the lessor

Acceptance and transfer of premises is carried out according to the act in accordance with the procedure provided for in paragraphs 3.1.1 and 3.1.2. it is obliged to extend the term of this agreement within 5 (Five) banking days from the date of expiration of the lease term or from the date of early termination of this agreement on any grounds. The return of the premises by the tenant to the lessor is carried out with finishing, taking into account normal wear and tear, while maintaining all the Indivisible improvements carried out by the tenant, the cost of which is not subject to reimbursement by the lessor to the tenant.

3.2.2.signing of the act of acceptance and transfer of the premises means confirmation of the fact of inspection and acceptance of the premises by the parties, readiness of the premises for further use.

Article 4. PROCEDURE FOR PAYMENT OF RENT AND OTHER PAYMENTS

4.1. the monthly rent of the premises is 700,000 (seven hundred thousand), including all tax obligations of the parties.

4.2. the rent will be made by the lessee by transferring funds to the lessor's bank account specified in this Agreement.

4.3.the lessor provides the tenant with rental leave on the following terms: - for the period from October "04", 2021 to October "19", 2021 (inclusive). Rent is not charged. During the rental vacation, the tenant pays/ reimburses the landlord for current utility costs.

4.4. the tenant pays the rent in the period from 1 to 5 of each month on the basis of the landlord's account, which is issued monthly at least 5 (five) days before the start of each payment.  

4.5.the procedure for paying rent.

4.5.1. the lessee pays the lessor monthly until the 5th (fifth) day of the current month according to the details specified by the lessor as an advance payment for the upcoming use of the premises. Payment is made on the basis of this Agreement, the lessor does not enter payment accounts.  Within 3 (three) banking days after signing the contract, a deposit in the amount of 700,000 (seven hundred thousand) tenge is paid as a guarantee in case of material damage. Upon termination of the contract, if there is no major / significant damage caused, the deposit amount is returned to the tenant in full. Improvements made by the tenant are not included in the rent.

4.2.property tax and land tax directly related to the premises are paid by the lessor independently.

4.3. utilities are paid (reimbursed) by the lessee from the moment of transfer of the premises to the lessor until the 15th day of the month following the rental month. Payment for utilities is made on the basis of checks issued to the landlord by utilities and issued to the tenant for payment before the 12th of the month of payment. In case of delay in the transfer of accounts provided by utilities by the lessor, the payment period is 3 (three) calendar days from the date of issuance of the relevant accounts. At the same time, the services of KSK are reimbursed by the tenant only in terms of monthly payments, target fees are not subject to compensation.

4.4 the specified amount of rent is fixed for the period of validity of the contract in the amount of 700,000 (seven hundred thousand) tenge.

4.5. the tenant independently bears the costs of paying for security, communication, internet, cable (satellite) TV services and other services not included in utilities. Also, at his own expense, the tenant cleans the roof of the premises from snow as needed.

Article 5. OBLIGATIONS AND RIGHTS OF THE PARTIES

5.1. Lessor's Obligations

5.1.1.provision of premises to the tenant in accordance with the acceptance certificate.

5.1.2.not to commit actions that prevent the tenant from using the premises in accordance with paragraph 2.3 for its intended purpose. includes the implementation of this agreement, as well as commercial and other activities of the lessee, agreed in advance with the lessor in writing. 5.1.3.granting the tenant the preferential right before other persons to conclude a lease agreement for a new period, the terms of which are agreed additional 2 (two) months before the end of the lease term.

5.1.4.grant the tenant the right to place signs and advertisements on the facade of the room. All costs associated with the manufacture, approval and installation of signage and advertisements are solely the responsibility of the tenant.

5.1.5.within 10 (ten) working days from the date of submission to the tenant by issuing a "agreed" visa approved by his / her signature, he / she agrees to the documentation submitted to them, which includes volumetric planning, design, technological, engineering and other solutions. 5.2. Lessor's Rights

5.2.1.in order to verify the intended use of the premises by the tenant in accordance with paragraph 2.3, with notification of the tenant (except in emergency situations), he is obliged to enter the premises in person or through a representative by proxy. obtaining indicators of this contract and metering devices. Such verification can only be carried out by the landlord during the working hours of the tenant. In extreme cases, including when it is necessary to prevent an accident, suppress illegal encroachments on the part of third parties, the lessor can visit the premises without the notice of the tenant, but with the obligatory subsequent notification of the tenant. At the request of the tenant, written explanations of the conduct of such a trip may be provided.

5.2.2.obtaining written consent from the lessee to terminate this Agreement or extend it for a new period after the expiration of this agreement, since the lessee has an advantage over other potential tenants.

5.2.3.require the tenant to comply with the terms of this Agreement.

5.2.4.require the tenant to compare and pay monthly and quarterly mutual settlements in a timely manner.

5.2.5.the lessor has the right to alienate the premises with notification of the tenant one calendar month in advance. In the case of transfer of ownership of property to a third party, all rights and obligations under this Agreement are transferred to the new owner on the same terms.  

5.3. Obligations Of The Tenant

5.3.1.independently equip the facility in accordance with the requirements of sanitary, fire regulations and regulations. The tenant is personally responsible to the fire extinguishing authorities, SES and other regulatory authorities. 5.3.2.maintain the premises in good condition at your own expense, perform current repairs within the boundaries of the premises, and on engineering networks – from metering devices.

5.3.3.timely payment in accordance with the procedure and conditions stipulated by the terms of this Agreement. 5.3.4.use the room in accordance with paragraph 2.3 for its intended purpose. and its maintenance in accordance with the sanitary and technical standards and fire safety standards established by the legislation of the Republic of Kazakhstan.

5.3.5.ensure disinfection, disinsection and deratization of premises at their own expense in accordance with the internal established schedule for carrying out such works.

5.3.6.in case of detection of signs of an emergency or other malfunction of plumbing, electrical and other equipment, in case of fire or waterlogging of the premises (hereinafter referred to as the "emergency situation"): to stop the further operation of faulty equipment; to ensure the safety of life and health of citizens; to immediately notify the services for the Prevention of

5.3.7.elimination of all defects and breakdowns of communications in the room, caused by the fault of the tenant, without delay and at his own expense.

5.3.8.be personally liable for damage caused to third parties in accordance with the current legislation of the Republic of Kazakhstan.

5.3.9.in accordance with the procedure established by this Agreement, unhindered sending representatives of the lessor to the room to check its sanitary and fire condition and intended use, to obtain readings of metering devices.

5.3.10.immediately notify the lessor of all violations of the rights of the owner, as well as violations of the rights of the lessee by third parties. No later than 2 (two) months before the expiration of this Agreement, the lessor has the right to make a written statement of intent to extend the contract for a certain period, the terms of which are additionally agreed.

5.3.12.notify the lessor in writing about the termination of the contract within the time limits established by this Agreement, as well as pay rent for specific rental dates. If the premises are released before the expiration of the notice of early termination of the contract, the deposit remains with the lessor.

Letterhead of the lease agreement for non-residential premises

5.3.13.after the expiration of the lease term or early termination of this lease agreement, free the premises from property, equipment, furniture, carry out restoration repairs in the premises in order to restore it to its original form (in accordance with the act of renting the premises) and return the premises. If the parties have reached an agreement to perform such repairs by the lessor's efforts and at its cost, the lessor will reimburse the cost of the repair from the amount of the guarantee fee, and the lessee undertakes to return the premises to the lessor within 5 (five) business days. If the amount of collateral is insufficient, the tenant undertakes to pay the difference within 5 (five) business days. The tenant is exempt from the obligation to carry out restoration repairs in case of termination of this lease agreement in accordance with paragraph 6.2. and 3.1.when returning the premises of this Agreement, the tenant returns to the lessor the entire set of keys received during the acceptance of the premises. If the parties do not agree otherwise, the recovery repair period is 10 (ten) business days.

5.3.14. the tenant undertakes to comply with the following instructions of public order in the premises and in the building:

It is forbidden to clog and clog the OTP of the building.

It is forbidden to enter the building or store weapons, ammunition, toxic, explosive, radioactive and toxic substances, as well as substances prohibited by the legislation of the Republic of Kazakhstan.

5.4. Tenant Rights

5.4.1.the landlord has the right to use the premises and all the rights of the tenant under the contract during the lease term without any interference or interference from the landlord.

5.4.2.during the term of this agreement, after written agreement with the lessor, place signs, stands, banners and other advertising materials aimed at advertising their activities in the building and on the territory adjacent to the building. The tenant independently bears the costs associated with the payment of mandatory payments to the budget for the placement of outdoor advertising, as well as other expenses for the placement of advertising. After the end of the lease term, the tenant is obliged to disassemble signs, stands, banners and other advertising materials at his own expense within 5 (five) days.

5.4.3.with the written consent of the lessor and the KSK, at their own expense, to carry out installation and installation of equipment that does not violate architectural and construction and other norms, laying of networks and channels necessary for the implementation of the tenant's activities. At the same time, if the works affect engineering networks or structures located in the area of responsibility of the KSK, it is required to obtain the written consent of the KSK.

Article 6. Validity of this agreement 6.1. if the lease term is not terminated ahead of schedule as specified in this agreement, it is valid until the end of the lease term, namely until October "04" (inclusive), 2024.

6.2. this Agreement may be terminated prematurely only in the following cases:

Letterhead of the lease agreement for non-residential premises

6.2.1.at the request of one of the parties, this Agreement may be terminated only in case of significant violation by one of the parties of the terms of this Agreement or in other cases stipulated by this Agreement or the current legislation of the Republic of Kazakhstan. Violation of the terms of this agreement is recognized as significant when one of the parties allows an act (or inaction) that causes damage to the other party so that its further application loses its meaning, since this party is significantly deprived of what it has the right to believe at the time of concluding the agreement.

6.2.2. at the request of the lessee, within 10 (ten) calendar days with mandatory written notification of the lessor, if: 6.2.2.1.the lessor does not provide the lessee with the premises within the period established by this Agreement or creates obstacles to the use of the premises. 6.2.4. Early termination on the initiative of the lessee in a unilateral extrajudicial manner with mandatory written notification of the other party no later than 2 (two) months before the expected date of termination of the contract in connection with the inappropriateness of the further execution of this agreement by the lessor in the proper performance of the terms and obligations under this agreement on the initiative of the lessee. 6.2.5.at the initiative of the lessor, the contract is considered terminated from the moment of written notification of this to the lessee. This agreement is subject to unilateral termination, and the tenant: - did not use the premises (as a whole or part of it) for its intended purpose; - did not enter the rent in a timely manner for a period of more than 10 days; - if the tenant deliberately or carelessly deteriorates the condition of the premises; - in cases of refusal of the tenant to fulfill his obligations under this Agreement, which is subject to eviction;-sublease of the premises (as a whole or part of them) without the consent of the lessor;-recognition of the tenant as bankrupt or liquidation in accordance with the established procedure; - In other cases directly stipulated by the Civil Code of the Republic of Kazakhstan. 6.3.the expiration of the term of this agreement does not release the parties from liability for non-fulfillment or improper performance of its terms.  

Article 7. Liability of the parties under this agreement 7.1. in case of non-fulfillment and/or improper performance of its obligations under this Agreement, the guilty party shall be liable in accordance with this Agreement:

7.1.1.by reimbursing the other party for actual damage caused by non-performance and/or improper performance of its obligations. The damage is subject to compensation within 10 (ten) banking days from the date of receipt of a written claim from the other party with copies of documents confirming the cause (fact and amount) of such damage.

7.1.2. the tenant is responsible and fined in the following cases:

When the deadline for signing the act of acceptance and transfer is violated during the acceptance and return of the premises, the tenant pays the landlord an amount proportional to the rent for the entire overdue time for the actual use of the premises;

Letterhead of the lease agreement for non-residential premises

In case of violation by the tenant of the payment term under this Agreement, the tenant pays the lessor a penalty in the amount of 1 (one) % of the overdue amount for each calendar day that has expired, but not more than 10% of the rental amount until the moment of fulfillment of the payment obligation, including the date of payment. Payment of penalties, forfeiture (fines) established by this agreement does not exempt the tenant from fulfilling obligations under this Agreement or eliminating violations. 7.1.3. In case of damage to the engineering networks of the building, the tenant is responsible for all persons referred to the internal engineering networks and communications networks, including the tenant's personnel, visitors, contractors and other counterparties, reimbursing all costs associated with this at his own expense and at his own expense. 7.1.4.the owner of the House is not responsible for the incorrect provision of electricity, heat energy, water (cold/hot), sewer problems and communication services. However, the owner of the House will make every effort to solve such problems, if it is within his power.

7.1.5.if, after the termination of the lease term, the premises are not returned to the lessor within the time limits established by this Agreement due to the fault of the tenant, then for each calendar day of delay in the return of the premises, the lessor has the right to demand from the tenant to pay a fine in the amount of 1 (one) % of the monthly rent amount, but not more than 10% of the monthly rent amount. 7.1.6.payment of fines, penalties and penalties, as well as compensation for damages, does not exempt the parties from fulfilling their obligations under this Agreement.

7.1.7.the lessor is not responsible for the defects of the premises that were notified to them in writing at the time of conclusion of this Agreement.

7.1.9.the lessor is not responsible for the safety of the property of the tenant and users of the premises, the health of people in the premises and the territory adjacent to the premises.

7.1.10.if, during the operation of the premises, due to the fault of the tenant, his employees or visitors, the finished structures, building materials, equipment of the premises, public places (entrances, corridors, stairs) are damaged, seals on metering devices are damaged, all damage repair costs are reimbursed by the tenant at the request of the lessor.

7.1.11.from the date of the start of the lease, the tenant is personally liable for improper use of the premises, violation of regulatory legal acts and documents, including in connection with causing harm to third parties, disturbing, disturbing the peace and other violations of established restrictions.

Letterhead of the lease agreement for non-residential premises

7.1.12.foreclosure on the leased property is not allowed on the lessor's debts, except for the insolvency (bankruptcy) of this person.

7.1.13.in case of violation of clause 2.2. this conditional lessor undertakes to reimburse all expenses of the tenant in full, including a fine of 1,000,000 (one million) tenge within 5 (five) business days from the date of filing the relevant claim.

Article 8. DISPUTE RESOLUTION PROCEDURE

8.1.all disputes and disagreements that may arise from or in connection with this agreement will be resolved, if possible, through negotiations between the parties.

8.2.if disputes and disagreements are not resolved through negotiations, they are submitted for consideration by the Specialized Interdistrict Economic Court of Almaty (contractual criminal record), the language of legal proceedings is Russian.

Article 9. Force majeure 9.1. the parties are exempt from liability for partial or complete non-fulfillment of their obligations under this Agreement, if such non-fulfillment is the result of force majeure circumstances arising after the conclusion of this agreement, provided that the party can not foresee, by reasonable measures, namely: fires, strikes, explosions, accidents, floods, droughts, earthquakes, wars (declared or not declared), armed actions, unrest, actions or inaction of state bodies. At the same time, the term of fulfillment of obligations is postponed in accordance with the time for which such circumstances apply. If these circumstances last more than 6 (six) months, then each of the parties will have the right to refuse to further fulfill obligations under this Agreement, and in this case, neither party will have the right to reimburse the other party for possible losses.

9.2.the party to which the fulfillment of obligations under this Agreement may occur is obliged to notify the other party of this immediately, but not later than 5 (five) calendar days from the date of occurrence of force majeure (force majeure) circumstances. Violation by a party of the notice period established by this clause of the contract of the occurrence of force majeure circumstances deprives it of the right to refer to these circumstances as the basis for its subsequent release from liability in case of non-fulfillment of obligations under this Agreement.

Article 10. Final provisions 10.1.any amendments and additions to this agreement must be made in writing, signed by authorized representatives of the parties and sealed with the seals of the parties.

Letterhead of the lease agreement for non-residential premises

10.2.it is not allowed to transfer the premises by the lessee for sublease and/or use to third parties without the consent of the lessor, to include the right to lease as a contribution to the authorized capital of business partnerships and other legal entities or as collateral. 10.3.the content of the text of this agreement fully corresponds to the actual expression of the Will of the parties.

10.4.if any provisions of this Agreement become invalid or subsequently become invalid, then the legality of the remaining provisions of it does not disappear from this.

10.5.in all other cases not provided for by this Agreement, the parties are guided by the current legislation of the Republic of Kazakhstan.

10.6. The Tenant independently takes measures for state registration of this contract with the bodies authorized to register transactions with real estate. The tenant is responsible for the costs of registration and its implementation.

10.7.notifications required or allowed under this Agreement are not valid if they are not submitted in writing and delivered by courier service or other means of personal delivery, receiving a receipt at the addresses of the parties specified in Article 11.

10.8. the parties are obliged to immediately notify each other of all changes in postal and payment details. Actions performed on old addresses and accounts before receiving a notification of their change are credited to the fulfillment of obligations. For notifications, the party that was not at the address does not have the right to refer to the fact of not receiving correspondence.

10.9.this agreement is concluded in 3 (three) original copies, one for each of the parties, and one third for the authorized body.

Letterhead of the lease agreement for non-residential premises

10.11. the parties have the right to make changes and additions to this Agreement if it is concluded in writing and signed by the parties that concluded this Agreement.

10.12.an integral part of this agreement is the act of acceptance and transfer of premises.

10.13.any non-agreed amendments to the text of this Agreement have no legal force.  

Article 11. DETAILS AND SIGNATURES OF THE PARTIES 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

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