ONTRACT ON SALE AND LEASEBACK 国外商业地产售后回租赁合同范本Word下载.docx

1、contract of sale） and that the lessee lease the property for the lessees business, from the date of the contract of sale. The lessor and lessee have thus made the following. SALE AND LEASEBACK AGREEMENT ON THE PROPERTY LYNGHALS 11. PROPERTYThe lessee leases from the lessor the property Lynghals 1, R

2、eykjavik, together with the concomitant land-lease rights （hereinafter the property.） This consists of industrial and office accommodation as described more fully in Appendix 1.2. AMOUNT OF LEASEThe purchase price of the property pursuant to the contract in Appendix 1 is a total of ISK170,000,000 （o

3、ne hundred and seventy million ISK）. The amount of the lease comprises the purchase price, contract charge and lessors costs due to registration and stamp duty on the contract in Appendix 1. Details of the composition of the amount of the lease are to be found in Appendix II （summary of conditions）.

4、3. INITIAL LEASE PERIODThe agreed period of the lease begins on 5 June 1998 and ends without formal notice on 4 June 2008.4. CONDITION OF PROPERTYThe lessee is familiar with the condition of the property and is satisfied with it in every way.5. LEASE PAYMENTSPayments on the lease shall be made month

5、ly in arrears, the date of payment being the 5th day of each month for the prior month. The first date of payment is 5 July 1998, and the last date of payment 5 June 2008. Payment dates thus total 120. If the date of payment is not a banking day, the due date shall be transferred to the next banking

6、 day following. A banking day shall be regarded as a day when banks are open both in Iceland and in the country of origin of the foreign currency in which the lease is denominated.The monthly lease payment agreed is USD 26,671.25, which shall be raised or lowered in accord with changes in LIBOR inte

7、rest rates （London Inter Bank Offered Rate） on the inter-bank market in London for one-month USD loans, vis-a-vis the interest rate plus interest supplement stated in Appendix II of this contract.The lease payment each month shall be a sum equivalent to payments on a 10-year annuity loan with 12 rep

8、ayments per year. When LIBOR interest is calculated, this shall be done on the basis of the interest rates published on Reuters BBA page at 11 am （GMT） two days before the due date, and this shall apply to the next period.Should the lease payment or other payments covered by this contract not be pai

9、d on the due date, the debt shall be subject to the highest legal penalty interest rates from due date to date of payment.The lessee shall pay, during the period of the lease, fees/costs due to collection and receipt of individual lease payments.All payments covered by his contract shall be made at

10、a place to be decided by the lessor, who shall inform the lessee of this.6. OPERATIONAL COSTS, ETC.The lessee shall, in addition to lease payments pursuant to Art. 5, pay all operational costs of the property, including all property taxes, contributions to joint maintenance work, costs due to improv

11、ements to the plot or the property, and cost of a managing committee for the building if applicable.Should the lessor pay operational costs payable by the lessee under the terms above, this amount is payable at the next due date for lease payments.The lessee shall reimburse the lessor for all taxes

12、and duties that may be imposed upon this contract or in connection with it, including those due to the lessors ownership of the property. The same applies to compensation that the lessor may be required to pay as owner of the property, not covered by ordinary property-owners insurance, pursuant to A

13、rt. 7, para. 4. This does not, however, apply to taxes that may be levied on the lessors revenue from this contract, or property tax that may be levied on the lessors assets.7. MAINTENANCE OF PROPERTYThe lessee shall treat the property with care, and in keeping with the agreed use.The lessee shall b

14、e responsible, at the lessees own expense, for all maintenance of the property, inside and out. The property shall be maintained in good condition, by such measures as painting the property and renewing flooring and other surfaces, in keeping with good practice regarding the maintenance of leased pr

15、operty.Should the property or its appurtenances be damaged, the lessee shall take measures to repair the damage at the lessees own expense and as soon as possible.The lessee shall purchase property-owners insurance in the name of the lessor with regard to the property, and continue this throughout t

16、he period of the lease.Should the lessee not fulfil the above obligations regarding maintenance and repair as specified above, the lessor may have maintenance or repairs carried out at the lessees expense, and require reimbursement of the cost on the next due date of the lease.8. ADDITIONS AND CONST

17、RUCTIONThe lessee has the lessors full permission to carry out those improvements and additions to the property that are necessary in order to make it suitable for the research work in human genetics and information technology that the lessee carries out, and is known to the lessor. Those changes or

18、 improvements made by the lessee to the property itself will automatically and without special reimbursement become the property of the lessor, in keeping with practice in the leasing and sale of commercial premises. The lessee shall seek the lessors consent for all changes which may be regarded as

19、unusual for the activity of the lessee. Should such changes or additions be made without the lessors consent, the lessor may require the property to be restored to its original condition, without cost to the lessor.The lessor is aware that the lessee plans to extend the property at Lynghals 1 within

20、 a few years. Permission has been obtained from municipal authorities for an extension with a ground area of 1,500 sq.m. The lessor grants permission for this extension to be carried out, should the lessee decide to undertake it. All extensions to the existing property become the property of the les

21、see.Concomitant land-lease rights, in keeping with the proportional size of the present building and the extension to be constructed, will also become the property of the lessee. The lessor undertakes to agree to the making of a new agreement on the division of the property pursuant to the above, wi

22、thout any special fee being paid. Costs of making the contract of division are to be paid by the lessee.Should the lessee intend to transfer property rights in an extension to Lynghals 1 to a third party, the lessor shall have preemptive rights to equal the offer of the third party, whether this con

23、sists of sale, rental or sale and leaseback of the extension. The lessors pre-emptive right is contingent upon the lessor still being owner of the property and payment of the outstanding amount of the lease not having taken place pursuant to Art. 12.9. OWNERSHIP, TRANSFER OF RIGHTS, ETC.The lessor h

24、as, during the term of the lease, direct right of ownership in the property.The lessee shall, if liens should be imposed upon business equipment or other chattels located on the property, whether as collateral or for attachment of debts, ensure that the lien does not apply to the property. If any do

25、ubt exists about this at the time of the lien being imposed, the property shall be clearly excepted from the lien.The lessor may transfer rights and obligations under the terms of this lease, provided such as transfer does not in any way affect the rights of the lessee. The lessee may not transfer t

26、he right to use of the property without the written consent of the lessor. The lessor shall grant the lessee the right to sublet the property, if it is certain that this will in no way affect the interests of the lessor.Direct ownership of the property and other ownership rights are transferred at t

27、he end of the lease period to the lessee, or to a party nominated by the lessee, provided the lessee has in every way fulfilled the obligations on the lessee under the terms of this contract.10. INFORMATIONThe lessee must submit to the lessor, no later than 6 months after the end of the accounting y

28、ear, a copy of the lessees annual accounts.11. RESCISSION AND SETTLEMENTThe lessor may rescind this contract if the lessee defaults seriously on obligations under this contract.Examples of serious default are:1. The lessee neglects maintenance or repair to the property, so that it is at risk of dete

29、rioration, or does not comply with the lessors instructions to rectify matters within four weeks from receipt of the notice.2. The lessee sublets rights under the lease or sublets the property without the consent of the lessor, and does not comply with the lessors instructions to rectify matters wit

30、hin four weeks of receipt of the notice.3. The lessee does not make payments due on the lease, or other payments payable to the lessor by the terms of this contract, on the due dates, and remains in default for more than four weeks.4. The lessee requests a moratorium on debts, an unsuccessful attempt is made at attachment or impounding regarding the lessee, or liquidation proceedings are requested by the lessee or creditors of the lessee, on the basis of an unsuccessful attempt at attachment, the lessee seeks composition of debts, or a decision is made to cease trading.5. The lessees fina