Exhibit 10.12
Amendment to the
Commercial Lease
between: | IBM Immobilien GbR |
| Gaisbergstrasse 21 |
| 94469 Deggendorf, Germany |
| - Landlord - |
| |
and | congatec AG |
| Auwiesenstrasse 5 |
| 94469 Deggendorf, Germany |
| - Tenant - |
For the following building: Auwiesenstrasse 5, 94469 Deggendorf, Germany
As an amendment to the Commercial Lease dated 12/31/2004 including modifications/amendments thereof dated 12/31/2004, 12/28/2006, 01/01/2009, 01/20/2009 and 12/15/2012, the following Amendment shall be agreed:
To Art. 1 Object of lease
From 07/01/2014-or-after when the works are completed, the newly built offices on the first floor (commercial units: 3, 3a, 5, 6) shall be rented additionally.
To Art. 2 Rental period
The Commercial Lease for the whole building shall be continued for 10 years until 01/01/2025.
To Art. 3 Rental payment
[handwritten: completion of works]
From 07/01/2014, the following rental payment shall be agreed:
Item | | Rented space / description | | m2 | | Rent/m2 | | Total rent | | Total | |
1 | | Second floor- Commercial unit 1 part 1 | | 616.07 | | 7.50 € | | 4,620.53 € | | | |
2 | | Second floor- Commercial unit 1 part 2 | | 283.43 | | 7.50 € | | 2,125.73 € | | | |
3 | | First floor- Commercial unit 1 part 3 | | 73.37 | | 6.50 € | | 476.91 € | | | |
4 | | First floor- Commercial unit 1 part 4 | | 62.29 | | 7.50 € | | 467.18 € | | | |
| | Total commercial unit 1 | | 1035.16 | | | | 7,690.33 € | | 7,690.33 € | |
| | | | | | | | | | | |
5 | | First floor- Commercial unit 2 | | 155.17 | | 4.00 € | | 620.68 € | | 620.68 € | |
| | | | | | | | | | | |
6 | | First floor- Commercial unit 3 | | 50.76 | | 7.50 € | | | | | |
7 | | First floor- Commercial unit 3a | | 171.1 | | 7.50 € | | | | | |
8 | | First floor- Commercial unit 5 | | 358.3 | | 7.50 € | | | | | |
9 | | First floor- Commercial unit 6 | | 251.8 | | 7.50 € | | | | | |
| | Total commercial units 3-6 | | 831.96 | | 7.50 € | | 6,239.70 € | | 6,239.70 € | |
| | | | | | | | | | | |
10 | | Underground parking garage - Lump sum rent | | | | | | 1,000.00 € | | 1,000.00 € | |
| | Total spaces | | 2022.29 | | | | | | | |
| | Net rent | | | | | | | | 15,550.71 € | |
| | Monthly operating costs installment | | | | | | | | 1,700.00 € | |
| | Total net payment | | | | | | | | 17,250.71 € | |
| | 19% VAT | | | | | | | | 3,277.63 € | |
| | Monthly gross payment | | | | | | | | 20,528.34 € | |
The enclosed updated calculation of areas and a floor plan form part of this Amendment.
To Art. 4 - Additional property expenses
From 07/01/2014 or after when the works are completed, the advance payment for operating costs including heating expenses shall amount to: 1,700.—€/ month plus VAT
All other provisions of the Commercial Lease dated 12/31/2004 and its Amendments shall remain unaffected.
Deggendorf, 4/1/2014
/s/ Heinz Iglhaut | | /s/ Gerhard Edi |
| | |
IM Immobilien GbR | | congatec AG |
| | |
- Landlord — Heinz Iglhaut | | Tenant — Gerhard Edi |
