EXHIBIT 10.22
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
MAASSTEDE(R)
LEASE Agreement
[*], Schiphol-Rijk
Haarlemmermeer
Equinix, Inc.
VASTGOED ONTWIKKELING
____________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
MAASSTEDE(R)
LEASE
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According to the model decided upon by the Raad voor Onroerende Zaken (Council
for Real Estate Matters) in February 1996. Reference to this model is only
permitted if the inserted, added or divergent text can easily be recognized as
such. Additions and divergencies should preferably be included in the article
`Special stipulations'. The Council accepts no responsibility for adverse
consequences arising from the use of the text of the model.
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The undersigned:
GIP Airport B.V., c/o Westplein 11 in Rotterdam (zip code 3016 BM) or
successors, for the purpose of this document duly represented by mr. R.A.
Nederlof or his successor(s) in title,
hereinafter referred to as `the lessor',
and
Equinix, Inc. or successors, with its corporate domicile at 901 Marshall Street,
Redwood City, California (CA 94063), United States of America, listed in the
Trade Register of the Chamber of Commerce of _______ under no. _______, for the
purpose of this document duly represented by Mr. __________, according to the
attached authorization,
hereinafter referred to as `the lessee',
have agreed to the following lease:
The leased space, purpose and use
1.1 This agreement concerns the storage, office and showroom space of approx.
[*]m2 in total and 31 parking spaces the whole of which forms part of the
new development called `[*], hereinafter referred to as `the leased
space', known locally as [*](house number yet to be determined) in
SchipholRijk, recorded in the land registry as [*] and further indicated
on the drawings of the leased space, which form part of this lease,
attached to this deed and certified by the parties.
1.2 The leased space may be used exclusively for as regards the storage,
office and showroom space for fitting out of electronic, electrical,
mechanical, optical and associated equipment and facilities related with
Internet (Internet Business Exchange - IBX , or related use).
__________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Initials lessor: Initials lessee:
1.3 The lessee is not allowed to put the leased space to any other use than
that described in 1.2 without the prior written permission of the lessor.
1.4 The highest permissible load on the floor(s) of the leased space is for
the:
monolithic floor storage space ground floor 2,500 kg/m2
floor between axis 5 and 6 600 kg/m2
extension ground floor between axis A and B 1,215 kg/m2
upper floors 450 kg/m2
mezzanine floor 750 kg/m2
Conditions
2.1 The general conditions for the leasing of office premises and other
business premises not subject to Section 7A:1624 of the Netherlands Civil
Code, deposited at the office of the District Court of The Hague on
February 29, 1996 and registered under number 34/1996, hereinafter referred
to as the General Conditions', form part of this lease. The parties are
fully informed of these General Conditions, of which the lessee has
received a copy.
2.2 The conditions referred to in 2.1 are applicable except insofar as the
conditions mentioned below expressly deviate from them or applicability in
relation to the leased space is not possible.
Term, extension and termination
3.1 This lease is entered into for the period of 15 (fifteen) years, commencing
on April 1, 2001 and ending on March 31, 2016.
3.2 Following the expiration of the period referred to in 3.1, this lease will
be extended for a contiguous period of 5 (five) years, that is until March
31, 2021. Subject to termination of this lease, this lease will be extended
for a contiguous period of 5 (five) years, that is until March 31, 2026.
3.3 Termination of this lease will take place by giving notice before the end
of a lease term with due observance of a period of notice of at least 12
(twelve) months.
3.4 Termination of the lease may only occur by means of a writ or by certified
mail. Only Lessee is entitled to terminate this lease with due observance
as mentioned in this article.
3.5 Premature termination of this lease is possible under one of the
circumstances referred to in section 7 of the General Conditions.
Payment obligations, period of payment
4.1 The lessee will be obliged to make the following payments:
- rent;
- payment for additional supplies and services plus the sales tax
payable thereon;
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Initials lessor: Initials lessee:
- sales tax on the rent or a corresponding sum in accordance with and
with due observance of 15.2 and 15.3 of the General Conditions, if the
parties have opted for the rent to be subject to sales tax. - 1996
CPI.
4.2 The rent amounts to an annual sum of NLG [*](in words: [*]Guilders).
4.3 The rent will be adjusted annually on April 1, for the first time on April
1, 2002, and so on in accordance with 4.1 and 4.2 of the General
Conditions.
4.4 The payment for additional supplies and services will be determined in
accordance with 12 of the General Conditions and as is stipulated therein,
a system of advance payments with settlement at a later date will be
applied to this payment.
4.5 The payments to be made by the lessee to the lessor will be due in a lump
sum in advance, in successive terms of payment as referred to in 4.6, and
must have been made in full before or on the first day of the period to
which the payments apply.
4.6 For each term of payment of 3 (three) calendar months, the following
amounts will be payable for:
- the rent NLG [*]
- the advance payment for additional supplies
and services provided by or on behalf of the
lessor p.m.
------------
Total amount NLG [*]
(in words: [*]Guilders)
These amounts are exclusive of sales tax.
4.7 With a view to the date of commencement of this lease, the first term of
payment (calendar quarter) relates to the period from April 1 through June
30, 2001 and the amount payable for this period is NLG [*](in words: [*]
Guilders), plus the advance payment to be determined by the parties for the
supplies and services arranged for by or on behalf of the lessor and plus
sales tax on both amounts. The lessee will pay this amount including the
sales tax charged thereon before or on April 1, 2001.
Sales tax
5.1 All amounts mentioned in this lease are exclusive of sales tax. The lessee
is required to pay sales tax on the payments for additional supplies and
services. In the event of taxed rent, this also applies to the rent. Sales
tax will be charged by the lessor and is required to be paid together with
the rent and the payment for additional supplies and services, or the
advance payment for these.
_________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Initials lessor: Initials lessee:
5.2 The parties agree that the lessor will charge the lessee sales tax on the
rent.
5.3 If it has been agreed that sales tax will be charged on the rent, the
lessee herewith irrevocably authorizes the lessor and its successor(s) in
title to submit on its/their behalf an application as referred to in
Section 11, subsection 1, under b., 5e of the Sales Tax Act of 1968 (Wet
op de Omzetbelasting 1968) (with regard to opting for taxed rent). If so
required, the lessee will co-sign this application and return it to the
lessor within 14 (fourteen) days of receiving it.
Supplies and services
6. With respect to the additional supplies and services to be arranged for
by or on behalf of the lessor, the parties agree that all supplies (gas,
water and electricity) by public utility companies will be applied for
and paid by the lessee directly. As regards other additional supplies and
services to be arranged for by or on behalf of the lessor will be
determined by the parties in joint consultation and that this involves an
advance payment which includes an amount equivalent to 5% of the advance
payment as a remuneration for the administrative costs incurred by the
lessor. Parties will confirm the detailed agreement regarding the
supplies and services to be arranged for by or on behalf of the lessor
through an alleged to this lease not later than the date of occupation by
the lessee. Lessee has the right to get supplies and services of third
parties or to make the necessary arrangements for themselves.
Bank guarantee
7. The amount of the bank guarantee referred to in 8.1 of the General
Conditions, and other stipulations regarding Security as mentioned in
Article 10 of this Lease, is in total NLG [*] (in words): [*] Guilders).
Real estate management
8. Until the lessor announces otherwise, the management of the real estate
will be carried out by Maasstede Vastgoed Management v.o.f, Westplein 11,
3016 BM Rotterdam.
Special stipulations
9.1
Rent subject to sales tax
9.1.1 Article 4.1, third dash, is to be replaced by `the sales tax due on the
rent or a corresponding amount, in accordance with and taking into
account the stipulations in 9.1.2 up to and including 9.1.13 of the
special conditions'.
____________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Initials lessor: Initials lessee:
9.1.2 In the event that it was agreed that sales tax will be charged on the
rent, the lessee and the lessor explicitly declare that the starting
point for determining the rent was that the lessee will continue to use
the leased space or cause it to be used for purposes for at least the
percentage determined by law or a minimum percentage to be determined
at a later date for activities which entitle the lessee to deduct sales
tax, in such a way that the parties can opt for taxed rent.
9.1.3 The lessee and lessor will make use of the possibility by virtue of
Notification 45, decision of 24 March 1999, no. VB 99/571 to waive the
right to submit a joint request to opt for rent subject to sales tax
and to limit it to a statement to be filled in and signed by the
lessee, which statement forms an integral part of the present lease.
The stipulations of Article 5.3 of the lease are therefore hereby
declared to be inapplicable.
9.1.4 The lessee will send a signed and completed statement to the lessor in
accordance with a model to be made available by the lessor not later
than on the date of signing this lease from which it appears that the
lessee will use the leased space or have it used for purposes for which
a right to make a complete or practically complete deduction of sales
tax exists as laid down in Section 15 of the Wet op de Omzetbelasting
1968 (Sales Tax Act 1968).
9.1.5 The lessee hereby declares that its financial year runs from January 1
to December 31.
9.1.6.a If the decision to grant taxed rent should be cancelled because the
lessee no longer uses the leased space or causes it to be used for
activities which entitle it to deduct sales tax, the lessee will no
longer owe the lessor or its successor(s) in title sales tax on the
rent, but the lessee will owe the lessor or its successor(s) in title
in addition to the rent exclusive of sales tax commencing on the date
on which the decision to grant taxed rent has been cancelled by way of
a separate payment such an amount that the latter is fully compensated
for:
I. The sales tax which the lessor or its successor(s) in title is no
longer allowed to deduct as a result of the cancellation of the
possibility to deduct sales tax from the operating costs of or
from investments in the leased space.
II. The sales tax which the lessor or its successor(s) in title has
to pay to the tax authorities as a result of the cancellation of
the possibility to deduct sales tax due to a recalculation of the
taxed rent as referred to in Section 15, subsection 4 of the Wet
op de Omzetbelasting 1968 or revision as referred to in Sections
11, 12 and 13 of the Uitvoeringsbeschikking Cmzetbelasting 1968
(Sales Tax (Implementation) Decree 1968).
III. All other loss which the lessor or its successor(s) in title
incurs as a result of the cancellation of the possibility to
deduct sales tax.
9.1.6.b The financial loss incurred by the lessor or its successor(s) in title
as a result of the cancellation of the option for taxed rent will be
paid by the lessee to the lessor or its
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Initials lessor: Initials lessee:
successor(s) in title every time together with the periodic rent
payments and will, with the exception of the loss as referred to under
I in 9.1.6.a, if possible be equally divided by means of an annuity
over the remaining periods of the current lease term, but will be due
and payable in full and immediately by the lessee if the lease is
terminated prematurely, for whatever reason.
9.1.7 The stipulation referred to in II under 9.1.6.a will not apply if at
the time when the present lease is concluded the revision period for
deducting sales tax already paid with respect to the leased space has
expired.
9.1.8 The stipulations referred to under 9.1.6 also apply if at the time when
the lease is concluded the lessee has not provided the lessor with a
signed `Sales Tax statement' filled in and signed by the lessee, as
referred to under 9.1.3. The stipulation of 15.2 of the General
Conditions is consequently hereby declared to be inapplicable.
9.1.9 If a situation as referred to in 9.1.6 occurs, the lessor or its
successor(s) in title will inform the lessee what amounts must be paid
by the lessor or its successor(s) in title to the tax authorities and
provide insight into the other losses as referred to in 9.1.6, with the
exception of loss determined in advance as referred to in I under
9.1.6.a. The lessor or its successor(s) in title will give its
cooperation if the lessee wishes to have the specification of this
additional loss made by the lessor or its successor(s) in title checked
by an independent registered accountant. The costs of this will be at
the lessee's expense.
9.1.10 In the event that the use to which the lessee puts the leased space or
causes it to be put is not complied with in accordance with the
purposes referred to under 9.1.2, the lessee will inform the lessor or
its successor(s) in title of this by means of a signed statement within
four weeks of the end of the financial year concerned. The lessee will
also send a copy of this statement to the Sales Tax Inspectorate within
the same period of time.
9.1.11 If the lessee does not fulfill the obligation to provide information as
referred to under 9.1.3 or under 9.1.9 and/or does not comply with the
obligation of occupation as referred to under 9.1.12 or if it turns out
in retrospect that its assumptions were incorrect, and it turns out in
retrospect that the lessor or its successor(s) in title has wrongly
charged sales tax on the rent, the lessee shall be in default, and the
lessor or its successor(s) in title shall be entitled to recover the
resulting financial loss from the lessee. This loss concerns the full
sales tax still due by the lessor or its successor(s) in title to the
tax authorities plus interest and any increases as well as additional
costs and loss. The stipulations in this paragraph contain an
arrangement for compensation in the event that the taxed rent ceases to
be applicable with retroactive effect, in addition to the arrangement
set out in 9.1.6. The additional loss which results for the lessor or
its successor(s) in title from the retroactive effect, will be payable
by the lessee immediately, in full and as a lump sum. The lessor or its
successor(s) in title will give its cooperation if the lessee wants to
have the specification of this additional loss made by the lessor or
its successor(s) in title checked by an independent registered
accountant. The costs of this will be at the lessee's expense.
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Initials lessor: Initials lessee:
9.1.12 The stipulations set out under 9.1.6, 9.1.8 and 9.1.10 will also apply
if the lessor or its successor(s) in title is confronted with a loss
after the termination of the lease, whether premature or not, due to
the cancellation of the taxed rent agreed upon by the parties. This
loss will then be payable by the lessee to the lessor or its
successor(s) in title immediately, in full and as a lump sum.
9.1.13 Without prejudicing the other relevant stipulations in the lease, the
lessee will in any event put the leased space into use or cause it to
be put into use before the end of the financial year in which it
started to lease the space with application of the right of opting for
taxed rent.
Payments
9.2 Payments by the lessee must be made by automatic transfer.
Carrying out work in the leased space
9.3 The lessee is permitted to carry out fitting-out work from October 1,
2000 (based on the planning of the building work by Slavenburg's
Bouwbedrijven) without rent being payable to the lessor. The lessee
will ensure its fitting-out work will not cause any nuisance to the
fitting-out work carried out by the lessor's (sub)contractor(s). In
consultation with Maasstede Vastgoed Ontwikkeling and Slavenburg's
Bouwbedrijven, the lessee will submit to the lessor the standards and
specifications (together with drawings) of the fixtures and fittings to
be installed in the leased space for its approval. The lessee will not
be permitted to carry out work in or on the leased space before the
lessor has granted its written permission for the proposed alterations.
Lessor shall not unreasonably withhold its approval.
Commencement date of the lease
9.4 The commencement date of the lease as mentioned in Article 3.1 and in
accordance with the rent payment obligation of the lessee is a target
date. The commencement of the lease will be 6 (six) months after the
date in Article 9.3 mentioned "carrying out work in the leased space".
When the "carrying out work in the leased space" moves in time, the
commencement date of the lease will be so much earlier or later subject
to a period of 6 (six) months. The commencement date is a goal date. If
goal date is not met, the rent date is moved along accordingly to six
(6) months from fitting-out date.
Level of outfitting
9.5 The leased space will be delivered by the lessor in accordance with:
a. the drawings WE250f, WE251d, WE252d, WE253c, WE254e, WE255f and
WE256c, all dated March 22, 2000 of Group 5 Van Der Ven (project
number 98p22) and;
b. schedule of alterations Equinix dated April 14, 2000 to
specification number 372-2 dated December 1, 1999.
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Initials lessor: Initials lessee:
Publicity with respect to the lessee and the leased space
9.6 For security reasons, the lessee and the lessor will draw up rules in
joint consultation providing for a manual for the provision, in any
way, of information and publicity matters with respect to the lessee,
the nature of the leased space and the activities in the leased space
of the lessee and its clients.
Subletting and reletting
9.7 The lessee has the right to sublet the leased space or parts thereof to
companies belonging to the same group, including parent, sister or
subsidiary companies as that of the lessee in accordance with the
definition of Section 2:24 (a) and (b) of the Netherlands Civil Code,
and to affiliated companies with which the lessee maintains a business
relationship. On signing this lease, the lessee will make a list of
affiliates available to the lessor. This list will be determined and/or
changed in joint consultation and by mutual consent of both parties.
Lessee has the right to transfer this lease to the mentioned affiliated
companies prior the written approval of the lessor. Placement of
lessee's customer's equipment in leased premises shall not be deemed a
sublet or relet.
Compensation on termination of the lease
9.8 On termination of the lease, the lessee will, by way of compensation
for restoring the leased space to its original condition, in accordance
with the then current standards, pay the lessor an amount of NLG [*]
plus sales tax. This amount is based on the estimated calculation of
the costs of restoring it to its original condition as described in the
existing building permit, issued nr. 1999/1281 dated September 27, 1999
and the specifications ("the original specifications") dated December
1, 1999 numbers 372-2, as annexed to the lease agreement as annex 7. If
drawings are not already provided by lessor to lessee, then lessor
shall provide original building drawings as soon as reasonably
possible.
Additional costs connection charges
9.9 The connection charges for a standard gas and electricity (1,000 KVA)
connection will be at the lessor's expense. The electricity supply is
connected to the low voltage connection point to made available by the
utility company. A Power of 2,000 KVA will be assumed. The additional
costs for up to 2,000 KVA (and more) will be at the lessee's expense.
*Lessor and lessee agree to file a joint application.
Security
10.1 At the signing of this lease the lessee shall provide to the lessor two
bank guarantees issued by a generally accepted and well known European
Bank.
___________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Initials lessor: Initials lessee:
-1- A bank guarantee, hereinafter referred to as "the rental bank
guarantee", in an amount equal to 12 months rent, service
charges and the VAT thereon.
-2- A bank guarantee, hereinafter referred to as "the rebuild bank
guarantee", in the amount of NLG [*] ([*]Dutch Guilders). This
guarantee is based on the costs of rebuilding the premises into
the original state in conformity with the existing building
permit, issued nr. 1999/1281 dated 27 September 1999, and the
specifications ("the original specifications") dated [1 December
1999], number(s) [372-2], as annexed to the lease agreement as
annex [7].
10.2 The rental bank guarantee shall serve as security for all monies which
the lessee shall be required to pay to the lessor or the lessor's
successor(s) or assign(s) under this agreement or any renewal thereof
(including any damages, interest and costs) due by the lessee on account
of default. The rental bank guarantee shall be in conformity with the
standard ROZ-model.
10.3 Annually, at each anniversary of the lease, the bank guarantee shall be
replaced by a new one, adjusted for the increase of the rent after
adjustment or review of the rent and/or an adjustment of the service
charges.
10.4 Upon the termination of the lease and vacation and delivery of the
property, the lessor shall as soon as possible determine the amount of
its unsettled claims, if any, and after payment of such claims shall give
the lessee permission to cancel the rental bank guarantee.
10.5 The lessee shall be required to maintain a rental bank guarantee in the
manner as agreed during the term of the lease and/or any renewal thereof.
The lessor will return a bank guarantee only after having received in
replacement a new bank guarantee as foreseen in subsection 10.3.
10.6 The rental bank guarantee will be decreased with an amount equal to 3
months rent (including service charges and VAT) after both the total rent
including service charges and VAT has been paid in time for a lease
period of five consecutive years and after the lessee has shown a
positive result on the basis of the EBITDA measurement system for the
last three consecutive years of the said five year period.
10.7 After the conditions mentioned in subsection 10.6 have been fulfilled,
the rental bank guarantee will be decreased further with an amount equal
to 1 month rent (including service charges and VAT) if, the lessee has
shown a positive result on the basis of the EBITDA measurement system in
each following year after the five years referred to in subsection 10.6
and the lessee has paid the rent (including service charges and VAT) in
time during the entire past lease period. The decrease with an amount
equal to 1 month rent as foreseen here, shall apply for maximum three
consecutive years. During the period of operation of this clause, the
parties will discuss annually, at each anniversary of the lease, the
implementation of this clause. At such occasion the parties may also
__________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Initials lessor: Initials lessee:
discuss a different method of decrease of the bank guarantee. Any
agreement on this subject shall be in writing, signed by both parties.
10.8 The rental bank guarantee will never be less than an amount equal to 6
months rent (including service charges and VAT).
10.9 The rebuild bank guarantee shall serve as security for the obligation
of the lessee to restore the premises at the end of the lease to the
state and condition in which it was originally planned to be built,
which means that the equipment which were not installed or which were
replaced by the lessee's own equipment shall have to be installed and
the lessee's own equipment shall have to be removed by and on account
of the lessee.
10.10 The rebuild bank guarantee may, at the option of the lessee, be
decreased by 50% if and when the lessee has shown a positive result on
the basis of the EBITDA measurement system for three consecutive years
after the commencement of the lease and provided that prior to the
rebuild bank guarantee being reduced, the lessee provides the landlord
with a concern guarantee in a form acceptable to the landlord, for the
amount by which the rebuild bank guarantee is to be reduced.
10.11 The rebuild bank guarantee will never be less than an amount of NLG
[*].
10.12 Upon the termination of the lease and vacation and delivery of the
property, the lessor shall as soon as possible determine the amount of
its unsettled claims, if any, and after payment of such claims shall
give the lessee permission to cancel the rebuild bank guarantee.
10.13 The lessee shall be required to maintain the rebuild bank guarantee in
the manner as agreed during the term of the lease and/or renewal
thereof.
Revision / assessment of the rent against the market rent
11.1 Without prejudice to the stipulations mentioned in Article 4.3 both
parties are entitled to require an assessment of the rent against the
market rent, for the first time after a period of 15 (fifteen) years
and subsequently after each period of 5 (five) years.
11.2 The market rent is the rent amount of similar storage space on the
spot. If one of the parties wishes a revision, it will notify the other
party by certified mail 6 months prior to the date the revised market
rent will have to commence. The revision will never lead to a lower
lease price than the initial lease price at the time of the
commencement date of this lease agreement.
11.3 In case parties will not have reached agreement about the lease price
not later than 3 (three) months prior to the date on which revision of
the lease price should take place in accordance with this Article, the
market rent of the leased space will be determined obligatorily and by
highest authority by 3 (three) experts. In that case parties shall each
__________________
*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Initials lessor: Initials lessee:
appoint one expert within 2 (two) weeks. The thus appointed experts
will, within 2 (two) weeks after their appointment, jointly appoint a
third expert. The 3 (three) experts will determine the lease price
within 1 (one) month after the appointment of the third expert.
11.4 In the case lessee and lessor agree that 1 (one) expert will suffice
and the appointment of this one expert has been agreed to in writing,
this one expert will obligatorily determine the lease price contrary
to the aforementioned stipulations.
11.5 When it becomes apparent that the expert has not been appointed within
the stipulated period or that the experts have not determined the
lease price within the stipulated period then the subsequent party can
apply to the subdistrict court, within whose jurisdiction the leased
space is located, to determine the revision of the lease price.
11.6 The expert(s) or the subdistrict court will also determine which party
will have to pay for the costs of the procedure.
11.7 The lease price that is determined in accordance with the stipulations
in this Article will be indexed and adjusted yearly in accordance with
Article 4.3.
General Conditions - Changes
12. Concerning the General Conditions according to the model decided upon
by the Raad voor Onroerende Zaken (Council for Real Estate Matters)
not subject to section 7A:1624 of the Dutch Civil Code, parties will
differ from the following stipulations:
2.10.l.b is changed as follows: "to burden the floors of the leased space and
of the building or complex of which the leased space forms a part,
more than agreed as in Article 1.4 of this lease agreement".
2.10.2 after the word "Lessor" in the first sentence will be added: "which
permission will not be withheld on unreasonable grounds:".
2.10.2.c after the word "obliged to" in the last sentence will be added: "or
entitled to".
2.10.5 at the end of the last sentence will be added: "except and as far as
this is caused through the actions or omissions of the Lessor.
8.5 this Article is deleted.
10 as from ".....even if this work last longer" the rest of the text is
deleted.
11.3 after the last sentence will be added: "prior to the mentioned actions
Lessor will consult with Lessee. In carrying out the mentioned actions
Lessor will take into account the interest of Lessee in the loss of
peaceful enjoyment of the premises.
14.1 the last sentence of this Article is deleted.
17.1 the last sentence will be changed as follows: "the date of the rent
indexation will be altered accordingly.
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Initials lessor: Initials lessee:
Drawn up and signed in duplicate in ______________________ on April 28, 2000.
LESSOR; LESSEE:
GIP AIRPORT B.V. EQUINIX, INC.
R.A. Nederlof _____________________
Appendix:
1 General Conditions;
2 Schedule of alterations Equinix dated April 14, 2000;
3 List of measurement by AeQO Property Support dated December 1, 1999;
4 Drawings:
WE250f;
WE251d;
WE252d;
WE253c;
WE254e;
WE255f;
WE256c;
5 Bank guarantee;
6 Request and statement with respect to taxed rent;
7 Table of contents specifications dated December 1, 1999, number 372-2;
8 Preliminary soil survey [*] Schiphol-Rijk dated November 5, 1999
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*CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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Initials lessor: Initials lessee: