THIS SUBLEASING CONTRACT IS SIGNED, ON THE ONE HAND, BY INMOBILIARIA
LEFAM, S.A. REPRESENTED BY MR. SAMUEL LEVIN ARBEITMAN, WHO SHALL HENCEFORTH
BE REFERRED TO AS THE SUBLEASING TENANT AND, ON THE OTHER, BY AARICA
SERVICES, S.A. DE C.V. WHO SHALL BE REFERRED TO AS THE SUBTENANT AND, IN
ITS CAPACITY AS GUARANTOR, TAIMEX INDUSTRIES S.A. DE C.V., BOTH REPRESENTED
BY MR. CAROL JUAN KOLOZS FISCHER IN HIS CAPACITY AS THEIR CHAIRMAN.
DECLARATIONS
1. THE SUBLEASING TENANT DECLARES THAT HE DISPOSES OF THE CONSENT OF THE
LEASING PARTY, IN ACCORDANCE WITH A WRITTEN STATEMENT PROVIDED AS AN
APPENDIX, TO SUBLET THE PROPERTY MARKED WITH THE NUMBER 156 OF THE STREETS
OF LAGO CHALCO, COLONIA ANAHUAC OF THIS CITY AND THAT IT IS HIS INTENTION
TO SUBLET IT TO AARICA SERVICES, S.A. DE C.V.
2. THAT HE DISPOSES OF THE REQUIRED FACULTIES, IN HIS CAPACITY AS SOLE
ADMINISTRATOR IN ACCORDANCE WITH WRIT NUMBER 20,812, DATED OCTOBER 15,
1980, ISSUED BEFORE MR. FRANCISCO DE ICAZA DUFOUR, NOTARY PUBLIC NUMBER 111
OF MEXICO CITY, INSCRIBED IN ACCORDANCE WITH THE CHANGE OF ADDRESS GRANTED
IN PUBLIC WRIT NUMBER 22,712 DATED NOVEMBER 23, 1983, BEFORE THE SAME
NOTARY PUBLIC AS ABOVE IN MERCANTILE FOLIO NUMBER 70,791 DATED JULY 17,
1984 IN THE PUBLIC REGISTER OF COMMERCE OF MEXICO CITY.
3. THE SUBTENANT DECLARES, VIA ITS REPRESENTATIVE, THAT IT DISPOSES OF ALL THE
FACULTIES REQUIRED TO OBLIGE THE PARTY HE REPRESENTS TO COMPLY WITH THE
TERMS AND CONDITIONS OF THIS CONTRACT, AS STATED IN THE COPY OF THE
DOCUMENT PROVIDED AS AN APPENDIX.
4. THAT THE PARTY HE REPRESENTS IS A MEXICAN COMPANY CONSTITUTED IN COMPLIANCE
WITH MEXICAN LAW, AS STATED IN THE DOCUMENT PROVIDED AS AN APPENDIX, AND
THAT ITS OBJECTIVE, AMONG OTHERS, IS TO CARRY OUT ALL KINDS OF COMMERCIAL
OPERATIONS AS WELL AS TO SIGN CONTRACTS.
5. THAT HE WISHES TO SUBLET THE PROPERTY DESCRIBED IN THE FIRST DECLARATION OF
THIS CONTRACT WITH THE AIM OF INSTALLING INSIDE IT A WAREHOUSE FOR
FOOTWEAR, SPORTS CLOTHING AND ITS DISTRIBUTION AND ANY OTHER ACTIVITY
RELATED TO ITS COMMERCIAL OBJECTIVES OR PERMITTED BY LAW.
6. BASED ON THE ABOVE DECLARATIONS, THE PARTIES AGREE TO MAKE THIS
CONTRACT SUBJECT TO THE FOLLOWING CLAUSES.
CLAUSES
OBJECTIVE
1.- THE SUBLEASING TENANT INMOBILIARIA LEFAM, S.A. DE C.V. SUBLETS TO
THE SUBTENANT AARICA SERVICES S.A. DE C.V. AND THE LATTER ACCEPTS THE
TEMPORARY USE AND BENEFIT OF THE PROPERTY MARKED WITH THE NUMBER 156, OF
LAGO CHALCO STREET, COLONIA ANAHUAC OF THIS CITY.
DURATION.
SECOND. THE PERIOD OF EFFECT OF THIS SUBLEASING CONTRACT SHALL BE SIX OBLIGATORY
YEARS FOR BOTH PARTIES STARTING AS FROM OCTOBER 1, 1999, AND LASTING UNTIL
SEPTEMBER 30, 2005. ONCE THIS PERIOD HAS ELAPSED THE SUBTENANT SHALL HAVE THE
OPTION OF RENEWING THIS CONTRACT FOR A FURTHER YEAR OR MORE, IF THIS IS TO THE
BENEFIT OF ITS INTERESTS FOLLOWING PRIOR AGREEMENT ON THE RENT THAT SHALL BE
STIPULATED TO THIS END AND TAKING INTO ACCOUNT THAT ANY INCREASE SHOULD BE BASED
ON THE NATIONAL CONSUMER PRICE INDEX ISSUED BY THE BANK OF MEXICO IN THE
PREVIOUS YEAR.
IF THE SUBTENANT WISHES TO EXTEND THIS CONTRACT, IT SHOULD NOTIFY THE SUBLEASING
TENANT THIRTY DAYS IN ADVANCE.
PRICE
THIRD.- THE SUBTENANT SHALL PAY THE SUBLEASING TENANT THE SUM OF $66,000.00
(SIXTY-SIX THOUSAND MEXICAN PESOS AND ZERO CENTS) PLUS I.V.A. BETWEEN OCTOBER 1,
1999, AND SEPTEMBER 30, 2000; THE SUM OF $80,000.00 (EIGHTY THOUSAND MEXICAN
PESOS AND ZERO CENTS) PLUS I.V.A. BETWEEN OCTOBER 1, 2000, AND SEPTEMBER 30,
2001; THE SUM OF $80,000.00 (EIGHTY THOUSAND MEXICAN PESOS AND ZERO CENTS) PLUS
I.V.A. BETWEEN OCTOBER 1, 2001, AND SEPTEMBER 30, 2002, PLUS INFLATION IN
ACCORDANCE WITH THE NATIONAL CONSUMER PRICE INDEX ISSUED BY THE BANK OF MEXICO
IN THE PREVIOUS YEAR; FROM OCTOBER 1, 2002, AND SEPTEMBER 30, 2003, IT WILL PAY
THE SAME SUM AS THE PREVIOUS YEAR PLUS I.V.A. PLUS INFLATION AS SPECIFIED IN THE
NATIONAL CONSUMER PRICE INDEX ISSUED BY THE BANK OF MEXICO IN THE PREVIOUS YEAR
AND SO ON AND SO FORTH UNTIL THE CONTRACT EXPIRES.
THE STIPULATED RENT SHALL BE PAID WITHIN THE FIRST FIVE DAYS OF EACH MONTH AT
THE OFFICES OF THE SUBLEASING TENANT LOCATED AT PRADO SUR 146, PLANTA ALTA,
COLONIA LOMAS DE CHAPULTEPEC, C.P. 11000 IN THIS CITY.
THE RENT SHALL BE PAID IN FULL, DURING THE PERIOD OF EFFECT OF THIS CONTRACT,
EVEN IF THE SUBTENANT MOVES OUT OF THE PROPERTY BEFORE THE CONTRACT EXPIRES AND
UNTIL IT DELIVERS THE PROPERTY, THAT IS THE OBJECT OF THIS CONTRACT, IN
COMPLIANCE WITH THE PROVISIONS OF ARTICLE 2,429 OF THE CIVIL CODE FOR MEXICO
CITY, AND SHALL NOT BE ABLE TO HOLD ON TO IT, OTHER THAN BY MANDATE OF THE
JUDICIAL AUTHORITIES.
THE SUBTENANT SHALL NOT BE ABLE TO WITHHOLD OR DELAY THE PUNCTUAL PAYMENT OF THE
RENT UNDER ANY JUDICIAL OR NON-JUDICIAL TITLE, NOR DUE TO A LACK OF REPAIR WORK
THAT SHOULD BE CARRIED OUT BY THE SUBLEASING TENANT, BUT SHALL PAY IT IN FULL
AND ON THE SPECIFIED DATE AT THE PREMISES INDICATED IN THIS CLAUSE, AND THE
SUBTENANT SHALL RENOUNCE THE BENEFITS ARISING FROM ARTICLES 2412, 2413, 2414 AND
2490 OF THE AFOREMENTIONED LEGAL INSTRUMENTS.
PURCHASE OPTION
FOURTH.- THE SUBLEASING TENANT SHALL RESPECT THE SUBTENANT'S OPTION TO PURCHASE
THE PROPERTY GRANTED BY ITS OWNER, CONSTRUCTORA E INMOBILIARIA LESA S.A. DE
C.V., THROUGHOUT THE WHOLE PERIOD OF EFFECT OF THIS LEASING CONTRACT, SETTING AS
A BASE THE SUM OF $1,000,000.00 USD (ONE MILLION US DOLLARS).
PENALTY FOR FAILURE TO LEAVE THE PROPERTY AND THE SIGNING OF A NEW CONTRACT
- ---------------------------------------------------------------------------
FIFTH.- IF AT THE END OF THIS CONTRACT, OR OF ANY EXTENSIONS THAT MAY HAVE BEEN
GRANTED, THE SUBTENANT, FOR THIS OR ANY OTHER REASON, FAILS TO LEAVE THE LEASED
PROPERTY, THE RENT IT SHALL PAY DURING THE FOLLOWING YEAR SHALL BE DOUBLE THE
RENT IT PAID DURING THE PREVIOUS YEAR.
SHOULD THIS SITUATION CONTINUE AFTER A PERIOD OF TWELVE MONTHS, THE RENT THAT IT
SHALL PAY SHALL BE DOUBLE THE RENT IT PAID DURING THE PREVIOUS YEAR AND SO ON
AND SO FORTH. THIS CLAUSE SHALL NOT TAKE EFFECT IF A NEW CONTRACT IS SIGNED.
TAXES, RIGHTS, SERVICES AND OPERATIONS
SIXTH.- THE SUBTENANT PLEDGES TO PAY FOR AND CONTRACT, ON ITS OWN ACCOUNT AND AT
ITS OWN LIABILITY, ANY ELECTRIC POWER REQUIRED FOR ITS ACTIVITIES, AND IT SHALL
ALSO BE RESPONSIBLE FOR COVERING ANY PAYMENTS GENERATED BY THE CONSUMPTION OF
WATER, ELECTRICITY, TELEPHONES, ETC. AND SHOULD PROVIDE COPIES OF PROOF OF
PAYMENT FOR THESE SERVICES EVERY TWO MONTHS OR WHENEVER REQUIRED BY THE
SUBLEASING TENANT.
ALSO, ANY REPAIR WORK REQUIRED IN ORDER TO MAINTAIN THE PROPERTY IN PERFECT
CONDITION AND OPERATING PERFECTLY SHALL BE COVERED BY THE SUBTENANT UP TO A
MAXIMUM SUM OF $3,000 USD (THREE THOUSAND US DOLLARS) PER YEAR OR ITS EQUIVALENT
IN MEXICAN PESOS, SO LONG AS THIS REPAIR WORK IS NOT THE RESULT OF HIDDEN
DEFECTS OR THE CONSEQUENCES OF FORCE MAJEUR.
ANY PROPERTY TAX GENERATED BY THE PROPERTY THAT IS THE OBJECT OF THIS CONTRACT
SHALL BE THE RESPONSIBILITY OF THE SUBLEASING TENANT.
USE OF THE LEASED PROPERTY
SEVENTH.- THE SUBTENANT PLEDGES TO USE THE SUBLEASED PROPERTY TO INSTALL A
WAREHOUSE FOR CLOTHING, ITS DISTRIBUTION AND ANY OTHER ACTIVITY RELATED TO ITS
COMMERCIAL OBJECTIVE OR PERMITTED BY LAW.
IT IS EXPRESSLY FORBIDDEN FOR THE SUBTENANT TO SUBLEASE PART OR ALL OF THE
SUBLEASED PROPERTY, AS WELL AS TO YIELD OR TRANSFER, IN ANY WAY, ANY OF THE
RIGHTS ARISING FROM THIS CONTRACT, WITHOUT THE PRIOR CONSENT IN WRITING FROM THE
SUBLEASING TENANT. THE SUBLEASING TENANT MAY RESERVE THE RIGHT TO GRANT THIS
AUTHORIZATION IF IT IS TO THE BENEFIT OF ITS INTERESTS, AND THE SUBTENANT SHALL
NOT REQUIRE SUCH AUTHORIZATION TO SUBLET THE PROPERTY TO SUBSIDIARIES. IN THIS
CASE, IT SHALL ONLY BE NECESSARY TO NOTIFY THE SUBLEASING TENANT, BUT THE
OBLIGATION OF THE SUBTENANT SHALL REMAIN AS A JOINT OBLIGATION.
SHOULD THE SUBTENANT FAIL TO COMPLY WITH THIS CLAUSE, REGARDLESS OF WHETHER OR
NOT IT PAYS THE SUBLEASING TENANT FOR ANY DAMAGE OR DETRIMENT THAT MAY BE
CAUSED, IT SHALL PAY DOUBLE THE RENT THAT IT HAD BEEN PAYING AT THE MOMENT OF
SUBLEASING.
WORK AND IMPROVEMENTS TO THE PROPERTY
EIGHTH.- IN ORDER TO ENSURE THAT THE SUBLEASED PROPERTY COMPLIES WITH ALL THE
AREA REQUIREMENTS FOR CARRYING OUT THE INDUSTRIAL, COMMERCIAL AND ADMINISTRATIVE
ACTIVITIES THAT ARE MENTIONED, BUT NOT RESTRICTED TO, THE ABOVE CLAUSE, THE
SUBLEASING TENANT EXPRESSLY AUTHORIZES THE SUBTENANT TO CARRY OUT ANY
ADAPTATIONS, INSTALLATIONS AND ADJUSTMENTS WITHIN THE PROPERTY THAT MAY BE
NECESSARY FOR SUCH PURPOSES.
THE AUTHORIZATION MENTIONED IN THE ABOVE PARAGRAPH SHALL REMAIN SUBJECT TO THE
CONDITION THAT NO MODIFICATIONS SHALL BE CARRIED OUT THAT COULD AFFECT THE BASIC
STRUCTURE OF THE INSTALLATIONS THAT HAVE BEEN CARRIED OUT UP TO THE DATE OF
DELIVERY. IN ANY CASE, ANY MODIFICATIONS OR ADAPTATIONS THAT MAY BE CARRIED OUT
TO THE PROPERTY SHALL NOT DAMAGE ITS INFRASTRUCTURE, SUCH AS CEMENT, SUPPORT
WALLS, ETC.
ANY IMPROVEMENTS MADE TO THE PROPERTY SHALL BE TO THE BENEFIT OF THE LATTER, AT
NO COST TO THE SUBLEASING TENANT.
THE SUBTENANT EXPRESSLY RECOGNIZES THAT THE PROPERTY THAT IS THE SUBJECT OF THIS
CONTRACT IS RECEIVED TO ITS FULL SATISFACTION, IN A PERFECT STATE OF
PRESERVATION AND CLEANLINESS, WITH THE SANITARY INSTALLATIONS (DRAINAGE AND
DRINKING WATER), WATER, ELECTRIC POWER COMPLETE AND IN NORMAL CONDITIONS OF
SERVICE, AND PLEDGES TO CONSERVE THEM IN THE SAME CONDITION, CARRYING OUT, AT
ITS OWN EXPENSE, ANY REPAIR WORK GENERATED IN THE SERVICES MENTIONED IN THIS
PARAGRAPH UNTIL THE PROPERTY IS RETURNED WITH ONLY THE NATURAL DETERIORATION
CAUSED BY PROPER USE. THE SAME SHALL APPLY TO THE TELEPHONE LINES, WHICH SHOULD
BE MAINTAINED WITHOUT ANY ARREARS WHATSOEVER. THIS REPAIR WORK SHALL BE CARRIED
OUT AT THE EXPENSE OF THE SUBTENANT, AS LONG AS THEY ARE NOT THE RESULT OF
HIDDEN DEFECTS OR METEOROLOGICAL CONDITIONS.
INSURANCE
NINTH.- THE SUBTENANT PLEDGES TO TAKE OUT AN INSURANCE POLICY OF $800,000.00 USD
(EIGHT HUNDRED THOUSAND US DOLLARS) TO COVER THE PROPERTY AGAINST FIRE AND
EXPLOSIONS. IT SHALL ALSO BE RESPONSIBLE FOR INSURING EVERYTHING THAT BELONGS TO
IT WITHIN THE PROPERTY WITH NO LIABILITY CORRESPONDING TO THE SUBLEASING TENANT.
THIS INSURANCE POLICY SHOULD CONTAIN A CLAUSE THAT ENSURES THAT THE VALUES ARE
KEPT UPDATED DURING THE PERIOD OF EFFECT OF THE CONTRACT, WITH THE SUBTENANT
PLEDGING TO PROVIDE THE SUBLEASING TENANT WITH AN ORIGINAL COPY OF THE INITIAL
POLICY AND OF EACH RENEWAL AS SOON AS IT IS RECEIVED FROM THE INSURANCE COMPANY,
WITHIN A MAXIMUM PERIOD OF THIRTY DAYS.
ANNUAL INCREASES IN THESE INSURANCE POLICIES SHALL BE BASED ON THE INFLATION
PERCENTAGE DETERMINED BY THE BANK OF MEXICO PUBLISHED IN THE OFFICIAL GAZETTE OF
THE FEDERATION UNDER THE TITLE OF NATURAL CONSUMER PRICE INDEX COMPARED WITH THE
PREVIOUS CALENDAR YEAR.
THE BENEFICIARY OF THIS POLICY SHOULD BE SPECIFIED AS CONSTRUCTORA E
INMOBILIARIA LESA S.A. DE C.V. IN ITS CAPACITY AS OWNER OF THE PROPERTY.
GUARANTOR
TENTH.- TAIMEX INDUSTRIES S.A. DE C.V., WHICH GIVES AS ITS ADDRESS THE STREETS
OF LAGO CHALCO, NUMBER 156, COLONIA ANAHUAC OF THIS CITY, SIGNS THIS CONTRACT AS
THE GUARANTOR OF COMPLIANCE WITH THIS CONTRACT, MAKING ITSELF MUTUALLY
RESPONSIBLE FOR THE OBLIGATIONS OF AARICA SERVICES S.A. DE C.V. UNTIL THE DATE
ON WHICH THE PROPERTY IS RECEIVED ACCORDINGLY BY THE SUBLEASING TENANT,
RENOUNCING THE BENEFITS OF ORDER AND EXEMPTION SPECIFIED BY THE RELEVANT LEGAL
INSTRUMENTS.
GUARANTEE DEPOSITS
ELEVENTH.- IN ORDER TO GUARANTEE THE PAYMENT OF ANY POSSIBLE DAMAGE THAT MAY BE
CAUSED TO THE PROPERTY, AS WELL AS ITS MAINTENANCE AND THE PAYMENT OF SERVICES
SUCH AS ELECTRICITY, TELEPHONE AND WATER, THE SUBTENANT SHALL PROVIDE A DEPOSIT
OF ONE MONTH'S RENT, WHICH SHOULD BE UPDATED EVERY YEAR IN ACCORDANCE WITH THE
LEVEL OF RENT BEING PAID.
THIS DEPOSIT SHALL NOT GENERATE ANY INTEREST TO THE BENEFIT OF THE SUBTENANT,
WHO, IN THIS CONTRACT, EXPRESSLY AUTHORIZES THE SUBLEASING TENANT TO DISCOUNT
ANY AMOUNTS REQUIRED IN ORDER TO COVER THE AMOUNT OF DEBT AT THE LIABILITY OF
THE SUBTENANT IN ACCORDANCE WITH THIS CONTRACT OR FOR ANY DAMAGES CAUSED TO THE
PROPERTY THAT ARE NOT THE RESULT OF ITS NORMAL USE.
SHOULD THE SUBTENANT LEAVE THE PROPERTY IN CONDITIONS THAT WOULD MAKE IT
NECESSARY TO CARRY OUT REPAIR WORK FOR THE INCORRECT USE OF THE LATTER, THE
FORMER SHALL BE OBLIGED TO REPAIR THE PROPERTY WITHIN A MAXIMUM PERIOD OF THIRTY
CALENDAR DAYS OR TO PROVIDE THE SUBLEASING TENANT WITH THE SUM FOR THE REPAIR
WORK, FOLLOWING AN ASSESSMENT MADE OF THIS WORK, WITH THE SUBTENANT AUTHORIZING
THE SUBLEASING TENANT TO RETAIN THE AMOUNT OF THE DEPOSIT PROVIDED TO GUARANTEE
SUCH REPAIR WORK, AS LONG AS THE DAMAGE IS VISIBLE, FOR EXAMPLE BROKEN WINDOWS,
SHOWERS, PIPING, ETC., AND PROVIDING THE REST IN THE EVENT OF THE SUM GENERATED
BY THE REPAIR WORK BEING MORE THAN THE DEPOSIT. THE SUBLEASING TENANT SHOULD
ALSO PROVIDE THE SUBTENANT WITH THE REMAINDER OF THE MONTH'S DEPOSIT RECEIVED IF
THE REPAIR WORK COMES TO LESS THAN THE DEPOSIT.
STRIKES OR CLOSURES
TWELFTH.- SHOULD THE WORK CARRIED OUT IN THE LEASED PROPERTY BE SUSPENDED AS A
RESULT OF STRIKES, CLOSURES, ACCIDENTS OR OTHER OCCURRENCES, THE SUBTENANT
PLEDGES, IN WHICHEVER WAY POSSIBLE, TO PAY THE RENT AND THE OTHER CHARGES
SPECIFIED IN THIS CONTRACT ON TIME AND FOR THE WHOLE PERIOD DURING WHICH THIS
SITUATION LASTS AND IN ACCORDANCE WITH THE PRICES AND CONDITIONS SPECIFIED IN
THIS CONTRACT.
SUBTENANT'S RESPONSIBILITY
THIRTEENTH.- THE SUBTENANT IS RESPONSIBLE FOR OBTAINING FROM THE RELEVANT
AUTHORITIES, AT ITS OWN COST AND RISK, ALL THE LICENSES, PERMITS AND
AUTHORIZATIONS REQUIRED FOR OCCUPYING THE PROPERTY FOR WHICHEVER USE MAY BE MADE
OF IT, AND THE SUBLEASING TENANT SHOULD HELP THE SUBTENANT TO ACHIEVE SUCH
OBJECTIVES.
NON-COMPLIANCE
FOURTEENTH.- THE PARTIES AGREE THAT FAILURE TO PROVIDE TWO OR MORE MONTHLY
PAYMENTS, AS WELL AS THE NON-COMPLIANCE BY THE PARTIES WITH ANY OF THE
OBLIGATIONS TAKEN ON IN ACCORDANCE WITH THIS CONTRACT, SHALL BE CAUSE FOR
CANCELLATION AND THE GUILTY PARTY SHALL BE LIABLE FOR ANY DAMAGES AND DETRIMENT
THAT THIS MAY CAUSE.
CANCELLATION OR TERMINATION IN ADVANCE AND CONVENTIONAL PENALTIES FIFTEENTH.-
SHOULD THE SUBTENANT DECIDE TO CANCEL OR TERMINATE THIS CONTRACT BEFORE IT
EXPIRES, IT SHALL PAY THE SUBLEASING TENANT, IN COMPENSATION AND CONVENTIONAL
PENALTIES, AN AMOUNT EQUIVALENT TO 50% (FIFTY PER CENT) OF THE SUM OF THE RENT
FOR THE REMAINING MONTHS. UNTIL THIS AMOUNT IS PAID, THE PROVISIONS OF THIS
CONTRACT SHALL CONTINUE TO BE IN EFFECT.
ARREARS
SIXTEENTH.- IN THE EVENT OF ARREARS IN THE PAYMENT OF THE RENT, THE SUBTENANT
SHALL PROVIDE THE SUBLEASING TENANT WITH ARREARS INTEREST PAYMENTS OF 5% (FIVE
PER CENT) PER MONTH OF THE RENT NOT COVERED DURING THE FIRST FIVE DAYS OF EACH
MONTH. THE INTEREST SHALL BE CALCULATED FROM THE DATE ON WHICH THE ARREARS BEGAN
UNTIL THE DATE ON WHICH THE PAYMENT WAS MADE. THE ARREARS INTEREST REFERRED TO
IN THIS CLAUSE SHOULD BE COVERED ALONG WITH THE MAIN OBLIGATION.
TERMINATION
SEVENTEENTH.- IN ORDER TO TERMINATE THIS CONTRACT, WHATEVER THE REASON FOR THIS
MAY BE, THE SUBTENANT PLEDGES TO PRESENT ITSELF AT THE PREMISES OF THE
SUBLEASING TENANT OR THAT OF ITS REPRESENTATIVE FOR COLLECTING THE SIGNATURES
AND THE CORRESPONDING END OF CONTRACT PAYMENT CERTIFICATE, OTHERWISE THE
PROVISIONS OF THE CONTRACT SHALL CONTINUE TO APPLY.
ALSO, THE SUBTENANT PLEDGES TO PROVIDE THE SUBLEASING TENANT, THE MOMENT IT
LEAVES THE PROPERTY, WITH THE CONTRACT TERMINATION OR THE FINAL PAYMENT FOR
ELECTRIC POWER UP UNTIL THE MOMENT IT DELIVERS THE SUBLEASED PROPERTY, PLEDGING
TO PAY ANY DEBT THAT IT MAY INCUR OR HAVE INCURRED IN WITH THE COMPANY LUZ Y
FUERZA DEL CENTRO S.A., TELEFONOS DE MEXICO S.A. DE C.V., THE CONSUMPTION OF
WATER AND MAINTENANCE FEES, SHOULD THERE BE ANY.
INTERPRETATION AND FULFILLMENT
EIGHTEENTH.- FOR ALL MATTERS RELATING TO THE INTERPRETATION AND FULFILLMENT OF
THIS CONTRACT, THE PARTIES EXPRESSLY SUBMIT THEMSELVES TO THE JURISDICTION OF
THE COMPETENT COURTS OF MEXICO CITY, RENOUNCING ANY PRIVILEGES THAT THEY MAY
ENJOY AS A RESULT OF THEIR PRESENT OR FUTURE ADDRESSES.
THE PARTIES ARE AWARE OF THE SCOPE AND EFFECTS OF THIS CONTRACT, AND SIGN IT IN
QUADRUPLICATE IN MEXICO CITY ON OCTOBER 31, 1999.
- --------------------------------------------------------------------------------
THE SUBLEASING TENANT THE SUBTENANT
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
INMOBILIARIA LEFAM S.A. DE C.V. AARICA SERVICES S.A. DE C.V.
REPRESENTED BY REPRESENTED BY
MR. SAMUEL LEVIN ARBEITMAN MR. CAROL JUAN KOLOZS FISCHER
- --------------------------------------------------------------------------------
GUARANTOR
TAIMEX INDUSTRIES S.A. DE C.V.
MR. CAROL JUAN KOLOZS FISCHER