Raporty

46/2014 Concluding the space lease agreement for the purposes of activities in the area of health care and aesthetic medicine

The Management Board of Centrum Medyczne ENEL-MED Spółka Akcyjna (hereinafter: Company) would like to inform you about the agreement signed on 10 July 2014 by and between the Company and Union Investment Real Estate GmbH, with its registered office in Hamburg (hereinafter: Landlord) to lease the space in the building located at 12 Bielańska St. in Warsaw, and 6 parking lots. The space will be leased for the purposes of activities in the area of health care and aesthetic medicine.

The lease agreement was concluded for a definite term of 120 months. The lease term shall start 14 days after the day of issuing the space leased.

Rent payments are set in the agreement in EUR. Rent payments will be made in the amount being the PLN equivalent of rent set in EUR, calculated based on the last average EUR/PLN exchange rate announced by the National Bank of Poland on the day directly preceding the day of issuing the invoice by the Landlord. The Company shall pay advances on the account of service charges and service charges in PLN.

The total value of rent payments (determined based on the average exchange rate announced by the National Bank of Poland, binding for EUR as at the day of concluding the agreement, i.e. PLN 4,1341) and service charges during the term of the agreement will be about PLN 5,646,662.09 gross. Rent payments will be subject to indexation.

The agreement also includes performing finishing works with respect to the space by the Landlord. The Company shall be obliged to pay PLN 730,099.52 net for carrying out finishing works.

The agreement provides for the following liquidated damages:

– In the case of delay in issuing the lease subject due to fault of the Landlord, the Landlord shall be obliged to pay the Company liquidated damages of 1/30 of the rent for each day of delay in issuing the lease subject. In such case, the Company shall be entitled to calculate liquidated damages from the first day of delay to the day of withdrawal from the agreement by any of the Parties or if the Parties do not withdraw from the agreement – to the day of actual issuing the lease subject. The agreement does not provide for the Company’s right to request supplemental damages.

– If the Company does not leave the space, storage space and/or parking lost subject to the lease until the expiry day of the agreement or early termination day, the Company shall be obliged to pay liquidated damages of 200% of the daily rent, rent for storage space and the rent for parking lots (calculated based on the rent, rent for storage space and rent for parking lots due for the particular month directly preceding the month of termination or expiration). The liquidated damages set in the agreement shall not exclude the right to claim supplemental damages.

– In the case of the Company ceasing carrying out business activities in the space leased for a period of more than 30 working days in total during the particular calendar year, the Company shall be obliged to pay the Landlord liquidated damages of 1/30 of the rent for each day of non-carrying out business activities on the space, unless such break is due to fault of the Landlord. The agreement does not provide for the Company’s right to request supplemental damages.

The agreement has been recognised as a significant one, since its value exceeds 10% of the equity of the Company.