Legal information
Rental Asset Management Terms and Conditions
Scope of the contract:
These terms and conditions apply exclusively to products and services in which CLIKALIA MANAGEMENT
SERVICES SLU, with CIF B56917008, acts as an intermediary by virtue of a specific mandate with the callsign CLIKALIA ASSET MANAGEMENT ALQUILER in which CLIKALIA MANAGEMENT SERVICES SLU acts, not as
owner, but by virtue of a mandate/assignment for the management of the sale of the respective property, (hereinafter CLIKALIA ASSET MANAGEMENT RENTAL) that will be provided to the Client related to the purchase and sale of real estate and are aimed at an audience over 18 years of age.
These terms and conditions shall also apply to services provided by other companies of the CLIKALIA group related to the products and services of CLIKALIA ASSET MANAGEMENT ALQUILER, without prejudice to the additional terms and conditions applicable to these services that must be agreed between the CLIENT and the corresponding company.
General and object of the contract:
clikalia.es is the website of the companies that make up the CLIKALIA group with registered office at Calle Álvarez de Baena, 2, Madrid Postal Code 28006.
Please read the terms and conditions of the service carefully to be informed of the rights and obligations of users of the service offered by this means. The validity of these terms and conditions will be recognized in a binding manner by the user at the time he or she decides to use the service.
By using our services, you agree to these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time and without the need to inform you of the reason.
Our website allows users to enter certain information about a property in order for the user to rent that property. The properties offered for lease under the callsign CLIKALIA ASSET MANAGEMENT ALQUILER are owned by a third party who has been granted a mandate or commission to CLIKALIA for the marketing and, where appropriate, the management of the lease.
Different types of rentals appear on our website:
Users, through our website, must submit the necessary documentation for the validation of the eventual tenant. Validation consists of a process to determine the economic and financial capacity of the interested user according to the internal criteria of the CLIKALIA group or the third party owner of the property and the information requested and thus transferred by the user will be processed solely and exclusively for this purpose, and for the drafting and execution of the eventual lease contract.
The user is responsible for the veracity of the information provided to CLIKALIA.
The request for the lease by the user, regardless of the data and documents transferred by the user to CLIKALIA for validation, implies acceptance of the terms and conditions of the rental contract indicated below. Likewise, it implies the acceptance of these terms and conditions, users accept and understand that in the event that action is necessary to carry out the order, mandate or contract and the fulfillment of the obligations derived from it, CLIKALIA, as the case may be, may carry out the necessary actions for this by invoicing the respective costs to the other party/and/or user, that they are legally in their position.
Regardless of the validation and its result, CLIKALIA or, where applicable, the third party owner of the property is not obliged to grant or sign the lease agreement with any user.
Once the acceptance of the tenant(s) has been communicated by CLIKALIA, the user will receive the lease agreement at the email address indicated for digital signature. If after 24 hours after the contract has been sent, it is not signed by the interested party, the consequence described in the section entitled "cancellation of the reservation for reasons attributable to the user" will be applied.
If you would like more information about the process described here regarding the lease of any of our properties, you can send an email to documentacion.alquiler@clikalia.com and we will contact you as soon as possible.
Rental reservation
When making the reservation for the rental of a specific apartment, the user will hand over the amount of €200 as a reservation. The payment method of the reservation will be charged to the credit card through the gateway enabled on the website, which may redirect you to Internet payment processing platforms.
Once the result of the economic feasibility study is obtained, which aims to analyse the user's solvency for the payment of the monthly rent of the lease, the user may be informed:
1. That the offer is denied or cancelled because the client does not meet the necessary viability requirements, and that the amount delivered as a reservation will be refunded, without CLIKALIA acquiring any type of responsibility, within the deadlines that will be described below.
2nd. That the offer is accepted because the user has provided all the necessary documentation for the economic feasibility study and meets the necessary viability requirements, in which case the amount paid when formalising the booking (€200) will be deducted from the income of the current month or from the income corresponding to the immediately following monthly payment.
3rd. That additional documentation is required for the study of its viability or for some special circumstance.
Refusal of the offer by CLIKALIA
In those cases in which the user's offer has been denied, after having carried out the corresponding economic feasibility study, CLIKALIA will refund the amount paid when formalising the booking within a maximum period of 30 calendar days from the day following the day on which the rejection of your offer has been definitively communicated by email sent for this purpose.
Cancellation of the booking for reasons attributable to the user
In addition to what is described in the previous section, when the user has correctly reserved a property for rent, he/she will have a maximum period of 24 hours to submit all the information and documentation necessary for the economic feasibility study by CLIKALIA, after this period if he/she has not sent it, he/she will be considered to have withdrawn from the offer and CLIKALIA will have the right not to make a refund of the amount delivered by CLIKALIA. the user when formalizing the reservation, the user losing this amount.
On the other hand, if the user sends the documentation for the economic feasibility study, but it is insufficient, CLIKALIA will require him to provide, within a maximum period of 24 hours from the sending of the communication of additional information, the necessary documentation to be able to carry out the corresponding study of his offer. If it is not provided within the period indicated, the consequence of the previous paragraph will apply. In the event that the user provides CLIKALIA with the additional documentation required, the study of its offer will continue.
Finally, in the event that CLIKALIA notifies the user by email that the result of the economic feasibility study is favourable and the contract, together with its corresponding annexes, is sent for digital signature, the user will have a maximum period of 24 hours to formalise the digital signature. In the event that the user does not digitally sign the rental contract within the 24-hour period granted for this purpose, they will lose the amount paid at the time the reservation was formalized.
Terms and conditions of the rental agreement:
The lease agreement shall state:
1. If the lessee or lessee is made up of several people, all of them will be jointly and severally liable for their obligations arising from the lease contract.
2nd. The rented property will be identified and, where appropriate, an inventory of the movable goods or appliances and furniture/belongings it contains and their condition will be incorporated. It may also be accompanied by a photographic report of said movable property.
3rd. The ownership of the rented property or its disposition for the lease will be identified. - As for the community expenses, the property will be delivered up to date with the payment of the fees of the Community of Owners, on the date of the contract.
"It should be added that the Lessor grants the Lessee for the duration of this contract for XXX (X) months, counting from the XX of XXXX of XXXX to the XX of XXXX of XXXXX, a discount on the amount of the monthly rent amounting to XXXX EUROS (XXX €), so that the Lessee will pay the Lessor the amount of XXXX EUROS (XXXX €), in each of these months. From the last month of the duration of the discount, the Lessee must pay the full monthly amount of the rent indicated above. If the lessee withdraws from the contract within the first SIX (6) months, he/she will lose the agreed bonus and must pay in full all the fees included in the discount"
"It should be added that the Lessor grants the Lessee the following grace periods or bonuses to be applied to the amount that the Lessee would have to pay for the following (or analogous) concepts and during the following period:
Concept | Date Ho me Bonus | Date E nd Bonus | % Bonus (0 or 100%) |
Community of Owners |
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IBI |
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Garbage Tax |
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From the last month of the duration of the discount, the Lessee must pay the monthly amount full of the corresponding amounts".
7th. For the execution of the lease contract, the lessee must sign the contract subject to the conditions indicated below, together with its annexes, and make to the lessor, and receive, the payments detailed in compliance with the economic conditions agreed in the aforementioned Annex I.
Consequently, once the contract signed by the lessee has been received, together with the effective payment into the bank account of the lessor of the amounts indicated above, the lessor will sign the contract, resulting in the perfection of the contract.
8th. Depending on the ownership of the property, it is possible that some of the clauses of the contracts include an alternative wording, in which case it will be indicated with an asterisk*.
The CLAUSES of the contract, unless expressly approved by the third party owner of the property due to economic or personal circumstances of the lessee, will be the following depending on whether the interested party is a natural person, a legal person or a legal person and the lease is intended to meet the housing needs of the administrator or an employee:
ANNEX I: RENTAL CONDITIONS FOR THE RENTAL OF A NATURAL PERSON'S HOME - CLIKALIA ASSET MANAGEMENT ALQUILER
FIRST: Applicable Regime |
| 1.1.- The lease contract is entered into under the provisions of Law 29/1994 of 24 November, on Urban Leases (hereinafter, LAU) and is imperatively subject to the provisions of Titles ONE and FOUR of said regulation (Title I (Scope of the Law, arts. 1 to 5) and Title IV (Common provisions, arts. 36 and 37). In addition, as it is a lease for residential use, it is governed by the agreements, clauses and conditions determined by the will of the Parties, within the framework of the provisions of Title II of the LAU (arts. 6 to 28), and, additionally, by the provisions of the Civil Code. |
SECOND: Object |
| 2.1.- The lessor leases the property to the lessee, who accepts it, as a certain body. In particular, the property is rented for use as a habitual residence, and it is not possible to develop or install in it, commerce, industry (especially activities for tourist use), not even manual, office or professional office, or other analogous or similar. The lessee declares that he has visited the property and known it, and accepts its extension, characteristics, condition and the common services he enjoys, the lessee deeming the property suitable for the agreed use.
2.2.- The lessee receives the keys to the property and free possession of it. In particular, the renter receives THREE (3) sets of keys on the Commencement Date, as defined in the contract.
2.3.- If the lessee requests from the lessor a copy or extra set of keys of the THREE (3) sets of keys that are delivered to him at the signing of the contract, he must pay the lessor, for each extra set of keys that he requests and the lessor delivers, the amount of FIFTY EUROS PLUS VAT (€ 50.00 + VAT).
Additionally, in the event of loss of any set of keys by the lessee, the lessee must communicate this circumstance to the lessor, due to the supervening need to change the lock/cylinder for obvious security reasons, which will be carried out by the lessor, by itself or through third parties, giving the lessee THREE (3) sets of keys to the new lock. The costs |
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THIRD: Destiny
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| 3.1.- The property must be used exclusively as the habitual and permanent residence of the lessee and, where appropriate, their family members, for all purposes of this contract.
Where appropriate, the garage space must be used exclusively for the parking of a single motor vehicle of the lessee or one of the family members who live with him or her and the storage room must be used exclusively for the storage of movable goods and belongings of legal belonging and trade of the lessee or the relatives who live with him.
Parties are not allowed in the rented property. Failure to comply with this obligation will entitle the lessor to terminate the contract, without prejudice to the corresponding liability for damages.
3.2.- The lessee undertakes to communicate in writing to the lessor the number of people who will live with him on a regular and permanent basis in the rented property.
3.3.- The lessee is directly and exclusively responsible for any damage that may be caused to people or things (including the property, the building in which it is located, and the furniture, facilities and equipment that are leased together with the property) and are a direct or indirect consequence of the use of the property (including ordinary use) by the lessee and other people who live with it. their guests or persons or animals that access the property, including damages arising from the handling and use of the facilities for services and supplies of the property or those in the building where it is located, the lessee being directly responsible, exempting the lessor from all liability.
3.4.- Without prejudice to the above, the lessee will be responsible for any damage, loss, breakdown or imperfection caused to the furniture (especially on those movable assets listed in Annex III), installations or equipment of the property whether due to ordinary use, misuse, negligence or willful misconduct of the lessee and other people who live with him or access the property invited by the lessee.
In this sense, the lessee undertakes to cover the cost of the damage, which will be the value of the damaged goods. It is agreed that, in order to determine the value of the goods, the market value of the same at the time of signing this contract and the depreciation by ordinary depreciation will be taken into account. Such depreciation will be calculated in accordance with the applicable tax and accounting standards, reflecting the loss of value of the assets due to wear and tear due to normal use and the passage of time.
3.5.- The tenant must respect (and make the people who live with or visit him respect) the current legislation and the rules of the Community of Owners of the building where the property is located, especially in terms of the use and enjoyment of the common elements and services, as well as in terms of peaceful coexistence in the Community and prohibited activities. |
FOURTH: Cession. Subletting and preemptive acquisition rights
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| 4.1.- The lessee knows and accepts that the lessor may assign in favour of a third party, directly or indirectly, its position as lessor, under the terms that are legally applicable.
4.2.- The lessee is expressly prohibited from subletting - even partial - of the property or any of its parts or elements and the assignment of the contract, as well as from keeping the property habitually unoccupied, without the prior written consent of the lessor.
In the event of unauthorised subletting, the lessor will have the right to require the lessee to pay a penalty equivalent to twice that received by the sublease for each monthly payment that the sublease remains in force. If the lessee refuses to report the amount received or, |
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| once informed, it is not credible in view of the information available to the lessor, the penalty will amount to a fixed amount equivalent to TWO (2) monthly rent payments per month until the end of the sublease. The aforementioned penalty is independent of the lessor's right to terminate the contract by non-consensual subletting or assignment and the compensatory rights set out in Clause 3 above.
4.3.- The lessor may freely transfer the property, totally or partially, directly or indirectly. In the event of alienation or transfer by any title of the leased property, the lessee hereby expressly waives his right of preferential acquisition referred to in article 25 of the LAU. Nor may the lessee terminate the contract due to the acquisition, directly or indirectly, of the property by a third party by any title or procedure.
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FIFTH: Duration, Extension, Withdrawal and Return of the Property
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| 5.1.- The lease is established for a term of ONE (1) year, counting from XX/XX/XXXX (the "Start Date"). In accordance with current legislation, given that the initial term of the lease is less than SEVEN (7) years and the lessor is a legal entity, the contract will be mandatorily extended for annual periods until the lease reaches the duration of SEVEN (7) years; there will be no such renewal if the lessee notifies the lessor in writing of the waiver of the aforementioned extension at least THIRTY (30) days before the end of the lease. of the agreed initial term or any of its annual extensions.
5.2.- Upon the expiration date of the contract or any of its extensions, once at least SEVEN (7) years of the duration of the contract have elapsed, the provisions of article 10.1 of the LAU shall apply.
5.3.- Once the date of termination of the contract has been reached, it will be automatically terminated without the need for any prior notice, expressly excluding the tacit renewal provided for in article 1,566 of the Civil Code.
5.4.- The lessee may only withdraw from the lease once at least SIX (6) months of its duration have elapsed, and provided that the lessor is reliably notified at least THIRTY (30) days in advance. In this case, the lessee will compensate the lessor with an amount equal to one month's rent in force for each year of the contract that remains to be fulfilled. Periods of time less than one year will give rise to the proportional part of the compensation.
5.5.- Upon termination of the lease contract, without the need for prior notice, the lessee must proceed to return to the lessor the THREE (3) sets of keys received, as well as the free possession of the property (together with the furniture, installations and equipment of Annex III), free of all the personal belongings and furniture of the lessee and those who live with him, clean, and in the same good state of conservation in which it was received, except for wear and tear due to ordinary use and the lapse of time, proceeding in the shortest possible time, to the inspection of the property by the lessor or by the person designated by him.
5.6.- The delay in the eviction of the property under the agreed conditions will imply the cessation of the accrual of the rent at the end of the lease term and the accrual of a penalty to be paid by the tenant in favor of the landlord, as a result of the improper and unconsented use of the property by the tenant, which is expressly agreed as a penalty clause for an amount equivalent to twice the daily rent (calculated based on the monthly rent in force) for each day of delay.
In addition, the lessee will also be obliged to pay the expenses and taxes to which it is obliged to pay by virtue of this contract, as well as the payment of any other expenses related to the property that correspond to the lessee, in force on the date of termination of the same, for the time in which the lessee maintains the improper use of the property (regardless of the number of days, even when it's for less than a month).
The tenant's permanence in the property and the payment of the amounts provided for in | |||
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SIXTH: Rent, form of payment, updating and consequences of non- payment
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| 6.1.- The amount of the monthly rent is xxxxxxx EUROS (xxxxxxx.-€), hereinafter the "rent".
The rent begins to accrue from the Start Date. The rent corresponding to the month of commencement of the lease will be proportional to the number of days in that month in which the lease is in force, which amounts to xxxxxxxxx EUROS (xxxxx.-€). From this amount is deducted the xxxxxx EUROS (xxxx.-€) that the lessee paid as a reservation on date xx, thus amounting to the amount to be paid corresponding to the current month to xxxxx EUROS (xxxxx.-€).
6.2.- The rent must be paid in the first SEVEN (7) days of each calendar month. The payment of the rent will be in euros and the tenant is obliged to direct debit the payment of the rent, authorising and signing for this purpose the SEPA order attached as Annex II.
Any modification of the credit institution or bank account designated herein by the lessee shall have no effect between the Parties until the lessee reliably notifies the lessor, with at least THIRTY (30) days' notice, of the intended change, indicating the new bank (which, in the case of being foreign, must have a branch open in Spain) and/or the current account in replacement. The rent will not be understood to have been paid until it is received in the landlord's bank account, producing the respective bank accounting entry.
The payment will be sufficiently accredited by means of the appropriate receipt/proof of the transfer made, without the need to issue any receipt by the lessor.
6.3.- In the event of late payment of the rent, the parties agree on an annual interest for late payment for each day of delay on the amount owed equivalent to the legal interest of the money in force at that time plus TWO (2) points, calculated daily over a year of 365 days. This interest will be generated automatically without the need for any prior request by the lessor and will accrue daily from the date of non-payment (inclusive) to the date of effective payment (excluded). This interest will be charged to the rent bill for the month following the month in which the delay occurs (and to the rent bill for the following months if the non-payment continues) or, in the event of termination of the contract, it will be settled weekly.
The foregoing is without prejudice to the right of the lessor to terminate the contract for non-payment of rent, in accordance with the provisions of Clauses 12 and 13 below.
6.4.- The rent will be updated annually, exclusively upwards and cumulatively, on the date on which each year of validity of the contract is completed, applying the annual percentage variation experienced by the Consumer Price Index (CPI) on the date of each update, taking as the reference month for the update the one that corresponds to the last index that was published on the date of update of the contract.
The landlord will send a communication to the tenant by email indicating the amount of the updated rent or will communicate the updated rent by any other means admitted by law. Any delay by the landlord in communicating the rent update or in applying the |
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SEVENTH: Payment of common expenses, private expenses, taxes, services and supplies
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| 7.1.- The rent does not include the ordinary expenses of the property, i.e. the expenses and costs for the services and supplies that the property has and that are individualized by means of metering devices, which will be the exclusive account of the tenant (electricity, telephone, internet, water, gas, alarm if there is one and any other supplies and services whose expenses and costs are individualizable).
The property is leased in any case with a minimum power of 2.5 kW of electricity supply, with the tenant being the sole responsibility of the payment of the expenses derived from the contracting of a higher power, if the tenant considers it necessary.
7.2.- In accordance with the above, the change of ownership of the supplies in favour of the lessee is pending.
In any case and until the time of the change of ownership or direct debit, the lessor party will pass on to the lessee the amount of the consumption that occurs and is transferred by the corresponding companies for the services and supplies mentioned in section 7.1 above.
7.3.- Likewise, the tenant will be responsible for the installation, conservation, repair and replacement of the respective meters and other necessary elements of the facilities for the services and supplies mentioned in section 7.1 above under the conditions required at all times by the supply companies.
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However, in the event of interruptions or cuts in any of the general or individual supplies and services of the property that are not caused by the lessor, the lessor will not assume any responsibility, nor will he be obliged to make rent reductions or any other amount, and the lessee will not be able to terminate this contract and will continue to pay the established rent.
7.9- In the event that the tenant has a security alarm installed in the property, he/she undertakes to cancel it before the end of the lease and will collaborate with the lessor to facilitate the installation of a new alarm if requested. In any case, the responsibility for returning the alarm to the security company that owns it lies with the lessee. |
OCTAVE: Other Expenses and Taxes
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8.1.- In the event that there is, at this time or in the future, the waste collection fee or similar or similar taxes will be paid by the lessee, and the lessor will re-invoice them to the lessee, having to pay it either by direct debit, or by credit to the account or transfer, at the lessor's choice.
[The waste collection fee corresponding to the property currently amounts to xxxxxxx EUROS (xxxxxxx.-€) per year, in accordance with the last receipt issued by the Administration for this fee in relation to the property. The amount to be paid by the lessee for the waste collection fee will be the amount resulting from the last receipt for said fee issued by the Administration at any given time].
8.2.- The lessee will be responsible for any taxes arising from the formalisation of the contract, whether they are a single or periodic accrual, including, without limitation, the Tax on Property Transfers and Documented Legal Acts in the form of Onerous Property Transfers as provided for in current legislation. The lessee undertakes to settle the corresponding taxes in a timely manner and to hold the lessor harmless party from any liability that may arise for the lessor as a result of the lessee's breach or defective compliance with this obligation. |
NOVENA: Repairs and works |
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9.1.1.- In the event that the lessee wishes to carry out works on the property that modify the configuration of the property (including its leased accessories), they must have the prior written consent of the lessor, for which the lessee must reliably notify the lessor in writing, prior to their execution. If the lessor authorises the execution of the works, these will be charged, on behalf of and under the responsibility of the lessee and will remain for the benefit of the property (unless expressly agreed otherwise), without the lessee being entitled to indemnity or compensation, at any time. The municipal permit, or any other, that may be necessary to carry out the works will also be at the expense of the lessee, as well as the technical or project management, where appropriate, and all the responsibilities that may arise from the work. In the event that the lessor does not expressly consent to the execution of the aforementioned works by the lessee, these may not take place under any circumstances. In any case, the lessee must hold the lessor harmless from any damages that may be caused to third parties by carrying out unconsented works or not in accordance with current regulations or legislation.
It is forbidden to drill holes in kitchen and bathroom walls, floors, doors (including those of the cabinets that are delivered with the house), built-in shelves, and tiling of the property, as well as to deposit pots on the wooden floor or other porous surfaces that are in the house, in order to avoid damage to them due to humidity.
Contravention of the above obligations will entitle the lessor to terminate this contract. Likewise, the lessor may demand the restoration of the things to their previous state or keep the modification made under the terms established in the LAU and will be entitled to the | |||
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TENTH: Bond, Additional Guarantee and Insurance. |
| 10.1.- The lessee delivers the sum of xxxxx EUROS (xxxxx.-€), corresponding to ONE (1) monthly rent as a deposit. This deposit has the concept of a guarantee deposit and must be returned to the lessee, if at the end of the term of the lease, the tenant is up to date with payment, the property has been preserved and returned in accordance with this contract and the lessee is current with the rest of his obligations derived from this contract.
The aforementioned deposit is delivered to the lessor, as indicated in the contract, by bank transfer ordered on this date to the lessor's bank account with the following IBAN: xxxxxxxxxxxxxxxxx, in the manner described in Section III of this contract.
During the first SEVEN (7) years of the duration of the contract, the deposit will not be subject to update, but each time the lease is extended, the deposit will be updated so that it is equivalent to ONE (1) monthly payment of the rent in force at that time.
The lessor undertakes to make the deposit of the legal deposit in accordance with the applicable regional regulations.
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ELEVENTH: Obligations of the lessee.
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| 11.1.- The lessee is also obliged to:
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TWELFTH: Termination of the contract.
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| 12.1.- This contract will be terminated by the expiry of the fixed term and, where appropriate, its extensions. In this case, neither Party shall be entitled to claim any compensation from the other Party in respect of this.
12.2.- It may also be terminated in advance, at the request of either of the Parties and by means of reliable communication to that effect to the other, due to the other Party incurring in substantial breach of any of the obligations assumed in this contract, in accordance with the provisions of Clause 13 below.
In particular, the Parties expressly agree that the non-payment of the monthly rent or any other amounts assumed by the lessee by virtue of this contract will be cause for termination of the contract, within the legal and jurisprudential limits.
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THIRTEENTH: Causes for termination of the contract due to noncompliance.
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| 13.1.- Failure by any of the Parties to comply with the obligations arising from this lease agreement shall entitle the Party that has fulfilled theirs to demand compliance with the obligation or to promote the termination of the lease agreement in accordance with the provisions of Article 1.124 of the Civil Code. Likewise, the Parties may terminate the lease agreement by operation of law in the cases contemplated in article 27 of the LAU and in the event of non-compliance with the obligations agreed in this lease contract for which it is contemplated that this will be grounds for termination, within the legal and jurisprudential limits.
By way of example and not limitation, the lessor may terminate this lease agreement by operation of law for the following reasons:
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FOURTEENTH: Notifications
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| 14.1.- For the purpose of receiving any notification related to the rights and obligations recognized in this contract, the following e-mails and telephone numbers are designated:
arrendador: xxxxxxxxxxxxxxx arrendatario: xxxxxxxxxxxx
and the following addresses:
arrendador: Calle xxxxxxxxxxxxxx arrendatario: xxxxxxxxxx
14.2.- Communications must be made by electronic communication in a preferential manner, provided that the authenticity of the communication and its content is guaranteed and there is a reliable record of the complete sending and receipt and of the time at which they were made. In the event of impossibility, non-operation of the e-mail service or that the above requirements for e-mail communications are not met, communications will be made by registered mail or by burofax. |
In the same way, the lessee may terminate this lease contract by operation of law for the following reasons:
13.2.- In the event of termination of the contract due to breach by any of the Parties, the property must be returned immediately to the lessor, under the terms and conditions provided for in Clause 5 above. |
FIFTEENTH: Jurisdiction
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| 15.1.- For any action, whether contractual or non-contractual, arising in relation to this lease agreement, the Parties agree to submit to the jurisdiction of the courts of the place where the leased property is located. The Parties expressly waive any other jurisdiction that may correspond to them unless it is imperatively imposed. |
SIXTEENTH: Data protection and inclusion of debt default data in common solvency files.
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| 17.1.- Who is responsible for the processing of your personal data?
In compliance with General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the lessee is informed that the personal data provided and those derived from the relationship will be processed by xxxxxxxxxxxxxxxxxx, with NIF: ……………………. and email: ........................... as a data controller. The data controller has entrusted the real estate management services to CLIKALIA MANAGEMENT SERVICES S.L. with C.I.F. number B-56917008, who may access and process your personal data, as data processor, for the provision of said management services. The renter can contact the data protection officer at .......................................
17.2.- For what purposes will your personal data be processed?
The tenant's personal data will be processed for the following purposes:
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DECIMOSEPTS : Prevention of Money Laundering and Terrorist Financing
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| 18.1.- Prevention of money laundering and terrorist financing:
Within the framework of the granting of the contractual relationship, if applicable, the lessee shall provide the lessor, when required by the lessor, in a truthful and complete manner, with all the information and documentation necessary and required for the purposes of the lessor being able to comply with its obligations under Law 10/2010, of 28 April 2010 and other regulations governing the prevention of money laundering and the financing of the terrorism, and expressly authorises the landlord to carry out the verification updates that it deems appropriate for this purpose. Failure by the lessee to provide the lessor with the information and documentation required by the lessor to comply with the aforementioned legislation will be sufficient cause for the lessor to be entitled to terminate the contractual relationship with the lessee, within the legal and jurisprudential limits.
18.2.- The Hirer accepts and declares that he/she has read and understood the terms and conditions set forth above. |
ANNEX I: CONDITIONS FOR THE LEASE OF A LEGAL PERSON'S DWELLING - CLIKALIA ASSET MANAGEMENT ALQUILER
Data transfers are planned to banks and savings banks for the direct debit of bills and oneoff charges, the Public Treasury for compliance with legal obligations and Companies of the Group to which ................................ belongs, in order to comply with reporting obligations and regulatory compliance policies within the Group's companies.
No international data transfers are planned.
Consequently, the lessee states that:
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Second: Object |
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2.1.- By signing the Contract and by virtue of it, the Lessor assigns the Property on lease to the Lessee, who accepts it, for the price, term and other conditions established in |
First: Nature and Applicable Regime
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1.1.- Nature.
The lease of the property is a lease of urban property intended for use other than housing.
1.2.- Applicable regime.
The lease of the Property is subject to the provisions of Law 29/1994, of 24 November, on Urban Leases (hereinafter the "LAU") and, in accordance with article 4.3 of the LAU, will be governed by: (i) firstly, the will of the Parties contained in this Contract, (ii) secondly, the articles of Title III of the LAU that have not been expressly excluded in this Contract, and (iii) supplementarily, the provisions of the Spanish Civil Code. The foregoing, without prejudice to the application to the lease of the Property of Titles I and IV of the LAU, of an imperative nature.
The Parties expressly exclude the application of the following articles of the LAU to the lease of the Property: (i) Article 30 in relation to Articles 21, 22, 23 and 26, and (ii) Articles 32, 33, 34 and 35.
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2.2.- The Lessee receives the keys and the free possession and disposal of the Property on the Start Date as established in this contract, whose condition, both physical and legal, and characteristics he declares to know and accept by having previously checked them, considering it also suitable for the agreed use.
The Lessee will receive the Property in conditions to be used for the purposes of this contract, finding it in conformity for such use, without prejudice to the incidents that may arise from defects, insufficiencies or breakdowns in the general connections, supply pipes or structural elements and, in general, deficiencies that are not susceptible to appreciation at first glance.
2.3.- In the event that the rented Property is furnished in accordance with the attached inventory, the Lessee will be responsible for the deterioration of the respective movable property for any damage or harm caused to them, breakdowns or defects caused by misuse, negligence or willful misconduct, for the amount according to the market value of each of the damaged goods at the time the Lessee communicates the damage, damage, damage or damage to the property, or if this has not occurred at the time of termination of the contract, when this is discovered by the Lessor after the recovery or return of the leased property. This amount must be paid by the Lessee to the Lessor at the mere and simple request of the latter within 3 days following said request and, otherwise, it may be deducted from the deposit and additional guarantee.
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Third Destination and permitted use
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| 3.1.- The Lessee may use the Property for the exercise of any activity of its corporate purpose as of today (the "Permitted Use"), complying under its responsibility with the legal requirements of such activity. It is expressly forbidden for the Lessee to use the Property in the form of a rental for tourist use. Any liability or penalty arising from the use or exploitation by the Lessee of these, including any direct or indirect costs, including damages, will be the responsibility of the Lessee, with full indemnity in favour of the Lessor. In this sense, the Property will be used by the Lessee exclusively for the usual development of its XXXXXX activity, while the parking spaces may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor.
3.2.- The Lessee may not use the Property in whole or in part for activities that may be especially noisy, harmful, fetid, dangerous or morally offensive; or to hold any type of auction; or hold meetings or rallies of illegal, prohibited, annoying or unhealthy activities; nor can the property be used for activities prohibited by the Statutes or by agreement of the Community of Owners. In no case are parties allowed in the Property, this being cause for termination of the contract. It is not allowed to carry out drilling, holes, shoring or other similar acts in any of the tiling of the rented property or its dependencies or annexes. Failure to comply with these conditions is cause for termination of the contract, and without prejudice to the liability for damages and corresponding compensation. The Lessee may not use or allocate the Property, either totally or partially, for the residence or residence of people, not even employees of the Lessee, on a regular or temporary basis or even occasionally.
3.3.- The Lessee declares that he/she has obtained or will obtain, before starting his/her activity in the Property, and that he/she will continue to be the owner of the same during the term of the lease, all the permits, authorisations, licences required by the Spanish authorities, at the time of formalisation of the Contract or in the future (in which case he/she undertakes to obtain them within the legally established deadlines | ||
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Fourth Cession. Subletting and preemptive acquisition rights
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| 4.1.- The Parties agree to exclude the application of article 32 LAU, so the assignment of the Contract, and the total or partial subletting of the Property is prohibited. In other words, it is expressly established that the Lessee may not assign or sublease all or part of the leased Property, or transfer or transfer to a third party its rights or its contractual position in accordance with this Agreement, except with the prior written consent of the Lessor. In general, the transfer of control, direct or indirect, of the Lessee will be considered a transfer. In particular, the transfer of any of the shares or shares of the Lessee, or of those companies that directly or indirectly control more than fifty (50%) of the Lessee, will be considered a change of control. On the other hand, the change in the person of the Lessee as a result of the merger, spin-off or transformation of the Lessee company, will not be considered as an assignment, provided that it is between companies of the Lessee's group in accordance with the definition of article 42 of the Commercial Code.
4.2.- The rights derived in favor of the Lessee by virtue of the Contract may not be subject to any lien or charge. The seizure, assignment or execution of any kind of the rights derived from this Contract will be considered as a non-consensual assignment, enempowering the Lessor to terminate this Contract.
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Fifth Duration of the term. Extension, withdrawal and return of the property
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| 5.1.- Duration of the term. The Contract shall have an initial duration of FIVE (5) years (the "Term") from day ___ (hereinafter, the "Commencement Date"), but with a minimum period of mandatory performance (for both Parties) of TWENTY-FOUR (24) months (the "Mandatory Term") from the day of entry into force of the contract, this is, according to its commencement date indicated in the main document. 5.2.- The Lessee will have the option to terminate this Contract at any time, provided that it notifies in writing its will in this regard at least NINETY (90) days in advance of the scheduled date of termination. 5.3.- If the Lessee exercises this power in the first TWENTY-FOUR (24) months of the Mandatory Term, he must pay the Lessor the entire remaining rent of the first two (2) annuities and the expenses; in this case, in addition, the Lessee must pay the Lessor in full the rent and subsidised expenses in the grace periods indicated in the contract. Once the mandatory compliance has passed, each party may terminate the contract at least NINETY (90) days in advance, notifying the other party and there will be no penalty for the party that terminates the contract, without prejudice to the settlements that proceed on the date of the return of the property and according to the state in which it is. At the end of the fifth year of validity of the contract, it will be renewed for annual periods until the lease reaches a maximum duration of [...] years, unless one of the parties terminates the contract to the other by notifying it NINETY (90) days in advance. 5.4.- Upon termination of the lease contract, the Lessee must return to the Lessor the keys and the free possession and disposal of the property, empty, clean, and in the same good condition in which it was received, proceeding in the shortest possible time to the inspection of the property by the Lessor or by the person designated by him. 5.5.- Failure to comply with the provisions of the previous section, including the mere delay in the eviction of the property, will imply compensation in favour of the Lessor, as a result of the improper use of the property by the Lessee, which is expressly agreed as a penalty clause for an amount equivalent to €150 per day of delay, and without the need to prove damages of any kind. AND THAT IT WILL NOT PREJUDGE THE COMPENSATION THAT IS LEGALLY DUE FOR DAMAGES, being also obliged to pay the expenses to which it is obliged to pay by virtue of this Contract, in force on the date of termination of the same, for each month or fraction of a month (in this case, whatever the number of days) in which the Lessee maintains the improper use of the property. |
Sixth Rent, payment method, updates and consequences of nonpayment |
| 6.1.- The lease agreed in this Contract will generate a monthly rent of XXXXX.XX.-€ from the Start Date, which must be paid by the Lessee to the Lessor within the first 7 calendar days of the respective month, plus value added tax at the legal rate in force at any given time. Hereinafter, the "Income". The Income does not include the Property Tax, the Carriage Passage Tax, the Waste Tax, community fees, general and supply expenses, such as; water, electricity, maintenance of the lift and air conditioning, if any, or other consumption or expenses that must be paid by the Lessee. |
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| 6.2.- The Income will be paid by means of a Direct Debit Order or SEPA mandate that is attached as Annex III. Any modification of the credit institution and bank account designated in this act will not have any effect between the Parties as long as the Lessee does not reliably notify the Lessor, with at least thirty (30) days' notice, of the intended change, indicating the new bank with branches opened in Spain and the current account in its replacement. The rent will not be understood to have been paid until it is received in the Lessor's bank account, producing the respective bank accounting entry. In the event of late payment of the rent, the Parties agree on a default interest per day of delay on the amount owed of the legal interest. This interest will be automatically applicable and due, without the need for any requirement by the Lessor. 6.3.- Income will be revised annually, automatically and only upwards in accordance with the increases in the General Consumer Price Index National Version ("CPI") published by the National Institute of Statistics or entity that replaces it, in the 12 months prior to the date on which the update takes effect. For these purposes, the update date will be the day indicated on the date of this contract for each respective year. The resulting updates under the system described above are applied cumulatively for the duration of this agreement. The fact that the invoice on the date of the update does not indicate the amount of the update does not imply a waiver of the same by the Lessor. The variations in the rent derived from the update agreed in this stipulation will be incorporated into the rent of the contract and will therefore form part of the basis for successive updates, all in accordance with the provisions of the LAU. In the event that the limitation on the application of the index indicated above has been temporarily approved, said limitation will be respected during the period in which it is in force if applicable to the contract. 6.4.- Delay in the payment of any of the economic obligations arising from this contract that do not refer to the monthly rent, to which the provisions of section 6.2 above will apply, will accrue, without the need for prior notice, a default interest in favour of the Lessor equivalent to the legal interest of the money until the date of effective payment of all the amounts due. 6.5.- All damages resulting from the non-payment of any amount whose payment corresponds to the Lessee, will be borne by the Lessee. These amounts may be passed on by the Lessor to the Lessee, without the need for prior notice to this effect, in the receipt of the following monthly payment, attaching the appropriate supporting documents. 6.6.- Failure to pay and/or delay in payment of rent due to a delay in payment of more than one (1) consecutive or alternate month, and in the rest of the amounts owed, are considered express causes for termination of this contract exercisable at the discretion of the Lessor after the first breach. It is expressly agreed that the rent owed, including the interest for late payment referred to in point 6.2, after the termination of the contract, which is pending payment will accrue an annual default interest equivalent to the legal interest of the money plus 3 percentage points. All expenses arising from a judicial or extrajudicial claim for non-compliance, eviction, resolution, claim for amount and/or compensation for damages arising from the lease will be borne by the debtor or defaulting party. 6.7.- Collection expenses for the return of debts. The Lessee must pay the invoices when due (in the first 7 calendar days of each month in the event that the invoice is for rent collection). In the event that the Renter fails to pay their invoice, the Lessor will notify them of the unpaid amount through personalized communication, respecting, in all cases, their privacy. The aforementioned communication to the Lessee may be made either by telephone call, | ||
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Seventh Payment of common expenses. Private, services and supplies
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7.1.- The rental price does not include the ordinary general expenses of the property, i.e. the supplies or expenses for services that the property has and that are individualized by means of metering devices, which will be the exclusive account of the Tenant (electricity, telephone, water, gas, alarm if there is one and any other supplies, and other individualisable expenses, which will be borne by the Lessee) and the Lessee must proceed to the securitisation of the same. 7.2.- The Lessee expressly authorises the Lessor to carry out on its behalf the change of ownership corresponding to: - Change of ownership of electricity, individualised gas, heating, alarm (if any) and water supply (in accordance with the authorisation attached as ANNEX II) This service will have an additional cost of NINETY EUROS (€90.00) + VAT, ONE HUNDRED AND EIGHT EUROS AND NINETY EURO CENTS INCLUDING VAT (€108.90). This amount must be paid at the time of formalisation of this lease contract, being an |
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Octave Other Cats and Trinutos
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| 8.1.- Taxes. All municipal taxes that:
Expressly excluded from the Lessor's Corporation Tax or other taxes that, now or in the future, are levied on the profits of the Lessor in relation to the Property, or those linked to the business year of operation of the Property, which will be borne and will be the exclusive responsibility of the Lessor. In relation to the Property Tax, once paid by the Lessor, the latter will pass them on to the Lessee, in full, including the annual increases in the amount of said tax. With respect to taxes whose period exceeds that of the lease, the Lessee will only pay the proportional part of them that corresponds to it depending on the date of end of the lease, i.e. on a pro rata temporis basis. The Lessee will not be responsible, nor will it pay the Lessor, any interest, fines, penalties or surcharges that may be imposed by any body of the Public Administration on the Lessor for having delayed the payment of taxes or failed to comply with its obligations as a taxpayer. The garbage/waste tax or similar or similar taxes will be borne by the Lessee, and the Lessor will re-invoice them to the Lessee, which must be paid either by direct debit, or by credit to the account or transfer at the Lessor's choice. 8.2.- Value Added Tax (VAT) The Rent on the Property in accordance with the provisions of this Contract will be increased in the Value Added Tax at the rate applicable at any time. |
Novena Repairs and works
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| 9.1.- Works to be carried out by the Lessee. The Lessee may not carry out any work on the Property that:
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Tenth Bond, Additional Guarantee and Insurance
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| 10.1.- The deposit of this lease, that is, the sum equivalent to two (2) monthly payments of the Rent amounts to the amount of xxxxxxxx EUROS (xxxxxxx.€) (the "Deposit"). This deposit will have the concept of a deposit during the term of the contract and must be returned to the Lessee, if at the end of the term of the lease, he is up to date with payment and the property has been preserved and is returned in perfect condition. The aforementioned deposit must be delivered to the Lessor by bank transfer to the bank account with the following IBAN: xxxxxxxxxxxxxxxxxxxx, in the manner described on the second page of the contract. Within a maximum period of one (1) month from the date of signing this Contract, the Lessor will deposit the amount equivalent to two (2) monthly installments of the rent of the first year of the Contract, before the corresponding public body or include it in the agreement eventually signed for the deposit of the Deposit. 10.2.- In addition, as an additional guarantee, the Lessee delivers, in the manner described on the second page of the contract, the amount of xxxxxxx EUROS (xxxx,00€). The additional guarantee will be returned to the Lessee, if at the end of the lease term, he is up to date with his payment and the property has been delivered in perfect condition. Both the legal deposit and the additional guarantee are established as a guarantee of the legal and contractual obligations of the Lessee.
10.3.- The existence of the deposit and additional guarantee will never serve as a pretext to delay the payment of the rent or any of the amounts whose payment has been assumed by the Lessee.
10.4.- In the event that the damage caused to the property or the amount of taxes, expenses, services or supplies on behalf of the Lessee are, in their quantification, greater than the deposit deposited, and the additional guarantee delivered, the Lessee will be obliged to disburse the necessary amounts, until the total payment of the aforementioned concepts, it being understood that the amount of the deposit and additional guarantee does not act as a limiting amount of the Lessee's liability for these concepts and the possible compensation for damages.
10.5.- HOME INSURANCE: The Lessee undertakes to take out home insurance in force throughout the term of the lease contract, to cover liability for damage to third parties and, likewise, to cover the contents of the rented property up to a value of €10,000 to cover claims including water damage, fire or damage of electrical origin, which must be effective from the date of formalization of the lease contract
The Lessee hereby authorises the Lessor to take out on its behalf, with the Lessee being the policyholder and insured, home insurance for the entire duration of the contract and, where appropriate, extensions, which includes civil liability and any damage that may be caused to the property, covering the contents of the rented property up to a value of €10,000 for coverage of claims, including damages for water, fire or damage of electrical origin, without prejudice to the Lessee's liability for damage caused by misuse of the rented property, the cost of this insurance and its renewals being the Lessee's | ||
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Eleventh Obligations of the Lessee.
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| 11.1.- The Lessee is also jointly and severally obligated to:
11.2.- The contravention of any of these obligations, found by the Lessor, will constitute cause for termination of the contract, as well as the rest of the causes for termination provided for in the law or in this contract. | ||
Twelfth Termination of the contract
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| 12.1.- This contract will be terminated by the expiry of the fixed term of duration. In this case, neither party will be entitled to claim any compensation from the other party for this purpose. 12.2.- It may also be terminated in advance, at the request of either party and by means of reliable communication to that effect with the other, due to the other party in breach of any of the obligations assumed in this contract. In particular, the parties expressly agree that the non-payment of any monthly rent payment, or of the amounts whose payment the Lessee assumes by virtue of this contract, will be cause for termination of the contract. In this case, the party that has complied with its obligations may choose between (i) demanding compliance with the obligation, or (ii) promoting the termination of the contract, with the defaulting party having to pay the payment of all debts that may be the reason for the termination. In addition, in both cases it may also demand compensation for damages. In the event that the Lessor requests the termination of the lease agreement due to non-compliance with the essential obligations by the Lessee, that is: (i) to pay the Rent and other amounts due and (ii) to keep the property in good condition. The Lessor will also have the right to demand as compensation for damages, the sum corresponding to the rents pending payment from the date of the termination until the day of expiration of the lease ex. Second Covenant above. |
Thirteenth Causes for termination of the contract.
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| 13.1.- The breach for any reason of the obligations resulting from this lease agreement will entitle the party that has fulfilled theirs to demand compliance with the obligation or to promote the termination of the lease agreement in accordance with the provisions of article 1.124 of the Civil Code. Likewise, the Parties may terminate the lease agreement by operation of law in the cases contemplated in Article 27 of the Urban Leases Law and in the event of noncompliance with the obligations agreed in this lease agreement and for which this is contemplated to be grounds for termination. By way of example and not limitation, the Lessor may terminate this lease agreement by operation of law for the following reasons:
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Fourteenth Notifications
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| 14.1.- For the purpose of receiving any notification related to the rights and obligations recognized in this contract, the following e-mails and telephone numbers are designated: Arrendador: xxxxxxxxxxxxxxxxx Arrendatario: xxxxxxxxxxxx
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Fifteenth Jurisdiction
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| 15.1.- For the resolution of any litigious issue that may arise from the interpretation and/or compliance with this contract, the Courts and Tribunals where the rented property is located are competent. | ||
Sixteenth Consumer Law
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| 16.1.- The Parties declare that this contract has been agreed upon by mutual agreement in accordance with the applicable regulations for the defence of consumers and users, without any of its stipulations being considered as an imposition, waiver or limitation. |
Seventeent h Data protection and inclusion of non- payment data of debt to common files solve ncy.
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| 17.1.- Who is responsible for the processing of your personal data?
In compliance with General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the lessee is informed that the personal data provided and those derived from the relationship will be processed by xxxxxxxxxxxxxxxxxx with NIF: xxxxxxxxxxxxxxxxxxxxxx and email: xxxxxxxxxxxxxxxxxxxxxx, as the data controller. The data controller has entrusted the real estate management services to CLIKALIA MANAGEMENT SERVICES S.L. with C.I.F. number B-56917008, who may access and process your personal data, as data processor, for the provision of said management services.
The renter can contact the data protection officer at xxxxxxxxxxxxxxxxxxxxxx.
17.2.- For what purposes will your personal data be processed?
The tenant's personal data will be processed for the following purposes:
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EIGHTEENTH Prevention of Money |
| 18.1.- Prevention of money laundering and terrorist financing: Within the framework of the granting of the contractual relationship if applicable, the Lessee will provide the Lessor, at least 48 hours before the date of signing the lease agreement, in a truthful and complete manner, with all the information and documentation necessary and required for the purposes of the Lessor being able |
Laundering and Terrorist Financing.
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| to comply with its obligations under Law 10/2010, of 28 April and other regulations governing the prevention of money laundering and terrorist financing, and expressly authorises the Lessor to carry out the verification updates it deems appropriate for this purpose. The Lessor's failure to obtain the information and documentation required in the internal policies established to comply with the legislation will be sufficient cause for the Lessor to be entitled NOT TO CONTINUE WITH THE VALIDATION OF THE POTENTIAL LESSEE or, where appropriate, to terminate the contractual relationship with the lessee if it has already been subscribed.
18.2.- The Lessee accepts and declares that he/she has read and understood the terms and conditions set forth above. |
ANNEX I: CONDITIONS OF THE LEASE OF A LEGAL PERSON'S DWELLING INTENDED TO MEET THE HOUSING NEEDS OF THE ADMINISTRATOR OR AN EMPLOYEE - CLIKALIA ASSET MANAGEMENT RENTAL
FIRST. The Parties have agreed to formalize the contract on the Property subject to the Clauses found in Annex I attached to this contract.
It is also stated that the tenant is a legal person and, directly with it, a lease for the use of a habitual residence could not be agreed, since the subjective scope of Article 2 of Law 29/1994, of 24 November, on Urban Leases (hereinafter the "LAU") refers to satisfying the tenant's need for permanent housing, which is limited to natural persons, due to the inability of legal persons to dwell. Notwithstanding the foregoing, the end user of the Property will be, as declared by the lessee company under its responsibility, natural persons dependent on it, to use it for their habitual residence without the lessee economically exploiting the Property. Specifically, the employees for whose benefit the lessee rents are xxxxxxxxxxxxxxxxx.
That is why it is expressly stated by the lessee that acts in the exercise of its activity regardless of whether it is used as the habitual residence of dependent individuals who have specifically specified themselves as end users of the Property, for the purposes of the lease being subject to and exempt from VAT.
First: Nature and Applicable Regime
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1.1.- Nature.
The lease of the property is a lease of urban property intended for use other than housing.
1.2.- Applicable regime.
The lease of the Property is subject to the provisions of Law 29/1994, of 24 November, on Urban Leases (hereinafter the "LAU") and, in accordance with article 4.3 of the LAU, will be governed by: (i) firstly, the will of the Parties contained in this Contract, (ii) secondly, the articles of Title III of the LAU that have not been expressly excluded in this Contract, and (iii) supplementarily, the provisions of the Spanish Civil Code. The foregoing, without prejudice to the application to the lease of the Property of Titles I and IV of the LAU, of an imperative nature.
The Parties expressly exclude the application of the following articles of the LAU to the lease of the Property: (i) Article 30 in relation to Articles 21, 22, 23 and 26, and (ii) |
Articles 32, 33, 34 and 35.
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Second: Object
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2.1.- By signing the Contract and by virtue of it, the Lessor assigns the Property on lease to the Lessee, who accepts it, for the price, term and other conditions established in this Contract, and as a certain body.
2.2.- The Lessee receives the keys and the free possession and disposal of the Property on the Start Date as established in this contract, whose condition, both physical and legal, and characteristics he declares to know and accept by having previously checked them, considering it also suitable for the agreed use.
The Lessee will receive the Property in conditions to be used for the purposes of this contract, finding it in conformity for such use, without prejudice to the incidents that may arise from defects, insufficiencies or breakdowns in the general connections, supply pipes or structural elements and, in general, deficiencies that are not susceptible to appreciation at first glance.
2.3.- In the event that the rented Property is furnished in accordance with the attached inventory, the Lessee will be responsible for the deterioration of the respective movable property for any damage or harm caused to them, breakdowns or defects caused by misuse, negligence or willful misconduct, for the amount according to the market value of each of the damaged goods at the time the Lessee communicates the damage, damage, damage or damage to the property, or if this has not occurred at the time of termination of the contract, when this is discovered by the Lessor after the recovery or return of the leased property. This amount must be paid by the Lessee to the Lessor at the mere and simple request of the latter within 3 days following said request and, otherwise, it may be deducted from the deposit and additional guarantee.
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Third Destination and permitted use
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| 3.1.- The Lessee will use the Property under its responsibility to satisfy the housing needs of its employee, manager or member of its respective board of directors as it is dependent on the Lessee, as they maintain an employment/senior management relationship/position of administrator/member of the Board of Directors (the "Permitted Use").
It is expressly agreed that the Lessee will not be allowed to use the property for an purpose other than that which is not the use of the property by the person expressly designated as beneficiary, especially the transfer or subletting of the Property to third parties is prohibited since the property is not intended for or affects the exercise or development of a business or professional activity in the terms contemplated in article 32 LAU. It is expressly forbidden for the Lessee to use the Property in the form of a rental for tourist use. Any liability or penalty arising from the use or exploitation by the Lessee of these, including any direct or indirect costs, including damages, will be the responsibility of the Lessee, with full indemnity in favour of the Lessor. In this sense, the Property will be used by the Lessee exclusively to satisfy the housing needs of the employees referred to in the explanatory part of the Contract, while the parking spaces, if applicable, may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor. 3.2.- The Lessee may not use the Property in whole or in part for activities that may be especially noisy, harmful, fetid, dangerous or morally offensive; or to hold any type of auction; or hold meetings or rallies of illegal, prohibited, annoying or unhealthy activities; nor can the property be used for activities prohibited by the Statutes or by | ||
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Third Destination and permitted use*
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| 3.1.- The Lessee may use the Property for the exercise of any activity of its corporate purpose as of today (the "Permitted Use"), complying under its responsibility with the legal requirements of such activity.
The Lessee will use the Property under its responsibility to satisfy the housing needs of the employees referred to in the explanatory part of the Contract. It is expressly agreed that the Lessee will not be allowed to use the property for an purpose other than that which is not the use of the property by the person expressly designated as beneficiary, especially the transfer or subletting of the Property to third parties is prohibited since the property is not intended for or affects the exercise or development of a business or professional activity in the terms contemplated in article 32 LAU] It is expressly forbidden for the Lessee to use the Property in the form of a rental for tourist use. Any liability or penalty arising from the use or exploitation by the Lessee of these, including any direct or indirect costs, including damages, will be the responsibility of the Lessee, with full indemnity in favour of the Lessor. In this sense, the Property will be used by the Lessee exclusively for the usual development of its XXXXX activity while the parking spaces may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor. In this sense, the Property will be used by the Lessee exclusively to satisfy the housing needs of the employees referred to in the explanatory part of the Contract, while the parking spaces, if applicable, may only be used for vehicle parking. The Lessee may only use the Property for use other than that described in the previous paragraph if he obtains prior written authorisation from the Lessor. 3.2.- The Lessee may not use the Property in whole or in part for activities that may be especially noisy, harmful, fetid, dangerous or morally offensive; or to hold any type of auction; or hold meetings or rallies of illegal, prohibited, annoying or unhealthy activities; nor can the property be used for activities prohibited by the Statutes or by | ||
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Fifth Duration of the |
| 5.1.- Duration of the term. The Contract shall have an initial duration of FIVE (5) years (the "Term") from day ___ (hereinafter, the "Commencement Date"), but with a minimum period of mandatory |
term. Extension, withdrawal and return of the property
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| performance (for both Parties) of TWENTY-FOUR (24) months (the "Mandatory Term") from the day of entry into force of the contract, this is, according to its commencement date indicated in the main document. 5.2.- The Lessee will have the option to terminate this Contract at any time, provided that it notifies in writing its will in this regard at least NINETY (90) days in advance of the scheduled date of termination. 5.3.- If the Lessee exercises this power in the first TWENTY-FOUR (24) months of the Mandatory Term, he must pay the Lessor the entire remaining rent of the first two (2) annuities and the expenses; in this case, in addition, the Lessee must pay the Lessor in full the rent and subsidised expenses in the grace periods indicated in the contract. Once the mandatory compliance has passed, each party may terminate the contract at least NINETY (90) days in advance, notifying the other party and there will be no penalty for the party that terminates the contract, without prejudice to the settlements that proceed on the date of the return of the property and according to the state in which it is. At the end of the fifth year of validity of the contract, it will be renewed for annual periods until the lease reaches a maximum duration of [...] years, unless one of the parties terminates the contract to the other by notifying it NINETY (90) days in advance. 5.4.- Upon termination of the lease contract, the Lessee must return to the Lessor the keys and the free possession and disposal of the property, empty, clean, and in the same good condition in which it was received, proceeding in the shortest possible time to the inspection of the property by the Lessor or by the person designated by him. 5.5.- Failure to comply with the provisions of the previous section, including the mere delay in the eviction of the property, will imply compensation in favour of the Lessor, as a result of the improper use of the property by the Lessee, which is expressly agreed as a penalty clause for an amount equivalent to €150 per day of delay, and without the need to prove damages of any kind. AND THAT IT WILL NOT PREJUDGE THE COMPENSATION THAT IS LEGALLY DUE FOR DAMAGES, being also obliged to pay the expenses to which it is obliged to pay by virtue of this Contract, in force on the date of termination of the same, for each month or fraction of a month (in this case, whatever the number of days) in which the Lessee maintains the improper use of the property. |
Sixth Rent, payment method, updates and consequences of non- payment
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| 6.1.- The lease agreed in this Contract will generate a monthly rent of XXXXX.XX.-€ from the Start Date, which must be paid by the Lessee to the Lessor within the first 7 calendar days of the respective month, plus value added tax at the legal rate in force at any given time. Hereinafter, the "Income". The Income does not include the Property Tax, the Carriage Passage Tax, the Waste Tax, community fees, general and supply expenses, such as; water, electricity, maintenance of the lift and air conditioning, if any, or other consumption or expenses that must be paid by the Lessee. 6.2.- The Income will be paid by means of a Direct Debit Order or SEPA mandate that is attached as Annex III. Any modification of the credit institution and bank account designated in this act will not have any effect between the Parties as long as the Lessee does not reliably notify the Lessor, with at least thirty (30) days' notice, of the intended change, indicating the new bank with branches opened in Spain and the current account in its replacement. The rent will not be understood to have been paid until it is received in the Lessor's bank account, producing the respective bank accounting entry. In the event of late payment of the rent, the Parties agree on a default interest per day of delay on the amount owed of the legal interest. This interest will be automatically applicable and due, without the need for any requirement by the Lessor. 6.3.- Income will be revised annually, automatically and only upwards in accordance |
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Seventh Payment of common expenses. Private, services and supplies
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7.1.- The rental price does not include the ordinary general expenses of the property, i.e. the supplies or expenses for services that the property has and that are individualized by means of metering devices, which will be the exclusive account of the Tenant (electricity, telephone, water, gas, alarm if there is one and any other supplies, and other individualisable expenses, which will be borne by the Lessee) and the Lessee must proceed to the securitisation of the same. 7.2.- The Lessee expressly authorises the Lessor to carry out on its behalf the change of ownership corresponding to: - Change of ownership of electricity, individualised gas, heating, alarm (if any) and water supply (in accordance with the authorisation attached as ANNEX II) This service will have an additional cost of NINETY EUROS (€90.00) + VAT, ONE HUNDRED AND EIGHT EUROS AND NINETY EURO CENTS INCLUDING VAT (€108.90). This amount must be paid at the time of formalisation of this lease contract, being an essential element for the materialisation and effectiveness of this document. Credit account number:
IBAN: xxxxxxxxxxxxxxxxxxxxxx Concept: Floor code – Changes in ownership of supplies
7.3.- The Lessee will be responsible for the installation, conservation, repair and replacement of the respective meters and other necessary elements of the installations under the conditions required at all times by the supply companies | ||
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Octave Other Expenses and Taxes
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| 8.1.- Taxes. All municipal taxes that: - tax the use and operation of the Property of which the Lessee is a taxpayer in his capacity as user or occupant of the same (fee for garbage collection, passage of vehicles); and | ||
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Novena Repairs and works
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| 9.1.- Works to be carried out by the Lessee. The Lessee may not carry out any work on the Property that:
In the case of works that do not fall within the circumstances of the previous paragraph, the Lessee will notify the Lessor of such works before carrying them out, but will not need specific permission or consent from the latter. At | ||
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Tenth Bond, Additional Guarantee and Insurance
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| 10.1.- The deposit of this lease, that is, the sum equivalent to two (2) monthly payments of the Rent amounts to the amount of xxxxxxxx EUROS (xxxxxxx.€) (the "Deposit"). This deposit will have the concept of a deposit during the term of the contract and must be returned to the Lessee, if at the end of the term of the lease, he is up to date with payment and the property has been preserved and is returned in perfect condition. The aforementioned deposit must be delivered to the Lessor by bank transfer to the bank account with the following IBAN:xxxxxxxxxxxxxxxxxxxx, in the manner described on the second page of the contract. Within a maximum period of one (1) month from the date of signing this Contract, the Lessor will deposit the amount equivalent to two (2) monthly installments of the rent of the first year of the Contract, before the corresponding public body or include it in the agreement eventually signed for the deposit of the Deposit. 10.2.- In addition, as an additional guarantee, the Lessee delivers, in the manner described on the second page of the contract, the amount of xxxxxxx EUROS (xxxx,00€). The additional guarantee will be returned to the Lessee, if at the end of the lease term, he is up to date with his payment and the property has been delivered in perfect condition. Both the legal deposit and the additional guarantee are established as a guarantee of the legal and contractual obligations of the Lessee.
10.3.- The existence of the deposit and additional guarantee will never serve as a pretext to delay the payment of the rent or any of the amounts whose payment has been assumed by the Lessee.
10.4.- In the event that the damage caused to the property or the amount of taxes, expenses, services or supplies on behalf of the Lessee are, in their quantification, greater than the deposit deposited, and the additional guarantee delivered, the Lessee will be obliged to disburse the necessary amounts, until the total payment of the aforementioned concepts, it being understood that the amount of the deposit and additional guarantee does not act as a limiting amount of the Lessee's liability for these concepts and the possible compensation for damages.
10.5.- HOME INSURANCE: The Lessee undertakes to take out home insurance in force throughout the term of the lease contract, to cover liability for damage to third parties and, likewise, to cover the contents of the rented property up to a value of €10,000 to cover claims including water damage, fire or damage of electrical origin, which must be effective from the date of formalization of the lease contract
The Lessee hereby authorises the Lessor to take out on its behalf, with the Lessee being the policyholder and insured, home insurance for the entire duration of the contract and, where appropriate, extensions, which includes civil liability and any damage that may be caused to the property, covering the contents of the rented property up to a value of €10,000 for coverage of claims, including damages for water, fire or damage of electrical origin, without prejudice to the Lessee's liability for damage caused by misuse of the rented property, the cost of this insurance and its renewals being the Lessee's account, expressly authorising it to be debited from the same account where the rent receipt is directed. For this procedure, the Lessee must provide all the documentation required to arrange it. Once the contract has been signed | ||
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Eleventh Obligations of the Lessee.
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| 11.1.- The Lessee is also jointly and severally obligated to:
11.2.- The contravention of any of these obligations, found by the Lessor, will constitute cause for termination of the contract, as well as the rest of the causes for termination provided for in the law or in this contract. | ||
Twelfth Termination of the |
| 12.1.- This contract will be terminated by the expiry of the fixed term of duration. In this case, neither party will be entitled to claim any compensation from the other party for this purpose. 12.2.- It may also be terminated in advance, at the request of either party and by |
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| means of reliable communication to that effect with the other, due to the other party in breach of any of the obligations assumed in this contract. In particular, the parties expressly agree that the non-payment of any monthly rent payment, or of the amounts whose payment the Lessee assumes by virtue of this contract, will be cause for termination of the contract. In this case, the party that has complied with its obligations may choose between (i) demanding compliance with the obligation, or (ii) promoting the termination of the contract, with the defaulting party having to pay the payment of all debts that may be the reason for the termination. In addition, in both cases it may also demand compensation for damages. In the event that the Lessor requests the termination of the lease agreement due to non-compliance with the essential obligations by the Lessee, that is: (i) to pay the Rent and other amounts due and (ii) to keep the property in good condition. The Lessor will also have the right to demand as compensation for damages, the sum corresponding to the rents pending payment from the date of the termination until the day of expiration of the lease ex. Second Covenant above. |
Thirteenth Causes for termination of the contract.
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| 13.1.- The breach for any reason of the obligations resulting from this lease agreement will entitle the party that has fulfilled theirs to demand compliance with the obligation or to promote the termination of the lease agreement in accordance with the provisions of article 1.124 of the Civil Code. Likewise, the Parties may terminate the lease agreement by operation of law in the cases contemplated in Article 27 of the Urban Leases Law and in the event of noncompliance with the obligations agreed in this lease agreement and for which this is contemplated to be grounds for termination. By way of example and not limitation, the Lessor may terminate this lease agreement by operation of law for the following reasons:
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Fourteenth Notifications
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| 14.1.- For the purpose of receiving any notification related to the rights and obligations recognized in this contract, the following e-mails and telephone numbers are designated: Arrendador: xxxxxxxxxxxxxxxxxxx Arrendatario: xxxxxxxxxxxx
and the following addresses: Arrendador: Calle xxxxxxxxxxxxxx Arrendatario: xxxxxxxxxx | ||
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Fifteenth Jurisdiction
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| 15.1.- For the resolution of any litigious issue that may arise from the interpretation and/or compliance with this contract, the Courts and Tribunals where the rented property is located are competent. |
Sixteenth Consumer Law
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| 16.1.- The Parties declare that this contract has been agreed upon by mutual agreement in accordance with the applicable regulations for the defence of consumers and users, without any of its stipulations being considered as an imposition, waiver or limitation. |
Seventeent h Data protection and inclusion of non- payment data of debt to common files solve ncy.
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| 17.1.- Who is responsible for the processing of your personal data? In compliance with General Regulation (EU) 2016/279 and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the tenant is informed that the personal data provided and those derived from the relationship will be processed by xxxxxxxxxxxxxxxxxxxxx with NIF: xxxxxxxxx and e-mailxxxxxxxxxxxx:, as the data controller.
The data controller has entrusted the real estate management services to CLIKALIA MANAGEMENT SERVICES S.L. with C.I.F. number B-56917008, who may access and process your personal data, as data processor, for the provision of said management services.
The renter can contact the data protection officer at .xxxxxxxxxxxx
17.2.- For what purposes will your personal data be processed?
The tenant's personal data will be processed for the following purposes:
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EIGHTEENTH Prevention of Money Laundering and Terrorist Financing.
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| 18.1.- Prevention of money laundering and terrorist financing: Within the framework of the granting of the contractual relationship if applicable, the Lessee will provide the Lessor, at least 48 hours before the date of signing the lease agreement, in a truthful and complete manner, with all the information and documentation necessary and required for the purposes of the Lessor being able to comply with its obligations under Law 10/2010, of 28 April and other regulations governing the prevention of money laundering and terrorist financing, and expressly authorises the Lessor to carry out the verification updates it deems appropriate for this purpose. The Lessor's failure to obtain the information and documentation required in the internal policies established to comply with the legislation will be sufficient cause for the Lessor to be entitled NOT TO CONTINUE WITH THE VALIDATION OF THE POTENTIAL LESSEE or, where appropriate, to terminate the contractual relationship with the lessee if it has already been subscribed.
18.2.- The Lessee accepts and declares that he/she has read and understood the terms and conditions set forth above. |