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TECHNOLOGICKÉ CENTRUM Hradec Králové, o. p. s.
Identification No.: 27493784
Registered seat: Piletická 486/19 - letiště, 503 41 Hradec Králové
Registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section O, File 129
Represented by Ing. Ondřej Zezulák, Managing Director
as the “Tenant”
and
Learn by Doing s.r.o.
Identification No.: 07270402
Registered seat: Piletická 486/19 - letiště, 503 41 Hradec Králové
Registered in the Commercial Register maintained by regional court at Hradec Kralove in Section C, File 42103
Represented by Stuart Woodward James, company director
as the “Subtenant”
enter on today’s day, within the meaning of Act No. 89/2012 Coll., the Civil Code, into the following
Contract for Lease of the Business Premises
K 241/18
1 Reason for Entering into the Contract
1.1 The parties enter into this Contract in relation to the Tenant’s activity – Science & Technology Park project. It is a project that was developed to concentrate infrastructure for high technologies, science and research in the business sphere. The Science & Technology Park includes a business incubator intended to provide assistance to beginner entrepreneurs with the innovation potential (as the subtenants here). With the help of the Science & Technology Park – centre for transfer of technologies – the Tenant shall support the processes leading to transfer of knowledge between entrepreneurs and universities, and development of new products.
The business incubator is a tool of economic development created to accelerate growth and success of plants through a large number of supporting services and products for business activities. The main task is to contribute to successful development of plants that leaves the incubator programme after they become financially independent and able to operate separately, however three years after starting their participation at the maximum. For the aforementioned purpose the incubator creates job opportunities, helps commercially utilise the new technologies, provides manager assistance in practice, provides access to finance, and performs services to support prevention of the critical commercial and technical factors. It offers the plants the opportunity to use administrative services, to have access to equipment, to enjoy flexible sublease contracts and premises for expansion, etc., all at one place. It also provides preferential access to consulting services in the field business, economics, management and marketing services as well as services of external consultants.
1.2 Both parties undertake to promote the activities and products of the other party in particular including, within informing about their activities published through the public internet network and through advertising and other printed materials, the information or links to the activities and products of the other party among the information about their activities, each of party at its own expense.
1.3 The Subtenant confirms that it has all the authorisations necessary to carry out its business in the leased premises and guarantees that the Tenant’s reputation will not be jeopardized in connection with the Subtenant ‘s activities in leased premises.
2 Rental Relationship
2.1 The Tenant declares, and the Subtenant notes that on 28/08/2008, the Contract of Lease No. 2204/2008 was entered into between the Tenant and the Statutory City of Hradec Králové (as the Landlord). Based on the said Contract, the Tenant is entitled to use the building bearing the indication No. 486, facility No. 19 at Hradec Králové airport), which
is a part of the land lot No. 664 in the cadastral area of Věkoše, as well as the movable asset representing the equipment of the premises. The Tenant is also entitled to sublease the premises to any other entities.
3 Subject of the Lease
3.1 The Tenant hereby sublets to the Subtenant the business premises situated in the building specified in Article 2.1 hereof (facility No. 19 of Hradec Králové airport) to the following extent:
Floor
Character
Area in m2
-----------------------------------------------------------------
II. Room No. 242 F
18,9 m2
3.2 Annex No. 1 hereto is the layout of the respective building (facility No. 19 at the airport), where the leased premises used for business are indicated. The parties declare that the extent and location of the leased premises is clear and sufficiently specified between them. The Subtenant is entitled to exclusively use the leased premises designated for business. Along with the aforementioned, the Subtenant is entitled to non-exclusively use the common premises located in the respective building as defined in paragraph 8.1 hereof, when this non-exclusive right of the Subtenant is a part of the right of sublease negotiated by this Contract, and thus also the sub-rent amount agreed in this Contract.
4 Purpose of the Sublease
4.1 The Tenant provides the respective business premises to the Subtenant for sublease for the purpose of carrying out the business activities connected with the subject of the Subtenant’s business, such activities including:
Production, trade and services not listed in Annexes 1 to 3 of the Trades Licensing Act.
The Subtenant undertakes not to perform in the leased premises any activity other than the activity agreed in this Contract, or directly relating to the agreed activity.
4.2 The Subtenant undertakes to use the leased business premises in a way that does not disturb and harass (by excessive noise, etc.) other users of the respective facility, and also undertakes to observe the regulations applicable to the environmental protection when utilising the business premises, common facilities and the surroundings of the building.
4.3 By signing this Contract, the Subtenant confirms that the Subtenant has become familiarised with the condition of the leased business premises, and that the Subtenant considers them suitable for use for the agreed purposes.
5 Term of the Sublease
5.1 The sublease has been agreed for a definite period of time from 1.9.2018. to 1.9.2019.
5.2 The handover and takeover of the leased premises shall be performed by the parties at the latest on the first day of the sublease period as referred to in the preceding article, and the parties shall elaborate a written protocol on handover and takeover of the subject of the sublease, in which they shall record the condition of the business premises and their equipment (furniture, office equipment), which the Subtenant is also entitled to use.
5.3 Before expiration of the agreed sublease, the sublease relationship may be terminated by a unilateral notice or by written agreement between the parties. The notice period is three months and shall begin on the first day of the month following the month, during which the notice was served.
5.4 The parties have further agreed that the Tenant is entitled to terminate this Contract without any notice period in the event of a serious breach of the covenants specified in this Contract by the Subtenant (for example, the Subtenant is in delay for the second time for more than 14 days with payment of sub-rent or services, in the case of the failure to replenish the bail bond according to paragraph 9.4, wanton serious damage to the equipment of the Science and Technology Park, repeated violation of the operating rules, or a fundamental change in the subject of business when compared to article 4.1). The Contract so terminated shall cease to exist on the date of delivery of the notice without a notice period to the Subtenant. The Tenant is obliged to give the notice of termination without any notice period to the Subtenant in writing, and to specify the reason for termination. The Subtenant is obliged to pay the rent to
the Tenant and to make payments for services and deposits for services for the entire month, in which the Contract has been cancelled by a notice without any notice period.
5.5 In the case of sublease termination, the Subtenant is obliged to clear the object of the sublease and to hand it over to the Tenant in the original condition, taking into account the normal wear and tear, all on the date of termination of the sublease at the latest. If the Subtenant received consent to the location of the company's registered seat, it is also obliged to ensure that its registered seat will be re-registered to a different address than Piletická 486/19, 503 41 Hradec Králové, no later than seven (7) days after termination of this Contract. The Subtenant declares that it is aware of the seriousness of this obligation, and acknowledges that failure to perform the obligation shall result in the provider being entitled to the contractual penalty referred to in Article 10.6 of this Contract. If the Subtenant fails to ensure the transfer of the registered seat within the aforementioned period, the Tenant will be entitled to inform the court in charge of the Commercial Register that the Subtenant has lost the consent to location of the registered seat at Piletická 486/19, 503 41 Hradec Králové, and does no longer reside there. The Subtenant will further inform its business partners that the Subtenant will no longer be residing at Piletická 486/19, 503 41 Hradec Králové, and that they should contact the Subtenant using new contact information.
5.6 The parties hereto note that the relationship resulting from this Contract for Sublease of Business Premises (hereinafter the Contract of Sublease) is of an accessory nature in relation to the aforementioned Contract of Lease No. 2204/2008 Coll. concluded between the Tenant and the Statutory City of Hradec Králové (hereinafter also the Contract of Lease). Therefore, if for any reason the relationship resulting from the Contract of Lease terminates, the relationship from the Contract of Sublease shall also terminate. The Tenant undertakes that during the term of the Contract of Sublease, the Tenant shall not unreasonably cancel the Contract of Lease, and that the Tenant shall exert any efforts to maintain the Contract of Lease in force throughout the entire term of the sublease.
However, if the relationship resulting from the Contract of Lease is terminated, the Subtenant undertakes to provide the Tenant with any necessary co-operation so that the Tenant will be able to meet its obligations resulting from the Contract of Lease (for example, to clear business premises, etc.).
6 Rights and Obligations of the Subtenant
6.1 The Subtenant is obliged to use the rented premises and all the property of the Tenant or the owner of the respective real estates with the care of a proper manager so that the property will be protected from damage beyond normal wear and tear.
6.2 The Subtenant is obliged to pay the rent and consideration for services in accordance with the provisions of this Contract in a proper and timely manner.
6.3 The Subtenant is obliged to notify the Tenant without undue delay of all identified hazards and defects of the equipment located in the building that may lead to damage as well as any defects requiring repair, and to provide the Tenant with the necessary co-operation to perform such repairs. The Subtenant is responsible for any increase in repair costs and damage to the Tenant if the Subtenant fails to fulfil its notification obligation in a timely manner.
6.4 The Subtenant is obliged to perform small repairs (up to CZK 500/repair) at its own expense in the business premises, and to bear the costs associated with the regular maintenance of the leased premises. However, if the Subtenant it is necessary due to the Subtenant’s fault to perform any modification or repair for any financial amount (except for small repairs under the previous sentence or regular maintenance), the Subtenant is obliged to pay the Tenant all the costs incurred by the Tenant due to the aforementioned.
6.5 The Subtenant undertakes to refrain from any actions that would or might interfere with performance of other enjoyment rights and rights of lease to the premises, in which the leased premises are located. Any interference with the rental, enjoyment and ownership rights of other persons in the facility, where the subject of the sublease is located, is inadmissible.
6.6 The Subtenant is responsible for any damage caused in the facility of the Science and Technology Park by the Subtenant itself, by its employees or other persons, to whom the Subtenant allowed access to such premises (for example, its contractors or customers).
6.7 The Subtenant is entitled to fit the leased premises with its own equipment, which shall be dismantled and removed from the leased premises after the lease termination at the expense of the Subtenant.
6.8 The Subtenant is obliged to maintain the leased business premises in a perfect and tidy condition at all times, with neat and august effect to visitors and other users of the facility.
6.9 The Subtenant is not authorized to carry out any repairs or modifications of the premises of the Science and Technology Park beyond the framework of regular maintenance and small repairs without the prior written consent of the Tenant. In marginal cases, it will be understood that the intended repair is beyond the scope of routine maintenance and/or small repairs.
6.10 The Tenant’s consent is also required to place any advertisement or information devices, boards, signs and similar items on the building and in the building outside the leased business premises.
6.11 The Subtenant undertakes to comply with all generally binding legal regulations and standards issued by the Tenant applying to use of the facility, particularly in regard to the area of fire safety and health protection at work, waste management standards, as well as other internal regulations of the Tenant provided they were or will be issued by the Tenant. For modification of the internal rules, Article 6.12 shall apply accordingly. The Subtenant assumes full responsibility for compliance with the occupational safety and health regulations, fire protection and hygiene regulations in the leased premises, and assumes full liability for their violation, including sanctions from the state administration authorities.
6.12 The Subtenant is authorized to issue the Rules of Operation for the Science and Technology Park and to regulate the rights and obligations of the subtenants within the normal daily operation of the Science and Technology Park. However, the Tenant is not entitled by the Rules of Operation to modify the provisions of this Contract or legal regulations, or to substantially limit the Subtenant in using the leased business premises. The Subtenant undertakes to observe such Rules of Operation on the condition that the Subtenant has been properly made aware of the contents of the Rules.
6.13 Furthermore, the parties have agreed that the Subtenant will not place or permit to place, use or permit to use, manage or permit to manage, and will not carry or permit to carry inside the leased premises any substances harmful to health, contaminating or polluting materials, poisonous substances or wastes, infectious materials, oil products, asbestos or asbestos-containing materials (except for a small amount of conventional cleaning agents). The Subtenant undertakes to indemnify, protect and defend the Tenant from any claims, actions or proceedings arising out or relating to any such hazardous materials, pollution, loss or damage. The undertaking specified in this paragraph shall survive termination of the sublease hereunder.
6.14 The Subtenant undertakes to only install and operate in the Science and Technology Park such technology, operation of which is permitted in the Czech Republic.
6.15 If it is necessary to carry out repairs and service work in the leased business premises, the parties will provide mutual assistance, and the Subtenant will allow the Tenant and any third parties upon its request to have immediate and absolutely unrestricted access to the premises in use.
6.16 The parties note that the Science and Technology Park is located in Hradec Králové airport area. Therefore, the Subtenant undertakes to make itself and all responsible staff (employees) aware of the provisions of the Airport Rules and Traffic Rules of Hradec Králové airport and other internal regulations applicable to operation of the premises, and is obliged to follow them without any reservations (the documents are available at www.lshk.cz). The Subtenant is liable for any damage resulting from or due to a breach of the Airport and/or Traffic Rules by the Subtenant.
6.17 The Subtenant undertakes to inform the Tenant about all persons who will be allowed to access the facility (entrance cards, keys). The Subtenant also undertakes to inform the Tenant about all persons who will be prevented from such access for various reasons. The Subtenant is obliged to return all equipment back to the Tenant within 14 days of such notice.
6.18 The right to file an application for consent to the registered seat location to the Tenant and to have its registered seat at Piletická 486/19, 503 41 Hradec Králové, if the Tenant grants the Subtenant the consent to the seat location. For a written consent to the location of the Tenant’s registered seat at the said address, the Subtenant undertakes to pay the Tenant a one-off fee of CZK 500.
7 Rights and Obligations of the Tenant
7.1 The Tenant undertakes to allow the Subtenant to adequately adapt the leased premises to suit the conditions of the Tenant.
7.2 The Tenant or the person authorized by the Tenant are entitled to enter the leased premises for inspection purposes in the presence of a person authorized by the Subtenant during normal business hours and upon prior notice given sufficiently in advance. The Tenant may only enter the leased premises without the presence of authorized persons of the Subtenant in the event of imminent delay in the case of a natural disaster or other urgent and emergency event.
7.3 The Tenant shall not be responsible for any damage incurred by the Subtenant in performing the Subtenant’s activities in the leased premises or in direct connection therewith, unless the damage arises as a result of a culpable breach of obligations resulting for the Tenant from this Contract or from the generally binding legal regulations.
7.4 The Tenant undertakes to maintain the facilities used for supply of energies and services in a good technical condition and to ensure their prescribed revisions.
7.5 If necessary, the Tenant shall provide the Subtenant with the necessary building documentation for the purpose of qualified processing of the project documentation prior to the technology installation itself by the Subtenant.
7.6 The Tenant is obliged to inform the Subtenant about:
· The planned interruption of the Tenant’s connection to facilities providing services (energies, etc.)
· Necessary intervention, repairs or revisions of the facility,
· All facts that would have any impact on functionality of the installed devices.
7.7 According to the second clause of the second sentence of Article 6.17, the Tenant is obliged to cancel all the authorisations of the persons to whom the access to the premises has been prevented by the Subtenant, and shall do so within 14 days of the Subtenant’s notice.
8
Covenants concerning performance of services provided in connection with the use of the business premises and their payment
8.1 The Tenant hereby provides the Subtenant for the period of the sub-rental relationship:
· The right of shared use of the common premises necessary for use of the subject of the lease, namely:
· WC on 2nd above-ground floor,
· Kitchen on 2nd above-ground floor,
· Shower on the 1st underground floor,
· Common premises such as corridors, staircases, copy centre, refreshments facilities, foyer, etc.,
· The right to use movable tangible property located in leased premises, whose inventory is included in Annex No. 4.
· The Subtenant is responsible for the entrusted movable property (see Annex No. 4), for destruction, alienation and any deterioration of the entrusted property located in the leased premises.
8.2 Furthermore, the Tenant will allow the Subtenant to make use of the performance usual in sublease of this type. These are the following:
· Energy (electric power, heating, water rate),
· Operating services of the building (overhead services by Technické služby HK, rainwater discharge, water rate and sewerage),
· Waste management for mixed and sorted household wastes,
· Basic weekly cleaning of the leased premises (carpet vacuum cleaning, dust wiping, litter bin emptying),
· Telephone system and ICT services (see Annex No. 2),
· Reception desk services (see Annex No. 3).
8.3 The price list of certain performances is provided in Annexes Nos. 2 and 3 hereto. The Subtenant is obliged to use the centrally provided services and is not entitled to negotiate them alone with third parties.
8.4 The amount of payment for centrally provided services is calculated based on the following rules:
Electric Power
Measured directly in the room: if the room is equipped with an independent secondary measurement system, the consumption shown by the respective meter will be billed to the Subtenant. If the secondary meter is shared by more rooms, the meter consumption will be divided among the subtenants of the respective rooms proportionally to power consumption of the installed appliances.
Common consumption: costs of lighting and operation of other technologies in the common premises (kitchenettes, toilets, air handling system...) are divided among the individual tenants proportionally to the number of employees.
Heating Fee
Deposit payment: monthly deposit amount is calculated based on actual consumption of gas, partly in the leased premises based on m2 area, partly in the common premises based on the number of the reported employees. The deposit calculation is based on the then current price of gas for m3 according to the supplier’s price list. Once a year, billing is made on the basis of the contractor’s invoice as the resulting invoice will always slightly differ from the calculated values.
The deposit amount directly traces the costs of heating and hot water. This means its is much lower in summer than in winter.
Services – facility operation (building’s operational services and overhead services)
Overhead services of Technické služby HK: fee for power supply reservation, fee for operation of water distribution system and sewage system. Based on invoice from Technické služby HK, the amount is re-invoiced to subtenants in the proportion to the leased number of m2.
Rainwater
Based on invoice from Technické služby HK, the amount is re-invoiced to subtenants in the proportion to the leased number of m2.
Water Rate and Sewerage
Measured directly in the room: if the room is equipped with the independent secondary measurement system, the consumption shown by the respective meter will be billed to the Subtenant. If the secondary meter is shared by more rooms, the meter consumption will be divided among the subtenants of the respective rooms proportionally to the number of employees.
Common consumption: water consumption in the common premises (kitchenettes, toilets) is divided among the individual tenants proportionally to the number of employees.
8.5 The Subtenant undertakes to pay the monthly summary invoice issued by the Tenant (issued in the subsequent calendar month) containing the utilised services and sub-rent. Also the gas consumption deposit shall be billed in these invoices. The Tenant shall perform the price billing at least once a year after receiving the billing from the gas supplier. The Tenant shall perform the billing, and shall notify the Subtenant of the billing result without undue delay after receiving all documents and invoices needed for the billing.
8.6 Invoicing of services specified in Annex No. 2 and 3 shall be made on the basis of price list of services (Annex No. 2 and No. 3) elaborated according to the price regulations applicable at the moment this Contract was entered into. The parties have also expressly agreed that in the event of a change in the prices of the contractors or circumstances decisive for the determination of the amounts of payment, the Tenant will be entitled to change the amount of the respective payments specified in the price list starting from the month, in which the reasons for the change occurred.
8.7 The Tenant performs many of the above mentioned services through Technické služby Hradec Králové (hereinafter also as “Technical Services”). Based on the contract concluded with the Technical Services, the Tenant is required to report to the said organization the number of employees in the Technological Centre facility. Therefore, the Subtenant undertakes that within seven days after concluding this Contract, the Subtenant shall report to the Tenant the number of persons who will work in the leased business premises, and to report to the Tenant any change in the number of such persons within seven days after such change occurs.
8.8 Prices quoted in this Contract do not include value added tax (unless expressly specified otherwise in individual cases). If the generally binding legal regulations impose the obligation to pay a value added tax from the respective price, such price will be automatically increased by the amount corresponding to the VAT rate. If the respective VAT rate changes, the price will be adjusted accordingly.
8.9 In excess of the framework of the said transactions, the Tenant shall provide additional services to the Subtenant, such as accounting and legal services, information and communication technology services, financial consultancy and subsidy consultancy, etc. These services are subject to a separate framework contract for provision of services to be negotiated between the parties.
9 Sub-rent
9.1 The Subtenant is obliged to pay the sub-rent to the Tenant. The amount of the monthly sub-rent for the leased premises is CZK 3845 per month exclusive of VTA. The aforementioned amount consists of the rental area price per m2 and price of services per m2.
The service price includes: reception desk, collection of wastes, cleaning, ESS, EPS, internet provision, repairs and maintenance, regular revisions, FP and OSH services, PCO facility surveillance, overhead services and backup source.
The Subtenant undertakes to pay the sub-rent monthly based on a summary invoice (Article 8.5) to the Tenant’s account number 254404419/0300 operated by Československá obchodní banka, a. Seller before the invoice maturity date.
Pursuant to Section 56a of Act No. 235/2004 Coll. on Value Added Tax, the rent (sub-rent) paid for the business premises is exempted from VAT. However the parties have agreed that VAT shall apply to the sub-rent according to this Contract for Sublease of Business Premises as allowed by Section 56a (3) of the Value Added Tax Act.
9.2 The Subtenant undertakes to pay by a wire transfer the bail bond into the aforementioned Tenant’s account, i.e. the amount corresponding to the agreed sub-rent for two months. The bail bond therefore amounts to (2x amount according to 9.1) 7690 CZK and will be paid within 10 days after signing this Contract. The bail bond shall be retained by the provider for the entire term of this Contract. By the signing this Contract, the Subtenant gives up right to interest accrued on the bail bond from the date of its payment to the Tenant until it is returned to the Subtenant, i.e. the bail bond shall be returned to the Tenant without any interest accrued.
The bail bond shall be returned without undue delay after the sublease termination, unless any Tenant’s receivable from the Subtenant is on record as of the same date. In the event that the Tenant will have any due receivable from the Subtenant on record at any time during the Contract term established based on this Contract or between the parties to the negotiated framework contract for provision of the services, the Tenant is entitled to set off such receivable against the deposited bail bond. By signing this Contract, the Subtenant gives its consent to set off any possible Subtenant’s debt against the paid bail bond as specified above. In the case of set-off, even a partial one, the Subtenant will be obliged to replenish the bail bond into the aforementioned Tenant’s account to the original amount within 10 days of the written request.
9.3 In the event that during the term of this Contract, the single European currency (EURO) is introduced in the territory of the Czech Republic, the parties have agreed that the amount of the sub-rent will be paid in EURO currency effective from the first day of the calendar month following introduction of EURO, according to the official exchange rate between the Czech crown and EURO declared for this purpose by the Czech National Bank.
10 Sanction Provisions
10.1 If the Subtenant fails to pay the rent, services or any other financial obligation under this Contract in due time, the Subtenant will be obliged to pay the Tenant a delay charge of 0.1% daily calculated from the due amount. The aforementioned covenant is without prejudice of the Tenant’s right to any compensation of damage, including damage to full extent.
10.2 The Subtenant hereby acknowledges that if upon the expiration of the notice period or the agreed period the Subtenant fails to clear the business premises, it would be considered as an unauthorized use, and for such case the Subtenant considers fair and justified to have the Subtenant’s property removed by the Tenant in the presence of a third party, to secure it to the necessary extent against damage, and to take other appropriate measures to prevent the Subtenant from unauthorized use of the business premises or, where appropriate, so that the Tenant may continue to commercially utilise the premises.
10.3 If the procedure under paragraph 2 of this Article is applied, the Tenant will be entitled to receive from the Subtenant any costs associated with the aforementioned procedure as well as the compensation of the incurred damage.
10.4 The parties shall be mutually liable for any damage incurred to either of them due to violation of the provisions of this Contract or the generally binding legal regulations by the other party. The parties have expressly agreed that the Tenant will have the right to claim damages in addition to delay charge.
10.5 The Tenant assumes no responsibility for any damage caused by power supply failure on the side of the contractual supplier, and for damage to property of third parties caused by such failure as well as for any damage incurred to the Subtenant and to any third parties as a result of an emergency interruption or limitation of supply of energy and other performances. The Tenant will inform the Subtenant in advance about the planned shut-downs, with the dates of the shut-downs of the performance provided by the Technical Services are published on the website www.tshk.cz.
10.6. In the event that the Subtenant breaches its obligation to re-register its registered seat to another address (Article 5.5 of this Contract), it will be obliged to pay the Tenant a contractual fine of CZK 300 for each day of delay in performing this obligation. The Subtenant declares that it is aware of its obligation to re-register the registered seat to another address and therefore, in view of the importance thereof, the Subtenant considers the aforementioned contractual penalty as reasonable. The covenants concerning the contractual penalty contained anywhere in this Contract are without prejudice of the right to compensation for the incurred damage, namely for compensation of damage in full amount.
11 Insurance
11.1 The Subtenant is obliged to conclude insurance policy at its own costs against any damage that the Subtenant might cause to the equipment of the Science and Technology Park.
12 Final Provisions
12.1 Any disputes arising out of the sublease of the business premises shall be preferentially settled by the parties by negotiations and consent within the meaning of the purpose agreed upon by this Contract and to the extent arising from its content. If no agreement is reached even after mutual negotiations, either party will have the right to refer the dispute to the court with local and subject-matter jurisdiction for resolution.
12.2 The Contract may only be changed by written amendments, sequentially numbered and signed by both parties. Unless otherwise specified in the specific provisions of the Contract, the relevant provisions of the Civil Code shall apply to the relationships of the parties.
12.3 If any provision of this Contract becomes invalid or ineffective, such fact shall not affect the validity or effectiveness of the other obligations agreed in this Contract, provided such invalid or ineffective arrangements are severable from the remaining provisions of the Contract. In such a case, the parties shall cooperate one with another and shall replace the invalid or ineffective provisions with a provision, which will be valid and effective.
12.4 The Contract has been executed in two counterparts valid as originals, of which each party shall receive one.
12.5 The following annexes form integral parts of this Contract:
Annex No. 1: Layout of the Building No. 19 (HK Airport)
Annex No. 2: Telephone System and ICT Services
Annex No. 3: Reception Desk Services
12.6 The parties declare that they have read the Contract before signing it, that the Contract has been entered into after mutual negotiations according to their true and free will, not under duress or under apparently disadvantageous conditions.
In Hradec Králové, 30.08.2018
..........................................................
..................................................
Ing. Ondřej Zezulák, Managing Director
Stuart Woodward James
TECHNOLOGICKÉ CENTRUM Hradec Králové, o. p. s.
Learn by Doing s.r.o.
As the Tenant
As the Subtenant
Annex No. 1: Layout of Building Indic. No. 486 (Facility No. 19 at the Airport)
Annex No. 2: Telephone System and ICT Services
IP Telephony in TECHNOLOGY CENTRE Hradec Králové (hereinafter “TC HK”)
Each TC HK client shall receive a telephone with the client’s own number (495077xxx). The rent to be paid for the telephone is CZK 100/month (exclusive of DPH).
The price list of voice solution is governed by the up-to-date tariff of O2 Business Profit (interval tariff quoting) available on https://www.cz.o2.com. Calls within TC HK facility are free of charge.
All outgoing calls outside TC HK facility must be dialled using “0” prefix. If you call the reception desk from a location within the facility, just dial three digits “111”, otherwise it is necessary to call the reception desk using “495077111.”
ICT Services in TC HK
All clients are allowed to have access to network and to internet. The clients have received their own VLAN segment with the reserved scope of IP addresses allocated through DHCP. By means of the central DNS server 10.2.4.10, forwarding queries to internet is secured. The client has the possibility to ask for the client’s own outgoing public IP address. The client defines the security policy by submitting a list of the required ports. The clients may use among others wi-fi wireless connection in the entire facility.
The services may be individually extended in excess of the basic ICT services. The scope of the services according to the current Tenant’s requirements shall be invoiced at the prices published in the price list.
The client is fully responsible for operation in the assigned segment, the client shall particularly ensure utilisation of the network in accordance with the applicable legislation and the general rules applicable to utilisation of CESNET network (www.cesnet.cz).
Price List of Services
In the table below, ICT services are specified with prices for TC HK clients. The above-quoted prices are exclusive of VAT.
The price list is applicable from 01/01/2009. TC HK reserves the right to change the prices.
BASIC SERVICES
Payment
Unit
Price for TC HK clients
Price for others
Internet connectivity – public WiFi, limited access
Free
Free
Internet connectivity 40 Mbps in/out (CESNET)
Included in price
Own outgoing fixed IP address
Included in price
Network protection services by firewall
Included in price
Own VLAN for LAN and WLAN; VPN through Cisco client
Included in price
Training of users, information about TCHK network services
Included in price
NAT inside – transfer to internal customer server
Installation
units
300
IP telephone – (each branch)
monthly
units
100
IP telephone – call fee
monthly
According to the current tariff O2 Business Profit
(V)-SERVER hosting
Payment
Unit
Price for TC HK clients
Price for others
- Lease of virtual SBS (2 vCPU, 1024 MB RAM, 20 GB data disc)
monthly
units
700
1500
http://www.microsoft.com/cze/windowsserver2003/sbs/evaluation/features/default.mspx
- Starting configuration MS Small Business Server 2003 Standard
Included in price
Included in price
- Regular OS backup
Included in price
Included in price
- Regular data backup (up to 20GB)
Included in price
Included in price
- Regular data backup (over 20GB)
monthly
10 GB
50
100
- CPU: other 2 vCPU
monthly
2 vCPU
100
200
- RAM: every 256MB in excess
monthly
256 MB
50
50
- Administration, modifications of backup plan
monthly
hour
300
1000
- Additional disk capacity for file data (SATA discs)
monthly
10 GB
100
150
- Additional disk capacity for transactional data (FC discs)
monthly
10 GB
150
200
- Supervision of services (according to scope)
monthly
server
from 50
from 100
- Lease of virtual server (OS to be supplied by the user)
monthly
units
700
1500
Basic configuration (2 vCPU, 1024 MB RAM, 20 GB data disc)
- Support in installation (included in price)
Included in price
Included in price
- Regular OS backup (included in price)
Included in price
Included in price
- Regular data backup (up to 20GB)
Included in price
Included in price
- Regular data backup (over 20GB)
monthly
10 GB
50
100
- CPU: other 2 vCPU
monthly
2 vCPU
100
200
- RAM: every 256MB in excess
monthly
256 MB
50
50
- Administration, modifications of backup plan
monthly
hour
300
1000
- Additional disk capacity for file data (SATA discs)
monthly
10 GB
100
150
- Additional disk capacity for transactional data (FC discs)
monthly
10 GB
200
300
PHYSICAL SERVER housing
monthly
units
600
1200
- Location of customer server in TC server room TC (rack, air-conditioning, power supply, gigabit ethernet)
- Data backup (daily)
monthly
10 GB
100
200
- Administration, modifications of backup plan
monthly
hour
300
1000
- Connection to SAN
monthly
HBA
200
300
- Additional disk capacity for file data (SATA discs)
monthly
10 GB
100
200
- Additional disk capacity for transactional data (FC discs)
monthly
10 GB
200
300
Client services
Payment
Unit
Price for TC HK clients
Price for others
- Station backup (daily – CDP)
monthly
10 GB
200
300
- Support to client stations
monthly
hour
200
Table1: ICT Service Price List
Annex No. 3: Reception desk services, other operational services
Reception desk in TECHNOLOGY CENTRE Hradec Králové (hereinafter “TC HK”)
All TC HK clients have the following reception desk services at their disposal: Reconnecting telephone calls, receipt and distribution of mail, registration of visitors to TC HK clients, booking of the meeting room and the conference hall, option to present the company on LCD panels, possible assistance in utilising the copy centre.
Copying, Printing and Fax Services
Multifunction device Develop ineo+ 451 is located on the first above-ground floor. Each user has its own access code assigned, based on which the utilisation of copy centre services is billed to the user. Fax number is 495 077 131. In the table below, ICT services are specified with prices for TC HK clients. The above-quoted prices are exclusive of VAT.
Halls rental price list
Unit
Price for TC HK clients
Price for others
Conference hall (about 40 persons)
hour
100
500
- Projection on canvas
Included in price
Included in price
- AV (sound system)
Included in price
Included in price
- Interactive table with projection
Included in price
Included in price
- In plasma TV in the lobby and at the reception desk
Included in price
Included in price
- Flip chart (paper sheets and markers)
80
100
- Data-video conference
hour
120
240
Standard theatrical layout of chairs; installation of tables or 2nd projection
Fee
80
150
Meeting room (max. 10 persons)
hour
50
150
- Plasma TV set
Included in price
Included in price
- Interactive table
Included in price
Included in price
- Flip chart (paper sheets and markers)
80
100
- Data-video conference
hour
120
240
Large hall (conference hall and meeting room combined) (about 70 persons)
hour
250
800
Assistance from a technician during the event
hour
200
300
COPYCENTRE services
Unit
Price for TC HK clients
Price for others
Copy, A4 black & white print
A4
1.20
1.50
Copy, A4 colour print
A4
6.00
8.00
Copy, A4 black & white print – own paper
A4
0.80
1.00
Copy, A4 colour print – own paper
A4
4.00
7.00
Copy, A5, A3, banner print = conversion according to A4
Paper A4 90g/m2 GLOSS
A4
0.50
0.70
Paper A4 135g/m2 GLOSS
A4
1.00
1.50
Paper A4 170g/m2 GLOSS
A4
1.50
2.00
Paper A4 250g/m2 GLOSS
A4
2.00
2.50
Paper A3 170g/m2 GLOSS
A3
3.00
4.00
Paper A3 250g/m2 GLOSS
A3
4.00
5.00
Paper A3 + 250g/m2 GLOSS (305x457mm)
A3+
5.00
6.00
Lamination A4
6.00
8.00
Lamination A3
12.00
16.00
Scanning
A4
1.00
1.00
FAX sending
A4 + telephone
1.00
1.00
FAX receiving
A4
1.20
1.50
Additional fee for equipment operating service
A4
1.00
1.00
Table2: Price List of Copy Centre Services and AV Technology
Facility Security
Each client has a key to the back (north) entrance above the staircase near the parking lot. The clients do not receive keys to the leased premises as the facility makes use of EAC system (Electronic Access Control). Each person has their own access card of EAC system assigned with the defined set of authorisations for entering the leased premises. If the access card is damaged by the client and is not operable, the Tenant is obliged to issue a new card to the client. The Tenant will charge the amount of CZK 200 (exclusive of VAT) for such replacement card.
If the respective premises are coded by ESS (Electronic Security System), the access by card is automatically blocked – EAC will reject any card. Each person has their own access code to ESS assigned with the defined set of authorisations for entering their own leased premises.
The client may make a change in the code applying the following procedure: enter the current code + enter, 8+ent, 1+ent, user+ent, change+ent, enter new code + ent, jump out using Esc key, verify by entering the new code.
Each client is obliged to secure their own leased premises upon leaving the facility, and to indicate not-presence in the facility on the table of the present persons. Anyone who leaves the facility as the last one is obliged to secure the entrance zones and the common premises in A1 group (halls, toilets, kitchenettes, staircases, etc.)
Annex No. 4: List of the Tangible Movable Assets
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