Common use of OBLIGATIONS OF THE LESSEE Clause in Contracts

OBLIGATIONS OF THE LESSEE. In addition to all those one attributable thereto by virtue of the other sections or rules applicable to this Agreement, the Lessee expressly assumes the following obligations as from the delivery of the Property with the Construction: a) to make, at its sole expenses, all repairs and costs required to maintain and preserve the leased Property in good condition, and not make any improvements or changes without the written authorization of the Lessor, and all those that the Lessee makes to the benefit of the Lessor, and the Lessee shall have no right to claim and/or be indemnified for them, in compliance with the express provisions of the sections herein. The Lessor shall not reject the improvements the Lessee wants to carry out in the Property with no grounds, so as not to impair the Lessee’s activities; b) to punctually pay all taxes, fees, contributions and services that encumber, or may encumber the leased Property in the future, such as property and Municipality tax; c) to punctually pay for the water, gas, electricity and other utilities related to the Property, and to deliver to the Lessor the respective evidences of payment or their copies – as applicable – within five (5) days from the Lessor’s request; d) to maintain all respective gas, electricity, water and other utilities that may be installed connected and operating and to pay for all reconnection costs, and respective fines for the services that are cut, interrupted or cancelled due to lack of payment or any other cause attributable to the Lessee; e) to pay all taxes, fees and contributions that encumber or may encumber the activity that the Lessee will perform in the leased Property, and to manage all authorizations, licenses and permits required for the agreed upon designation, assuming full responsibility for noncompliance with the rules applicable thereto; f) do not introduce in the leased Property animals or elements of any type that may cause losses or hazards to the leased Property or persons; g) to pay the value added tax, or any other similar tax, that encumber the rental fees corresponding to this Agreement, except for the stamp of this Agreement, which shall be shared between the Parties; h) to purchase, at its sole charge and cost, the following insurance: h.1) an insurance that covers, during the whole term of the lease Agreement and until the effective return, the leased Property against all risks that may affect it, including fire. The insured amount shall be informed in writing, through a reliable means, by the Lessee to the Lessor, and this amount shall be reasonable and subject to the approval of the Insurance Company; h.2) a civil liability insurance that covers all damages that third parties (either customers of the Lessee or not) and/or its assets may face due to circumstances linked to the use or destination of the leased Property and/or actions of third parties and/or Acts of God that affect the leased Property.

OBLIGATIONS OF THE LESSEE. In The Lessee shall be required, in addition to all those one attributable thereto by virtue of the its other sections or rules applicable to obligations specified elsewhere in this Agreement, to (i) pay the rents and respective Lease charges directly to whomever is entitled thereto and on the agreed-upon dates, (ii) use the Building and the Development for the purposes set forth in this Agreement, (iii) give notice to the Developer Lessor of any and all betterments to the Building, subject to the provisions of sub-item 14.1.1 (Betterment Notice) of this Agreement, (iv) return the Building upon expiration of the Lease in habitable conditions and in the conditions stipulated in this Agreement, (v) assume any and all responsibilities for the maintenance works relating to the preservation and maintenance of the Building, including environmental ones, as well as those intended to restore the conditions of use thereof, it being understood that it agrees, for such purpose, to perform the maintenance the facilities and equipment in accordance with the manufacturers’ recommendations and manuals, as well as the environmental maintenance of the Development, (vi) promptly fix any damage to the Development or to the Building facilities caused by the Lessee expressly assumes or by its employees, suppliers, or users, (vii) not alter the following obligations as internal or external structural layout of the Development without prior written consent from the delivery Developer Lessor or from the Assignee, in the event of Funding, (viii) immediately deliver to the Developer Lessor any process, fines, or notices relating to the Development issued by government authorities, (ix) pay, on or after the Date of Completion of the Property Work, all expenses relating to utilities installed on the Development, insurance premiums, and taxes directly relating to the Building (i.e. condominium charges, electricity, gas, water, sewage, and Urban Real Estate Tax (IPTU), among others) directly to the collection agencies and immediately send to the Developer Lessor, on a monthly basis, copies of the respective payment receipts, or proportionally, when such costs are already included in the condominium charges, (x) allow the inspection of the Building, upon prior agreement as to the date and time, by the Developer Lessor and by third parties, if the Development is offered to sale, provided that such Inspection may not interfere with the Construction: aoperations of the Lessee, (xi) to makeassume responsibility for the installations, at its sole cleaning, conservation, and painting of the Building, including hydraulic, electrical, mechanical, and safety equipment, as well as for firefighting installations and fire department inspections, (xii) fully comply with the internal regulations, (xiii) pay the ordinary condominium expenses, all repairs and costs required to maintain and preserve if applicable, (xiv) assume responsibility for the leased Property in good conditioninstallations, cleaning, conservation, and not make any improvements or changes without the written authorization painting of the LessorBuilding, shelves (if applicable), equipment (hydraulic, electrical, mechanical, and safety), and all those that other installations mentioned in the Building Specifications, on and after the date of delivery by the Developer Lessor and acceptance by the Lessee makes to the benefit of the Lessor, and the Lessee shall have no right to claim and/or be indemnified for them, in compliance with the express provisions of the sections herein. The Lessor shall not reject the improvements the Lessee wants to carry out in the Property with no grounds, so as not to impair the Lessee’s activities; b) to punctually pay all taxes, fees, contributions and services that encumber, or may encumber the leased Property in the future, such as property and Municipality tax; c) to punctually pay for the water, gas, electricity and other utilities related to the Property, and to deliver to the Lessor the respective evidences of payment or their copies – as applicable – within five (5) days from the Lessor’s request; d) to maintain all respective gas, electricity, water and other utilities that may be installed connected and operating and to pay for all reconnection costs, and respective fines for the services that are cut, interrupted or cancelled due to lack of payment or any other cause attributable to the Lessee; e) to pay all taxes, fees and contributions that encumber or may encumber the activity that the Lessee will perform in the leased Property, and to manage all authorizations, licenses and permits required for the agreed upon designation, assuming full responsibility for noncompliance with the rules applicable thereto; f) do not introduce in the leased Property animals or elements of any type that may cause losses or hazards to the leased Property or persons; g) to pay the value added tax, or any other similar tax, that encumber the rental fees corresponding to this AgreementWork, except for the stamp Irrelevant Punch List items, as well as for the maintenance of the installations against fire and future Fire Department inspections and other inspections required for the operations of the Lessee, in the latter case on and after the Lease Term Start Date, (xv) assume liability for any environmental losses attributable to the Lessee that may occur after the Building is occupied by the Lessee, (xvi) consent, if required, with the securitization process relating to the receivables arising from this Agreement, solely with respect to the assignment of the credits and to the measures inherent in such assignment as required by the Brazilian Securities Commission (the “CVM”), in accordance with the drafts normally used by the Developer Lessor in similar securitization processes, subject to the duty of the Developer Lessor, in such case, to give notice to the Lessee of the actual assignment thereof, in accordance with article 290 of the Brazilian Civil Code, and (xvii) provide, upon request from the Developer Lessor, with sufficient advance, to a credit rating (‘‘Rating”) agency selected by the Developer Lessor at its sole discretion and/or to the CVM the last three (3) annual statements of income and balance sheets and the organization chart of the Lessee and of the Surety for purposes of credit rating in connection with the securitization of the real estate receivables arising from this Agreement or issuance of other securities relating thereto, as well as provide such data on an annual basis so as to maintain the “Rating” of the transaction and comply with the applicable CVM regulations during the term of this Agreement, which shall be shared between the Parties; h) to purchase, at its sole charge and cost, the following insurance: h.1) an insurance that covers, during the whole term of the lease Agreement and until the effective return, the leased Property against all risks that may affect it, including fire. The insured amount shall be informed in writing, through a reliable means, by the Lessee to the Lessor, and this amount shall be reasonable and subject to the approval of the Insurance Company; h.2) a civil liability insurance that covers all damages that third parties (either customers of the Lessee or not) and/or its assets may face due to circumstances linked to the use or destination of the leased Property and/or actions of third parties and/or Acts of God that affect the leased Property.