Common use of Variable Lease Payment Clause in Contracts

Variable Lease Payment. The Variable Lease Payment under each Agreement shall include the cost of Additional Services provided by the Lessor to the Lessee under the relevant Agreement, as well as the costs and other expenses (administrative and other) incurred by the Lessor in connection with his/her performance of the Agreement, including but not limited to: 10.4.1 Those related to state registration, state technical inspection and de-registration of the respective Leased Item, if the Lessor has been forced to do so instead of the Lessee for any reason; 10.4.2 Those related to the insurance of the relevant Leased Item pursuant to clause 9 hereof, which shall be carried out by the Lessor thereunder and the payments (other than zero) for which are not expressly included in the Fixed Lease Payment pursuant to the relevant Payment Schedule, as well as the costs incurred by the Lessor as a result of a change in the insurance premiums related to such insurance of the said Leased Item by the relevant Insurance Company; 10.4.3 Those related to the fact that the amount paid by the Lessor in Rubles of the Russian Federation under the relevant Purchase and Sale Agreement for the Leased Item is less than the Cost of the Leased Item in Rubles of the Russian Federation stipulated in the relevant Agreement due to the increase in the Exchange Rate from the date of the abovementioned Agreement to the date of transfer of funds by the Lessor to the Seller in payment for the Leased Item under the relevant Purchase and Sale Agreement; and/or those related to the difference in the Cost of the Leased Item under the relevant Agreement and the Purchase and Sale Agreement due to the increase in the Cost of the Leased Item under the said Purchase and Sale Agreement; 10.4.4 Interest of [***] per annum on the positive difference between the advance paid by the Lessor to the relevant Seller under the relevant purchase and sale agreement for the Leased Item and the amount of the relevant Advance Lease Payment paid by the Lessee to the Lessor for the period between the date when the advance payment was paid by the Lessor to such Seller under the said purchase and sale agreement and the relevant Lease Term Start Date; the said Variable Lease Payment may be invoiced on a monthly basis if the delivery of the Leased Item lasts for more than one month; 10.4.5 Costs for sending any documents or other items to the Lessee (by courier or other post at the Lessor’s choice); 10.4.6 Other reasonable costs and other expenses incurred by the Lessor in connection with the performance of the relevant Agreement (subject to these General Terms and Conditions), including costs, penalties/fines and charges which the Lessee shall be obliged to reimburse or pay to the Lessor under these General Terms and Conditions and/or the relevant Agreement. The Lessor may not claim from the Lessee compensation for those costs under the Agreement which have already been paid by the Lessee in respect of the said Agreement. The Lessor shall be entitled at his/her discretion, based on the assessment of commercial feasibility, not to include any of costs in the Variable Lease Payment under any Agreement, even if such costs may formally be included by it in the Variable Lease Payment under such Agreement in accordance with these General Terms and Conditions.

Variable Lease Payment. The Variable Lease Payment under each Agreement shall include the cost of Additional Services provided by the Lessor to the Lessee under the relevant Agreement, as well as the costs and other expenses (administrative and other) incurred by the Lessor in connection with his/her performance of the Agreement, including but not limited to: 10.4.1 Those related to state registration, state technical inspection and de-registration of the respective Leased Item, if the Lessor has been forced to do so instead of the Lessee for any reason; 10.4.2 Those related to the insurance of the relevant Leased Item pursuant to clause 9 hereof, which shall be carried out by the Lessor thereunder and the payments (other than zero) for which are not expressly included in the Fixed Lease Payment pursuant to the relevant Payment Schedule, as well as the costs incurred by the Lessor as a result of a change in the insurance premiums related to such insurance of the said Leased Item by the relevant Insurance Company; 10.4.3 Those related to the fact that the amount paid by the Lessor in Rubles of the Russian Federation under the relevant Purchase and Sale Agreement for the Leased Item is less than the Cost of the Leased Item in Rubles of the Russian Federation stipulated in the relevant Agreement due to the increase in the Exchange Rate from the date of the abovementioned Agreement to the date of transfer of funds by the Lessor to the Seller in payment for the Leased Item under the relevant Purchase and Sale Agreement; and/or those related to the difference in the Cost of the Leased Item under the relevant Agreement and the Purchase and Sale Agreement due to the increase in the Cost of the Leased Item under the said Purchase and Sale Agreement; 10.4.4 Interest of [***] 25% (Twenty-five per cent) per annum on the positive difference between the advance paid by the Lessor to the relevant Seller under the relevant purchase and sale agreement for the Leased Item and the amount of the relevant Advance Lease Payment paid by the Lessee to the Lessor for the period between the date when the advance payment was paid by the Lessor to such Seller under the said purchase and sale agreement and the relevant Lease Term Start Date; the said Variable Lease Payment may be invoiced on a monthly basis if the delivery of the Leased Item lasts for more than one month; 10.4.5 Costs for sending any documents or other items to the Lessee (by courier or other another post at the Lessor’s choice); 10.4.6 Other reasonable costs and other expenses incurred by the Lessor in connection with the performance of the relevant Agreement (subject to these General Terms and Conditions), including costs, penalties/fines and charges which the Lessee shall be obliged to reimburse or pay to the Lessor under these General Terms and Conditions and/or the relevant Agreement. The Lessor may not claim from the Lessee compensation for those costs under the Agreement which have already been paid by the Lessee in respect of the said Agreement. The Lessor shall be entitled at his/her discretion, based on the assessment of commercial feasibility, not to include any of costs in the Variable Lease Payment under any Agreement, even if such costs may formally be included by it in the Variable Lease Payment under such Agreement in accordance with these General Terms and Conditions.