Exhibit 4.26
THIRD ADDENDUM
to Unprotected Tenancy Agreement
dated March 6, 2000
Made
and entered into on September 20, 2004
| BETWEEN: |
▇.
▇. ▇▇▇▇▇▇▇▇ INVESTMENTS AND ASSETS LTD.
PCN 51/253032/0 |
| |
KAMIM
INVESTMENTS AND ASSETS LTD.
PCN 51/273199/3
|
(hereinafter, jointly and severally: the “Landlord”)
(hereinafter: “NUR”)
| WHEREAS |
A
lease agreement was entered into between the Landlord and NUR dated March 6, 2000
(hereinafter: the “Lease Agreement”; all of the terms in
this Addendum shall bear the meaning ascribed to them in
the Lease Agreement, save where stipulated otherwise, in an
express manner, in this Addendum), pursuant to which NUR
leased the building situated in the Lod Industrial Zone in
its entirety, as defined in the Lease Agreement (hereinafter:
the “Premises”) from the Landlord; |
| AND WHEREAS |
According to clause 18 of the lease agreement, NUR is entitled to rent
out parts of the Premises by way of a sub-lease; |
| AND WHEREAS |
NUR makes no use of part of the second floor of the Premises; |
| AND WHEREAS |
NUR is interested in renting out to another lessee part of the second
floor of a total area of approximately 700 sq. m., with
the addition of 15 parking spaces on the lower parking
level (Floor -2) and warehouse space on the upper parking level (-1)
(hereinafter: the “Second Floor Area”), as detailed in the
plan attached as Appendix A to this Addendum (hereinafter:
the “Additional Tenant”); |
| AND WHEREAS |
NUR has asked for the Lease Agreement to be executed directly between
the Landlord and the Additional Tenant, and the Landlord
is prepared to execute a lease agreement directly with
the Additional Tenant; |
| AND WHEREAS |
The parties wish to determine between themselves all of the terms and
conditions that relate to the said rental, pursuant to the
provisions of this Addendum; |
WHEREFORE, IT IS
HEREBY AGREED AND WARRANTED BETWEEN THE PARTIES
AS FOLLOWS:
| 1. |
NUR gives its consent to the Landlord to rent out the Second Floor Area
commencing October 1, 2004 pursuant to a rental contract, a copy of which is
attached herewith as Appendix B to this Addendum, and between this date
and the termination of the rental according to the Lease Agreement the Second
Floor Area shall be removed from the definition of the “Premises” and
the provisions of the Lease Agreement shall cease to apply to the Second Floor
Area. |
| 2. |
The rental fees for the Second Floor Area shall be paid to the Landlord by the
Additional Tenant. |
| 3. |
The rental fees received by the Landlord from the Additional Tenant for the
period commencing October 1, 2004 and ending October 31, 2005 shall be deducted
from those rental fees that are actually paid by NUR under the Lease Agreement,
commencing August 1, 2003. The foregoing shall not derogate from NUR’s
obligation to pay the full rental owed under the Lease Agreement. |
| 4. |
The works for adjusting the Second Floor Area as agreed with the Additional
Tenant shall be divided between the parties in the following manner: |
| |
A. |
In
respect of the works on the Second Floor Area, NUR undertakes as follows: |
| |
1. |
To
provide one maintenance employee for up to 4 days to supervise the removal,
the assembly and the adjustment of part of the existing movable walls as
required by the Additional Tenant. |
| |
2. |
To
disconnect several communication lines from the side connected to the main
communications box and to transfer such lines to a specific point on the
Second Floor Area. |
| |
B. |
NUR
shall contribute the sum of US$6,000 + VAT to the cost of the adjustment
works. NUR and the Landlord shall offset this amount in the course of
their mutual accounting for the payment of the rental fees under the Lease
Agreement as stated above. |
| |
C. |
The
Landlord shall pay the Additional Tenant the sum of US$10,000 + VAT in
respect of its contribution to the cost of the adjustment works which the
Additional Tenant shall execute in the Second Floor Area. |
| |
D. |
Anything
found in the Second Floor Area shall belong to the Landlord. However, the
foregoing shall not derogate from the existing disputes between the parties
concerning the ownership of the movable walls situated in this area. |
| 5. |
Municipal taxes shall be paid to NUR by the Additional Tenant on a monthly basis
according to its relative share of the building pursuant to the terms of the
lease agreement between the Landlord and the Additional Tenant, which shall
contain an explicit provision mandating the Additional Tenant to perform the
said payments at NUR’s demand, and Nur shall be entitled to claim these
sums from the Additional Tenant. |
| 6. |
Electricity shall be paid by the Additional Tenant to NUR on a monthly basis on
a low voltage tariff basis at the relevant time using a meter which shall be
installed on the Second Floor Area pursuant to the provisions of the lease
agreement between the Landlord and the Additional Tenant, which shall contain an
explicit provision mandating the Additional Tenant to perform the said payments
at NUR’s demand, and NUR shall be entitled to claim these sums from the
Additional Tenant. |
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| 7. |
Management Fees – The Additional Tenant shall pay NUR, on a monthly basis,
for the period ending October 30, 2005, management fees in the sum of $1,000 +
VAT against presentment of a tax invoice according to the provisions of the
lease agreement between the Landlord and the Additional Tenant, which shall
contain an explicit provision mandating the Additional Tenant to perform the
said payments at NUR’s demand, and Nur shall be entitled to claim these
sums from the Additional Tenant. |
| |
It
is hereby clarified that the management fees until October 30, 2005 include the following
services: |
| |
(c) |
cleaning
of public areas, save for the services on the second floor which shall be
cleaned on a daily basis in the evening hours; |
| |
(d) |
electricity
in the public areas; |
| |
(e) |
electricity
for the air conditioning; |
| |
(g) |
fire
suppression care and maintenance. |
| 8. |
Should NUR decide to realize the option to which it is entitled under the Lease
Agreement for a further period after November 1, 2005, the Additional Tenant
shall pay NUR management fees as agreed between the two, and in the absence of
agreement its proportionate share of the actual costs of the management fees and
the maintenance of the building. |
| 9. |
Stamp duty, in so far as it shall apply to this Addendum, shall be paid by the
parties in equal shares. |
| 10. |
All the remaining terms and conditions of the Lease Agreement shall remain in
force. |
As testimony the sides
affix their signatures:
|
|
▇. ▇. ▇▇▇▇▇▇▇▇ Investments and Assets Ltd.
[Signature + Stamp]
Signature: ____________________________
Name: ▇▇▇ ▇▇▇▇▇▇▇▇
Position: Director
Kamim Investments and Assets Ltd.
[Signature + Stamp]
Signature: ____________________________
Name: ▇▇▇▇▇▇ Kaploi
Position: Director
|
NUR Macroprinters Ltd.
[Signature]
Signature: _____________________
Name: ▇▇▇▇▇ ▇▇▇▇
Position: CEO
[Signature]
Signature: _____________________
Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Position: CFO
|
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