COMMODATE CONTRACT
BETWEEN:
Art. 1. VASILE ION identified with identity card series RT, no 012345
issued by D.G.P.M.B. on the date of 1st of January 2000, PIN 1700101123456 and
VASILE ELENA identified with identity card series RT, no 123456 issued by
D.G.P.M.B. on the date of 1st of January 2000, PIN 1700102234567, spouses, with
residence in Bucharest, 100Lucretiu Patrascanu Boulevard , bl X10, entrance A, floor
3, flat 13, sector 3, as owners (according to the Sale-Purchase Agreement no. 3323/5
of 29th of July 1994) of the flat no. 10, situated in Bucharest, 6 Izvorul Rece street, bl.
B10, entrance B floor 6, sector 4, in capacity of LENDER IN COMMODATE
and
Art. 2. S.C. BEST ROMANIAN CONSULTING SRL, with reservation of
name no. 284103/ 21.06.2006, issue by the Trade Register related to the Bucharest
court of law, represented by POPESCU GEORGE, in capacity of Associate and
Administrator, identified with identity card series RD, no. 409898, PIN
1751230445566, in capacity of BORROWER IN COMMODATE
PURPOSE OF THE CONTRACT
Art. 3. The purpose of the contract is constituted by the use as registered office
by the borrower in commodate of the flat no. 12, situated in Bucharest, 6 Izvorul
Rece street, no. 6, bl. B10, entrance B floor 6, sector 4, under the property of the
spouses Vasile Ion and Vasile Elena, which the borrower in commodate undertakes
to use according to its destination.
TERM
Art. 4 . Lender in commodate grants to the borrower in commodate the right to
use the above-mentioned flat, as of the date of signing the contract for a period of 10
(ten) years.
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OBLIGATIONS OF THE PARTIES
Art. 5 Lender in commodate undertakes:
to give to the borrower in commodate for use the flat that makes the purpose
of this contract;
to reimburse to the borrower in commodate the expenses incurred for the
maintenance of the flat.
Art. 6. Borrower in commodate undertakes:
to use and maintain the flat, as a good owner;
to use the flat, according to the destination established by this contract;
to return on the date of termination the contract, the asset under loan.
LIABILITY
Art. 7. The Borrower in commodate is liable for the deterioration or loss –
totally or partially – of the asset, should it not be proved that the deterioration or
disappearance was caused by chance or that the deterioration is a consequence of use
according to the destination and without being guilty.
COMMINATORY DAMAGES
Art. 8. Should the borrower in commodate does not return the flat, at the end
of the contract, he is bound to pay to the lender in commodate, comminatory
damages amounting to 100 RON for each day of delay.
FORCE MAJEURE
Art. 9. The force majeure exonerates from liability the party that claims it.
The contracting party that claims the force majeure, can invoke it in front of
the other party provided that the latter was informed on the appearance of the force
majeure event within 5 days at the most from its occurrence, adding a confirmation of
a competent authority that should certify the accuracy and existence of the cause.
TERMINATION OF THE CONTRACT
Art.10. The contractual reports ceases by returning the asset in proper state at
the term provided for in the contract.
Art. 11. In case of non-compliance with the obligations by the borrower in
commodate, the lender in commodate may claim the termination of the contract.
LITIGATIONS
Art. 12. The litigations between the contracting parties, in case that they
cannot be settled by the competent legal courts.
This contract ws concluded today, on the 1st of September 2006 in 2 original
counterparts, from which one remains with the lender in commodate and one with the
borrower in commodate.
LENDER IN COMMODATE,
VASILE ION
VASILE ELENA
BORROWER IN COMMODATE,
SC BEST ROMANIAN CONSULTING SRL
represented by Associate
POPESCU GEORGE