SECOND AMENDMENT AGREEMENT
TO THE SUPPLEMENTARY AGREEMENT OF 29 MARCH 2023 TO THE LEASE AGREEMENT OF 28 MARCH 2017
entered into between
Neunteufel GmbH, FN 131077 k
Zollamtstraße 7, 4020 Linz
(hereinafter referred to as NTG)
as party of the first part,
and
Dynatrace Austria GmbH, FN 91482 h
Am Fünfundzwanziger Turm 20, 4020 Linz
(hereinafter referred to as Dynatrace)
as party of the second part
(NTG and DYNATRACE are together hereinafter referred to as the CONTRACTING PARTIES)
as follows:
1.RECITALS
1.1On 29 March 2023, NTG and DYNATRACE entered into that certain
Supplementary Agreement to the Lease Agreement of 28 March 2017 (hereinafter referred to as the SUPPLEMENTARY AGREEMENT);
1.2The coming into legal effect of the SUPPLEMENTARY AGREEMENT is subject to conditions precedent. Under the SUPPLEMENTARY AGREEMENT as originally entered into, if the conditions precedents had not been fulfilled by 30 September 2023 (hereinafter referred to as the LONG-STOP DATE) at the latest, the SUPPLEMENTARY AGREEMENT would have become null and void. By mutual amendment agreement signed on 2 August 2023, the CONTRACTING PARTIES pushed back the LONG-STOP DATE to 31 December 2023.
1.3By entering into this amendment agreement, the CONTRACTING PARTIES agree to once again push back the LONG-STOP DATE to 15 February 2024 in the SUPPLEMENTARY AGREEMENT. Except as set forth in Section 2. below, all other provisions in the SUPPLEMENTARY AGREEMENT shall remain in full force and effect and shall not be affected by this agreement.
1.4All definitions used in the SUPPLEMENTARY AGREEMENT shall apply to this agreement as well.
2.AGREEMENT
2.1The CONTRACTING PARTIES agree to amend the SUPPLEMENTARY AGREEMENT as follows (all changes or additions are shown underlined and in italics):
Clause C. Paragraph 2. of the SUPPLEMENTARY AGREEMENT shall read as follows: “Should the condition precedent as set out in Clause C. (1) not have been fulfilled by 15 February 2024 at the latest, and the lease agreement between the Landlord and the Tenant regarding a childcare facility/parking spaces located on plot no. 1154/4, located within EZ 541, KG Lustenau, which is subject to conditions precedent, not have come into legal force by 15 February 2024 at the latest, this Supplementary Agreement shall become null and void. In such an event, the Landlord undertakes to refund to the Tenant, by 29 February 2024, half of the stamp duties paid for setting up this Supplementary Agreement under the Austrian Fees Act [Gebührengesetz].
Should the condition precedent as set out in Clause C. (1), second indent, have been fulfilled in due time, the Landlord shall have the right to waive, by means of a unilateral declaration made prior to 15 February 2024, compliance with the condition precedent as set out in Clause C. (1), first indent, thereby making this Agreement come into legal effect.”
2.2The CONTRACTING PARTIES agree upon that Schedule ./2 of the SUPPLEMENTARY AGREEMENT shall be replaced by Schedule ./2 as attached to this Second Amendment Agreement. For clarification, the CONTRACTING PARTIES agree that for the purposes of possible adjustment of the lease payments according to Clause B.2. [I. A) (4)] of the SUPPLEMENTARY AGREEMENT, the rental space according to Clause B.1. [I. A) (1)] of the SUPPLEMENTARY AGREEMENT shall be relevant and not the space according to Schedule ./2 to this Second Amendment Agreement.
2.3All other provisions in the SUPPLEMENTARY AGREEMENT shall remain in full force and effect and shall not be affected by this agreement.
Linz, 21 December 2023
Location Date
| | | | | |
/s/ Hans Neunteufel
Neunteufel GmbH
FN 131077 k | /s/ Sandra Escher
Dynatrace Austria GmbH
FN 91482 h |