Unassociated Document


     

    Translation
from Dutch

    
      


      This
translation can only be used in combination with and as explanation to the Dutch
text. In the event of a disagreement or dispute relating to the interpretation
of the English text the Dutch text will be binding. These general conditions are
subject to Dutch law. This tenancy is subject to Dutch Law.

      
        


      

      
        
 


      LEASE OF
OFFICE ACCOMMODATION

      
        and other
commercial accommodation within the meaning of Article 7:230A of the Civil
Code

        
          

        

      

      Model
established by the Real Estate Council (ROZ) on 30 July 2003.

      
        Alterations
to and use of this model are only permitted if the text filled in, added or
amended is clearly recognisable as such. Additions and amendments should
preferably be incorporated under the heading “special conditions”. All liability
for detrimental consequences of the use of the model is hereby expressly
excluded by the ROZ.

      

      
        

      

      


      The SIGNATORIES:

      


      Beleggingsmaatschappij Marcel B.V.,
currently located at Alphen aan den Rijn, Kortsteekterweg 61, 2407 AJ, legally
represented by mister J.A.W.J. Rimmelzwaan,

      


      hereinafter
referred to as “the Landlord”,

      


      registered
in the Trade Register under number 28045709

      represented
by de heer J.A.W.J.
Rimmelzwaan

      


      OCZ
Technology Group Inc., currently located at Delft, Kleveringweg 23, 2616 LZ,
legally represented by mister J.W.H. Struiksma,

      


      


      having
his (registered) address at: Kleveringweg 23, 2616 LZ, city Delft.

      hereinafter
referred to as “the Tenant”,

      


      registered
in the Trade Register under number 27277026

      represented
by mister J.W.H.
Struiksma

      


      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

       

      HAVE AGREED AS
FOLLOWS:

      


      
        The
Subjects, Intended use

         

      

      
        	
                1.1

              	
                The
      Landlord hereby lets to the Tenant and the Tenant hereby rents from the
      Landlord the office accommodation, hereinafter referred to as “the
      Subjects”, whose address is: Coenecoop
      89 B city Waddinxveen,

              


      

      


      
        Land
Register reference: The
Nederlands

      

      which
office accommodation is more particularly indicated on the sketch thereof
annexed as an Appendix to, and forming part of, this contract and initialled by
the parties and the official report on transfer, also initialled by the parties,
containing details of those systems and other provisions which do and do not
form part of the Subjects and also containing a description of the condition in
which the Subjects are handed over, supplemented by any photographs initialled
by the parties.

       

      
        	
                1.2

              	
                The
      Subjects are intended exclusively for use by or on behalf of the Tenant
      as  office space and
storage.

              


      

      


      
        	
                1.3

              	
                The
      Tenant shall not be permitted to allocate a different use to the Subjects
      than that detailed in 1.2 unless the Landlord has given prior written
      permission to do so.

              


      

      


      
        	
                1.4

              	
                The
      maximum permitted floor loading in the Subjects is not moor than
      constructive allowed.

              


      

      


      
        Conditions

         

      

      
        	
                2.1

              	
                The
      “GENERAL TERMS AND CONDITIONS FOR LEASE OF OFFICE ACCOMMODATION, and other
      commercial accommodation within the meaning of Article 7:230A of the Civil
      Code”, lodged with the Clerk of the Court in The Hague on 11 July 2003 and
      registered there under number 72/2003, hereinafter referred to as “the
      General Conditions”, shall form part of this contract. The parties are
      familiar with contents of these General Conditions. The Landlord and the
      Tenant have each received a copy of
them.

              


      

       

      
        	
                2.2

              	
                The
      General Conditions referred to in Clause 2.1 shall apply except
      insofar as expressly amended in this contract or insofar as their
      application is not possible in relation to the
  Subjects.

              


      

      


      Duration,
extension and termination

       

      
        	
                3.1

              	
                This
      contract is entered into for a period of 2,5 year(s), commencing
      on 1 June 2010
      and continuing up to and including 30 November
      2012.

              


      

       

      
        	
                3.2

              	
                This
      contract shall continue after the expiry of the period mentioned in 3.1
      for a consecutive period of  2,5 year(s), therefore
      up to and including 31
      May 2015. This contract shall thereafter continue for periods of
      5 year(s) at a
      time.

              


      

       

      
        	
                3.3

              	
                Termination
      of this contract shall be effected by notice of termination with effect
      from the end of a rental period, with a period of notice of at least one
      year.

              


      

       

      
        	
                3.4

              	
                Notice
      of termination must be given by bailiff’s service or by registered
      letter.

              


      

       

       

      
        	
                Landlord’s
      initials

              	
                Tenant’s
      initials

              
	
                2

              


      

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

      


      Rental,
Turnover Tax, Rent Review, Obligation for payment, Payment periods

       

      
        	
                4.1

              	
                The
      commencing rental for the Subjects amounts to € 29.500 per year (in
      words: twenty-nine
      thousand and five hundred
euro’s)

              


      

       

      
        	
                4.2

              	
                The
      parties have agreed that the Landlord shall charge Turnover
      Tax on the rental. If rental without Turnover Tax has been agreed, the
      Tenant shall be liable to pay to the Landlord a separate amount, in
      addition to the rental, as compensation for the loss suffered or to be
      suffered by the Landlord or his legal successors because the Turnover Tax
      on investment and development costs will not or no longer be deductible.
      The provisions of Clause 19.1 to 19.9, inclusive, of the General
      Conditions shall not then be
applicable.

              


      

       

      
        	
                4.3

              	
                If
      the parties have agreed to rental subject to Turnover Tax, the Landlord
      and the Tenant shall avail themselves of the opportunity to waive, on the
      basis of Information Note 45, Order of 24 March 1999, no. VB 99/571, the
      service of a joint option request for a rental subject to Turnover Tax. By
      signing the Lease Contract, the Tenant declares, also for the benefit of
      the Landlord’s legal successors, that it shall use the Subjects or cause
      them to be used continuously for purposes for which a complete or
      virtually complete deduction of Turnover Tax is available under Section 15
      of the Turnover Tax Act 1968.

              


      

       

      
        	
                4.4

              	
                The
      Tenant’s financial year runs from March  to
      February  inclusive.

              


      

       

      
        	
                4.5

              	
                The
      rental shall be reviewed annually as at 1 June, for the first
      time with effect from 1
      June 2011, in accordance with Clause 9.1 to 9.4 inclusive of the
      General Conditions.

              


      

       

      
        	
                4.6

              	
                The
      amount due by the Tenant for ancillary supplies and services provided by
      or on behalf of the Landlord shall be determined in accordance with Clause
      16 of the General Conditions. A system of advance payments with subsequent
      re-calculation shall be applied to these advance payments as detailed in
      said Clause.

              


      

       

      
        	
                4.7.1

              	
                The
      Tenant’s payment obligations shall
comprise:

              


      

       

      
        	
                 
      

              	
                -

              	
                the
      rental

              


      

       

      
        	
                 
      

              	
                -

              	
                the
      Turnover Tax if the parties have agreed on a rental subject to Turnover
      Tax

              


      

       

      
        	
                 
      

              	
                -

              	
                the
      advance payment for the ancillary supplies and services arranged by or on
      behalf of the Landlord, together with Turnover Tax due
    thereon

              


      

       

      
        	
                4.7.2

              	
                The
      Tenant’s obligation to pay Turnover Tax on the rental shall discontinue if
      the Subjects may no longer be let out subject to Turnover Tax, even though
      the parties have agreed that they should be. In such a case, the payments
      specified in the provisions of Clause 19.3 of the General Conditions shall
      be substituted for Turnover Tax and the advance payment specified in
      Clause 19.3, sub a, shall be set at 30% of the current
      rental.

              


      

       

      

        	
                Landlord’s
      initials

              	
                Tenant’s
      initials

              
	
                3

              


      

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

       

      
        	
                4.8

              	
                For
      every payment period of 3 month(s), the
      payments, on commencement of the Lease, shall
  be:

              


      

       

      
        
          
            
              
                	
                        -

                      	
                        the
      rental

                      	
                        €
      7.375,-

                      
	
                        -  
      

                      	
                        the
      advance payment for ancillary supplies and services

                      	 
      
	 
      	
                        arranged
      by or on behalf of the Landlord

                      	
                        €
  90,-

                      
	
                         

                      	 
      	 
      
	
                        TOTAL

                      	
                        €
    7.465,-

                      


              

            

          

        

      

      (in
words: seven thousand four
hundred and sixty-five euro’s. )

       

      
        	
                4.9

              	
                Taking
      into account the date of entry under the Lease, the Tenant’s first payment
      shall relate to the period from 1 June 2010 to 31 August 2010
      inclusive and the amount due for this first period shall be € 8.883,35. This amount
      is inclusive of
      Turnover Tax due in respect of the rental, but only if the parties have
      agreed to rental subject to Turnover Tax. The Tenant shall pay this amount
      on or before 1 June
      2010.

              


      

       

      
        	
                4.10

              	
                The
      periodical payments due by the Tenant to the Landlord under this Lease, as
      detailed in Clause 4.8, shall be paid in
      one sum, in advance, in euros and must be paid in full on or before the
      first day of the payment period to which they
  relate.

              


      

       

      
        	
                4.11

              	
                Unless
      otherwise stated, all amounts stated in this Lease Contract, and the
      General Conditions which form part of it, are exclusive of Turnover
      Tax.

              


      

      


      Supplies
and services

       

      
        	
                5.

              	
                The
      parties agree that the ancillary supplies and services to be arranged
      provided by or on behalf of the Landlord are as
  follows:

              


      

       

      
        	
              	
                -

              	
                monthly window
      cleaning;

              


      

       

      
        	
              	
                -

              	
                maintenance overhead
      door;

              


      

       

      
        	
              	
                -

              	
                remove weed in the outdoor
      area.

              


      

      


      Bank
Guarantee

       

      
        	
                6.

              	
                The
      amount of the bank guarantee specified in Clause 12.1 of the General
      Conditions is hereby established between the parties to be € 8.883,35, (in words:
      eight thousand
      eight
      hundred
      eighty-three and thirty-five
euro’s)

              


      

      


      Manager

       

      
        	
                7.1

              	
                Until
      the Landlord advises otherwise, the Manager shall be: The
      Landlord.

              


      

      


      
        	
                7.2

              	
                Unless
      agreed otherwise in writing, the Tenant should consult with the Manager on
      the contents of and all other circumstances pertaining to this
      Lease.

              


      

      


      Special
Conditions (in Dutch)

      


      
        	
                8.

              	
                Reservesleutels

              


      

       

      Huurder
en verhuurder komen overeen dat verhuurder een reservesleutel behoudt van het
gehuurde om in geval van calamiteiten, afwezigheid van huurder, toch het pand te
kunnen betreden.

       

       

      
        	
                Landlord’s
      initials

              	
                Tenant’s
      initials

              
	
                4

              


      

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

      


      
        	
                9.

              	
                Huurder
      verkrijgt toestemming van verhuurder voor het plaatsen van een rolluik aan
      de buitenzijde van de overheaddeur. De kosten hiermee verband houdend zijn
      voor rekening van huurder. Tevens is huurder zelf verantwoordelijk voor
      een eventuele vergunning zijdens het bevoegd
  gezag.

              


      

      


      
        	
                9.1

              	
                Verhuurder
      zal voor haar rekening, voor zover nodig, in overleg met huurder enkele
      systeemplafond platen vervangen.

              


      

      


      
        	
                9.2 

              	
                Verhuurder
      zal voor haar rekening het bestaande tapijt (laten)
    reinigen.

              


      

      


      
        
          	
                  Place,...........................

                	 
      	
                  Place,.........................

                
	
                  Date,...........................

                	 
      	
                  Date,........................

                
	
                  Signature(s)
      for Tenant(s)

                	 
      	
                  Signature(s)
      for Landlord(s)

                
	
                  OCZ
      Technology Groep Inc.

                	 
      	
                  Beleggingsmaatschappij
      Marcel B.V.

                
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	 
      	 
      
	
                  De
      heer J.W.H. Struiksma

                	 
      	
                  De
      heer J.A.W.J. Rimmelzwaan

                


        

      

      


      


      


      Separate
signature(s) of the Tenant(s) (each) acknowledging receipt of a copy of the
GENERAL TERMS AND CONDITIONS FOR LEASE OF OFFICE ACCOMMODATION and other
commercial accommodation within the meaning of Article 7:230A of the Civil Code,
as specified in Clause 2.

      


      Signature(s)
of Tenant(s):

       

       

       

       

      
        
          
            
              
                	
                        Landlord’s
      initials

                      	
                        Tenant’s
      initials

                      
	
                        5