Preview | Lease Contract |


		Shaar Yokneam, Registered Limited Partnership
		Partnership No. 55-001466-6
		Through its managers, Mr. Zeev Sivan (I.D. 000685974) and Yitzchak Reich (I.D. 127198) who are authorized to sign and bind the partnership whose address for the purpose of this contract is the Shaar Hacarmel Complex, No. 5 Nachum Chat Street, Tirat Carmel And which will be referred to below for abbreviation purposes as The Landlord

		On the One Part

AND BETWEEN:

		Mellanox Technologies Ltd.
		Registered Company No. 51-276328-5
		Through Mr. Eyal Waldman (I.D. 56429095) who is authorized to sign and bind the Company whose address for the purpose of this contract is Tabor Building, Shaar Yokneam, Yokneam, which will be referred to below for abbreviation purposes as The Tenant)

		On the Second Part

WHEREAS:		The Landlord is the registered owner or Leaseholder, pursuant to the matter at hand, and exclusive holder of land with an area of approximately 62,000 square meters (hereinafter The Land) including complete lots and partial lots in Bloc 11098, to the exception of part of lots 21 and 82 which are not registered in the Landlords name and which Sultam Ltd. who sold the rights to the foregoing land to the Landlord undertook also to purchase them and transfer the ownership or leasehold rights thereof to the Landlord;

AND WHEREAS:		The land described above is in an area designated for industry pursuant to the local city zoning plan C/297;

AND WHEREAS:		The Landlord developed a detailed plan to establish an industrial park on the land or some of it known as Plan No. C/Bat/245 Yokneam Junction Industrial Park, that was approved by the local district construction and zoning committee, northern district and which obtained final validity with respect to Amendment No. 1 and which the

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		Landlord intends to continue to develop additional detailed plans, including but not limited to amendments and additions to the plan and amendment of the foregoing Amendment No. 1;

AND WHEREAS:		Inter alia the buildings to be constructed in the industrial park the Landlord is building on parcels 48, 49 as well as on lot no. 101 constituting part of parcels 50, 79 and 80 (partnership in land) in lot 11098 a high-tech industrial building known as the Hermon Building;

AND WHEREAS:		The Tenant is interested in leasing a net area of 3,332 square meters on levels 18.88 and 22.72 (on floors 4 and 5) of the Hermon Building, marked in yellow on the building plans attached hereto as Appendix A to this contract in order to operate its factory therein pursuant to the purpose of the lease as defined below;

AND WHEREAS:		The Tenants factory is an approved enterprise under the Encouragement of Capital Investments Law 5719-1959 an issue that constituted a material consideration by the Landlord to lease the premises to the Tenant and upon determining the rent and the terms of the lease;

AND WHEREAS:		The premises are located in a new building, which the construction thereof will be completed in 5762 (2001) and that therefore the Tenants Protection Law (Consolidated Version) 5732-1972 (hereinafter The Law) will not apply to the lease;

AND WHEREAS:		The Landlord is entitled and may lease the premises to others by such a manner and terms specified in this contract below;

AND WHEREAS:		The Tenant requires the premises for a limited period and this solely to conduct its business as a high-tech factory for the development, research and manufacturing of advanced technological products (above and below The Purpose of the Lease) from within the premises;

AND WHEREAS:		The Landlord declares that pursuant to the CBP and the building permit in relation to the Hermon Building a business as stated in the purpose of the lease can be conducted from within the premises;

AND WHEREAS:		The Landlord wishes to lease the premises to the Tenant and the Tenant wishes to lease the premises from the Landlord and all this by a lease that is not subjected to the various Landlord and Tenants Protection laws, including an unprotected lease pursuant to the Tenants Protection Law (Consolidated Version) 5732 -1972 and in accordance with the terms and provisions of this contract;


()		()
*Mellanox Technologies Ltd*		*Shaar Yokneam*
P.O. Box 86 Yokneam 20692		Limited Partnership
Tel: 04-9593244, Fax: 04-9593245

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AND WHEREAS:		The premises have never been leased to the Tenant and/or other tenants with key money and the Tenant and/or any third party never paid the Landlord key money and/or any other consideration to lease the premises and therefore it is stipulated and agreed between the parties that the various Landlord-Tenants Protection laws will not apply to the lease under this contract.

AND WHEREAS:		The Tenant is willing to lease the premises for the stipulated lease period and pursuant to the terms set forth in this contract below and to undertake to fulfill all the terms and provisions contained in the contract.

Therefore It Is Agreed and Stipulated Between The Parties As Follows:

General

The preamble above constitutes and integral part of this contract.

Definitions


2.	In this contract:

	The Landlord -	Shaar Yokneam, Registered Limited Partnership No. 55-001466-6.

	The Tenant-	Mellanox Technologies Ltd. (P.C./ 51-2763280-5).

	Area A or The Land -	The land with an area of approximately 62,000 square meters in Bloc 11098, including the parcels known as numbers 33, 34, 36, 37, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 and 50 (in their entirety) and some of parcels (areas) of the land known as numbers 21, 22, 23, 24, 30, 31, 32, 35, 38, 39, 79, 80 and 82.

	The Detailed Plan-	A detailed plan called Plan No. C/Bat/245 Yokneam Junction Industrial Park, that was approved by the district construction and zoning committee, northern district, on 18.09.95 and received final validity including but not limited to the amendments and additions that were and/or will be made to the foregoing plan with time and any detailed plan or other plan to be approved with time with respect to the Landlords areas of land.

	Industrial Park or The Project -	Industrial Park which the Landlord is establishing on Area A based on the detailed plan and which the Landlord will continue


()		()
*Mellanox Technologies Ltd*		*Shaar Yokneam*
P.O. Box 86 Yokneam 20692		Limited Partnership
Tel: 04-9593244, Fax: 04-9593245

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				to establish on additional areas pursuant to plans to be approved.

		The Building or Hermon Building -		A building for advanced industries (high-tech) the plans of which are attached to this contract as Appendix A, which is currently being built and will constitute part of the industrial park.

		Public Areas or Public Areas of the Building		All the areas of the building including all its floors to be determined and defined by the Landlord, from time to time as public areas serving all the building and tenants therein, including but not limited to stairwells, elevator shafts, utility rooms, engine rooms, electricity rooms and the rest of the rooms or areas containing facilities servicing all the building, access ways, corridors, hallways and all other areas provided that they are not located or designated to be uniquely occupied by one of the tenants or users of the building.

				The Landlord will occasionally be entitled to add to the public areas of the building or derogate from the areas and make them available for the exclusive use of a specific tenant or user provided that the public areas of the building will always be areas serving or designated for the use of all the tenants and occupiers of the building or a specific floor therein.

		The Premises -		The premises described in Section 7 below to this contract.

		The Management Company -		The Landlord itself or a company to be established by the Landlord or which the Landlord engages in a contract with to manage, maintain and render services to the industrial park and/or to the building, or a company which the Landlord grants the management, maintenance and rendering of the foregoing services to and all pursuant to the matter at hand and based on the Landlords exclusive and absolute choice and discretion.

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