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Document colectat · Documentul de referință al rețelei feroviare 2026

Framework lease contract on the spaces for the adequate arrangement

Instituția sau publicația sursă
Documentul de referință al rețelei feroviare 2026
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26.09.2026 17:56
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hich the Contract was concluded, upon its termination or upon its rightful termination, the Lessee shall release and hand over the leased asset in good condition, together with all the investments and improvements performed during the carrying-out of the Contract, without any compensation, on the basis of a report concluded with the LESSOR; g) conclude a separate contract for the utilities, for a period of time equal to the validity period of the Lease Contract and pay them within the set-down deadline. The Lessee shall come within 5 working days from the conclusion date of the Lease Contract in order to conclude the utilities supply contract. j) notify the LESSOR in writing, at least 60 days in advance, in the case of the unilateral termination of the Contract; i) There shall be forbidden the assignment of the Contract or the utilisation of the premises leased under the Contract in common with third natural or legal persons without the express prior consent of the LESSOR; j) not carry out advertising and publicity actions without the express prior consent of the LESSOR; k) Without the prior written approval of the LESSOR, there shall be forbidden any transformations, new buildings or additions to the existing ones. In case of the non-compliance with this clause, the constructions and additions shall be removed upon the request of the LESSOR, at the LESSEE's expense, or shall be retained by the LESSOR, whereas the LESSEE shall have no right to claim damages; l) In case of destruction of the leased asset, out of the LESSEE'S fault, he shall pay to the LESSOR a compensation equal to its value, updated at the moment of the damage, and damages; m) permit the access of the LESSOR to the leased premises for the verification of the utilisation modality, in accordance with its destination; n) set up a Performance Bond in an amount equal to three times the monthly lease (lease value, VAT included) within 5 days from the tender awarding, an amount to be yearly updated, together with the increase in the lease, due to the annual renegotiation of the lease, or whenever the lease is changed, by maintaining the ratio corresponding to three leases. In the event of the non-compliance with the period of 60 days for the unilateral termination of the Contract by the LESSEE, the Performance Bond shall be retained by LESSOR; o) conclude a guarantee contract (as set down in the Annex), as a surety for the payment of the lease, within 15 days after the conclusion of the Contract. p) The LESSEE shall be liable for all the damages caused by fires to the leased premises, if he cannot prove that they were caused by unforeseen circumstances; q) The LESSEE shall defend the leased asset against misuse, and notify the LESSOR in due time with regard to any attempt of misuse. In the absence of such a notice, the LESSEE shall be liable for the damages incurred by the LESSOR; r) release the used premises when the interests of operating or modernizing the buildings or premises of the Lessor requires their release, within 5 days after the expiry of the notice period of 30 days. s) ensure public order in the area of the railway tracks. In the event of a complaint by the Transport Police with regard to the disruption of public order by the LESSEE's clients, the LESSOR shall reserve the right to invoke the rightful termination of the Contract; CFR Network Statement / 2026 ANNEX 36 Version: 15.0.0 Update: 15.12.2024 Pag: 7 / 11 Compania Naţională de Căi Ferate “CFR” S.A. România t) remove, upon the expiry of the validity period of the Contract, at its expense, the temporary constructions raised by it; u) comply with the Decisions of the Local Council at the level of local authorities as far as its duties and responsibilities for complying with the environmental conditions are concerned. Cap. VIII. FORCE MAJEURE Art. 16 Unless they have expressly provided otherwise, none of the Parties to this Lease Contract shall be liable for the non-compliance and/or improper compliance, totally or partially, with any obligation under this Contract, if the non-compliance or improper compliance with the relevant obligation was caused by force majeure as established by the competent authority. Moreover, war and general strike shall be considered force majeure. The Party invoking the relevant case (natural calamities, legal restrictions, etc.) shall promptly and fully notify the other Party with regard to its occurrence and take whatever measures are available to it in order to limit the consequences of that event. If, within 15 days from the date of its occurrence, the relevant case does not cease, each Party shall have the right to notify the other Party of the rightful termination of this Lease Contract, whereas no Party shall have the right to claim damages from the other Party. Cap. IX. OTHER OBLIGATIONS Art.17 The LESSEE shall bear the ratio, which is directly proportional to the areas used, of the costs incurred by the LESSOR for ensuring the security and sanitation services. Art.18 The tacit relocation shall not operate, the transfer or receipt of any amounts in the account of the LESSOR cannot have the effect of prolonging or amending its clauses. Art.19 Without other formalities, upon the expiry of the period of time for which the Contract was concluded, the LESSEE shall release the leased asset within 5 days. The leased premises shall also be released within the same period of time of 5 days upon the termination or expiry of the notice period of 30 days granted by the LESSOR. After the expiry of the 5-day deadline set down at paragraph 1, the LESSOR shall, without other formalities, evict the LESSEE, at the expense of the latter, and the LESSEE shall lawfully be in delay upon the expiry of the period of time for which the Contract was concluded, in accordance with Article 1523 of the New Civil Code. Art.20 The Parties shall precisely and in good faith execute this Contract. In accordance with the provisions of Article 1523 of the New Civil Code, “the debtor of the obligation to be complied with is in delay, by the effect of the law, as regards the compliance with the deadlines set down in the Contract, without any special notice in this regard.” Art.21 The LESSEE shall pay damages to the LESSOR for the period of occupying the site after the expiry of the period of time for which the Contract was concluded or upon the cease or termination of the Contract. The payment of damages shall not have the effect of tacit relocation and shall not affect the right of the LESSOR to evict the LESSEE in accordance with Article 19. These damages shall be equal to twice the monthly lease and the relevant VAT for each month until the release of the leased asset. Moreover, the LESSEE’s Performance Bond shall be retained. The payment of damages shall not affect the right of the LESSOR to initiate the eviction. CFR Network Statement / 2026 ANNEX 36 Version: 15.0.0 Update: 15.12.2024 Pag: 8 / 11 Compania Naţională de Căi Ferate “CFR” S.A. România Cap. X. SPECIAL CLAUSES ON THE EVICTION AND THE PROHIBITION TO USE THE LEASED ASSET BY THE LESSOR IF THE LESSEE DOES NOT PAY THE LEASE Art.22 If the LESSEE shall occupy the premises/the plot of land leased under this Contract, the LESSOR shall use the eviction procedure set down at Articles 1033-1048 of the New Civil Code. Art. 23 In the case of the non-payment of the lease for a period of time of more than 30 days from the due date of the invoice, the LESSEE shall release the occupied premises. Art. 24 If, within 2 working days from the receipt of the notice for the rightful termination of the Contract, the LESSEE does not comply with its obligation to release the leased asset, the LESSOR shall notify it through the bailiff, whereas the notice shall specify that, if the LESSEE does not come at the date, time and place set down in the notice for eviction, there shall be initiated the administrative eviction procedure against it in the presence of at least one witness who will sign the minutes for the eviction of the fixed assets from the precincts of the asset leased under the Contract, and in the presence of the representatives of CFR. Art. 25 If he is not present at the time, date and place set down in the notice specified at Article 24, the LESSEE’s assets shall be stored in a closed place, for which the LESSEE shall pay a storage charge at the level of CFR’s charges until they are taken away. The LESSEE shall be notified with regard to the storage place. Art. 26 If the LESSEE does not take its assets from the storage place during a period of time of more than 30 days, the LESSOR shall reserve the right to sell the assets within a public tender in order to recover the damages. If there were obtained at the tender amounts in addition to the damages caused to the LESSOR, the LESSOR shall transfer the additional amount to the bank account of the LESSEE. Art.27 In case that the LESSEE does not pay the outstanding debts representing the equivalent value of the lease/penalties, and there has been identified within the enforcement procedure no movable and immovable property to represent the purpose of an enforcement action, and the temporary construction built on CFR’s land (the value of the temporary construction shall be established by an assessor authorized by ANEVAR) could not be sold, the LESSOR can adjudicate by compensation (taking-over in exchange of the debenture) the temporary construction raised by it on the leased land. Cap. XI. CEASE AND TERMINATION OF CONTRACT Art.29 This Lease Contract shall cease by effect of the law, without the intervention of any court, in the following cases: a) upon the expiry of the period of time for which it was concluded; b) when during the contract duration, there appears a case of force majeure found out and invoked pursuant to Article 16 of the Contract; The Contract shall also cease upon the mutual agreement of the Parties. The Party invoking the termination of the Contract shall notify the termination cause to the other party by 15 days before the date on which it is to produce its effects. Art.30 The Contract shall be terminated by effect of the law, without the intervention of any court, commencing with the date of the notice sent by means of a letter with acknowledgement receipt, without a judiciary decision delivered in this respect, in the following cases: a) the non-performance, modification, in whole or in part, of the purpose of the Contract by the LESSEE or the change of the destination of the asset without the consent of the LESSOR; b) the failure to comply with the contract obligations; CFR Network Statement / 2026 ANNEX 36 Version: 15.0.0 Update: 15.12.2024 Pag: 9 / 11 Compania Naţională de Căi Ferate “CFR” S.A. România c) the failure of the future LESSEE to sign the premises handing-over report within 15 days from signing the Contract, the LESSOR retaining the Performance Bond as damages; d) the failure to set up the Performance Bond in accordance with Article 15 letter (n) or the failure to conclude the guarantee contract within the deadline set down; e) the non-payment of the financial obligations within 30 days from the due date; f) the failure to accept the annual renegotiation of the lease, by the ex-officio indexing, by increasing, of the lease with the inflation index corresponding to the group of the activities specific to the Contract and communicated by the National Institute of Statistics; g) if one party is declared be in payment default or went into liquidation or bankruptcy; h) the unilateral termination of the Contract by one of the Parties based on a prior notice of 60 days; i) when the interests for operating or modernising the buildings or premises of the LESSOR require their release; j) if the Lessee assigns, without the consent of the Lessor, or uses in common the premises leased under the Contract; k) the failure to perform the improvements within the deadline set down at Chapter III, whereas the improvements having been performed by the time of the termination shall be the property of the Lessor without any damages. l) the failure to pay the financial obligations for the utilities contracts within 30 days from the due date; In case of the unilateral termination or of the termination out of the fault of the LESSEE, the LESSOR shall retain the Performance Bond. The provisions of this article shall not exonerate the LESSEE from its liability if the termination of this Contract was caused by its fault. The termination shall have no effect on the obligations already due. The change by the LESSEE of the destination of the leased asset, in whole or in part, without the consent of the LESSOR, shall trigger the termination of the Contract by the exclusive fault of the LESSEE, and shall lead to its unconditional eviction, on its expense, whereas it shall have to cover the damages. The party invoking the cease or termination of the Contract shall notify to the other Party the cause of cessation/termination by 5 days prior to the date at which it is to produce effects. Cap. XII. DISPUTES Art.31 Any disputes that may arise between the Parties shall be amicably settled. If this is not possible, the dispute shall be settled by the court having jurisdiction at the headquarters of the LESSOR. The amicable settlement which has to be accepted expressly and in writing by both Parties shall be recorded in an addendum which is an integral part of the Contract. Cap. XIII. COMMUNICATIONS Art. 32 (1) Any communication between the Parties regarding the performance of this Contract shall be submitted in writing, with acknowledgment of receipt, to the addresses: For LESSOR ................................................................................................................................. For LESSEE .................................................................................................................................. CFR Network Statement / 2026 ANNEX 36 Version: 15.0.0 Update: 15.12.2024 Pag: 10 / 11 Compania Naţională de Căi Ferate “CFR” S.A. România (2) Any written document shall be registered both at the time of the transmission and at the time of the receipt. The communications between the Parties may also be transmitted by phone, telegram, fax or e-mail based on a written acknowledgement of the receipt of the communication Cap. XIV. FINAL PROVISIONS Art.33 The Tender Specifications, the Emergency Situation Convention and the Work Safety and Health Convention shall be an integral part of the Contract Art. 34 Any modification which occurs during the performance of the Contract with respect to the legal status and headquarters of the LESSEE shall be immediately notified to the LESSOR. Art.35 Any observations, corrections, changes or additions shall be performed only in writing, by means of addenda, in accordance with the regulations in force. As far as the mutual rights and obligations arising from this Contract are concerned, the Parties acknowledge their binding and enforceable force, including with regard to the handing- over of the asset leased to the LESSOR. The contract was concluded in three copies, 2 of them for the Lessor and one for the Lessee. Place ……………..………………………., date ……………………… . LESSOR, LESSEE, C.N.C.F. “CFR” – S.A. S.C. ………………………………… Regional Railway Branch ……………….. DIRECTOR, DIRECTOR/MANAGER, HEAD OF THE COMMERCIAL DIVISION, ECONOMIC SECTOR, LEGAL OFFICE, PERSON RESPONSIBLE FOR THE CONTRACT CFR Network Statement / 2026 ANNEX 36 Version: 15.0.0 Update: 15.12.2024 Pag: 11 / 11
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