Network Statement 2021 – July 2021 edition
ANNEXES TO SECTION 5 Annex 1 to Section 5 STANDARD FORM OF LEASE FOR RENTING RETAIL SPACE FOR SELF-SERVICE TICKET MACHINES AND/OR INFORMATION DESKS AND/OR TICKET VALIDATORS AT THE STATION OF .....
RETE FERROVIARIA ITALIANA – Società per Azioni – Ferrovie dello Stato Italiane Group – a “single-shareholder company” managed and coordinated by Ferrovie dello Stato Italiane S.p.A., under Article 2497 sexies of the Civil Code and Legislative Decree 112/15, with registered office at Piazza della Croce Rossa 1, 00161 Rome, Fiscal Code and Companies’ Registry of Rome No. 01585570581, R.E.A. no. 758300, VAT registration number 01008081000, hereinafter also referred to as “RFI”, represented by ……………. born in …………….. on ……………………, acting in his/her capacity as…………………….., by virtue of the powers vested in him/her under the (specify the details of the power vesting document in accordance with Italian practice, namely, the notarial details such as the so-called “repertorio” and “rogito” numbers) …………………, and
……………………….., with registered office at ……………, tax identification no., VAT registration no. …………….., and the Companies’ Registry registration no. ……………………….., REA no. ……………… - hereinafter also referred to as the “RU”, represented by …………………. born in …………….. on …………………….., acting in his/her capacity as …………………, by virtue of the powers vested in him/her under the ........................ dated .................... notarial file no. ..................
Hereinafter also referred to individually as the "Party" and jointly as the "Parties". Recitals: The RU and RFI have entered into [...] a Framework Agreement / Access Contract registered with file no. [ ] in the Repository of RFI agreements, (hereafter referred to as the “Agreement” [which refers to either a Framework Agreement or a network Access Contract]), concerning the rail infrastructure capacity / [access to and use of the rail infrastructure ] valid until [ …. ]. a1) [On [...], the RU submitted a request for railway capacity, in accordance with the rules laid down in the NS]4. b) b) On [ …. ], the RU requested ___ retail space(s) at the station of [ …. ], from RFI, for the purpose of installing self-service ticket machines / removable information desks / ticket validators. c) RFI is the owner and commercial manager of the railway station of [ …. ]. d) The NS contains the "Procedure for the allocation of retail spaces for self-service ticket machines and information desks (hereinafter referred to as the "Procedure")", consistently with which the Parties have agreed to an appropriate solution capable of meeting the RU’s needs. e) The Parties desire to enter into a Lease Agreement (hereinafter the "Lease"), under which RFI rents out to the RU the retail spaces better detailed hereunder. f) The Parties acknowledge and mutually agree that the said spaces shall be used exclusively for transport-related activities. NOW THEREFORE the Parties hereby covenant and agree as follows: a)
Article 1 RECITALS AND ATTACHMENTS The recitals above and the documents referred to herein, regardless of whether or not they are attached hereto, are made an integral and essential part hereof and incorporated herein by reference.
4
This recital is alternative to recital a) and should be introduced only if the RU has not yet concluded either a Framework Agreement or infrastructure Access Contract, but has presented a request for rail capacity. 145
