AGREEMENT of AMICABLE SETTLEMENT

AGREEMENT OF AMICABLE SETTLEMENT OF CLAIMS
This Amicable Settlement Agreement (hereinafter referred to as the ”Agreement”), is entered

into this 19th day of June 2024, between the following parties:
Religious Cult of Evangelical Christians ”Salvation Army” of the Republic of Moldova,
registered in the State Register of Non-Commercial Organizations under no. 1015620001642,
having its headquarters at 5 G Alexandrescu Street, mun. Chisinau, Republic of Moldova,
with a bank account opened with BC Mobiasbanca - OTP Group S.A., bank code -
MOBBMD22, IBAN - MD12MO2251ASV26852847100, legally represented by Korenivska
Galina, citizen of the Republic of Moldova, born on 30 November 1971, residing at Crângului
Street, no. 12, ap. 26, mun. Chisinau, Republic of Moldova, identified by identity card No.
B02130186, issued by the Public Services Agency on 7 November 2022, personal
identification number 0971701482357 (hereinafter ”Salvation Army”),
and
”AKMEVEST” SRL, registered in the State Register of Legal Entities under no.
1003600009319, having its registered office at G. Alexandrescu no. 5, mun. Chisinau,
Republic of Moldova, with bank account opened at [-], bank code - [-], IBAN - [-], legally
represented by Oruntak Irina (hereinafter ”Akmevest”),
(The Salvation Army and Akmevest shall hereinafter be referred to individually as ”Party”
and collectively as ”Parties”),
WHEREAS, on 22.11.2021, the Salvation Army and Akmevest entered into the Lease
Agreement No. 2021/11-3 (hereinafter referred to as ”Lease Agreement”) under which the
Salvation Army leased to Akmevest the real estate property with the area of 38 m2, located on
the 1st floor of the real estate property located on G. Alexandrescu no. 5, mun. Chișinău,
Republic of Moldova (hereinafter referred to as the ”Leased Space”);
WHEREAS, the Tenant has not paid the rent and maintenance expenses for the Leased Space
in the amount of MDL 88,191.33, which debt has been accrued since autumn 2023;
WHEREAS, in addition to the payment of rent and maintenance expenses for the Leased
Premises, Akmevest owes the Salvation Army late payment penalties in the amount of
64,921.73 MDL, calculated in accordance with Article 2.6 of the Lease Agreement and the
countervalue of three months' rent and maintenance expenses in the total amount of 33,357.90
MDL, in accordance with Article 5.4 of the Lease Agreement.
WHEREAS, Akmevest was summoned by the Salvation Army regarding the payment of rent
and the application of late payment penalty in case of non-payment of rent on 06.12.2023 (no.
2023/ 12-02), 19.01.2024 (no. 2024/ 01-04) and on 07.02.2024 (2024/ 02-06);
WHEREAS, on 15.04.2024 Akmevest was notified of the Termination Statement (no. 2024/
04-08) terminating the Lease Agreement as of 20.04.2024;
WHEREAS, Akmevest has so far failed to honour its payment obligations under the Lease
Agreement;
NOW THEREFORE, in order to prevent a lawsuit and arising from the common and
voluntary will of the Parties, the following has been agreed upon:
1. REPRESENTATIONS AND WARRANTIES
1.1. The Parties represent and warrant that:
(i) they have all the powers necessary for the signature and valid conclusion of this
Agreement;
(ii) in signing this Agreement they have acted in good faith and have given valid and
unqualified consent;
(iii) all documents and information submitted at the conclusion of this Agreement are genuine
and valid.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 The Parties agree to enter into this Agreement for the purpose of preventing legal
proceedings as a result of Akmevest's non-performance of its obligations under the Lease
Agreement towards the Salvation Army.
2.2. In order to prevent legal proceedings as a result of Akmevest's non-performance of its
obligations under the Lease Agreement towards the Salvation Army, the Parties mutually
declare and undertake as follows:
2.2.1 Akmevest undertakes to pay to the Salvation Army, by bank transfer, the payment for
rent and maintenance expenses for the Leased Space in the amount of MDL 88,191.33, as
follows:
(i) by June 30, 2024 shall pay the payment for rent and maintenance expenses for the Leased
Space in the amount of MDL 44,095.00;
(ii) by 15 July 2024, it shall pay the rent and maintenance charges for the Leased Premises in
the amount of MDL 44,096.33.
2.2.2. If Akmevest does not perform its commitments under item 2.2.1 of the Agreement in
the amount and within the terms set forth therein, Akmevest undertakes, within 5 working
days from the moment of non-performance of at least one of the relevant commitments, to pay
to the Salvation Army, by bank transfer, in addition to the outstanding amounts of the
payments referred to in item 2.2.1, lit. (i) and (ii) of the Agreement:
(i) Late payment penalties in the amount of MDL 64,921.73;
(ii) Three months' rent and maintenance costs totalling MDL 33,357.90;
(iii) Payment of rent pro-rated for each day of occupancy of the Leased Premises
(commencing from the time of termination of the Lease until vacated and surrendered) and a
daily penalty equal to double the amount of rent and maintenance due for one day under the
Lease.
2.2.3. Within 2 working days of signing this Agreement, Akmevest undertakes to hand over
the Leased Space in good condition to the Salvation Army, taking into account the normal
wear and tear of the property, and to vacate the Leased Space of all its personal property.
3. EFFECTS OF THE AGREEMENT
3.1 This Agreement shall enter into force upon signature by the Parties.
3.2. By signing this Agreement, the Parties declare by mutual agreement that any claim or
potential dispute set forth in this Agreement shall be deemed to be settled upon the fulfilment
of the commitments undertaken in paragraph 2 of the Agreement.
3.3. Upon execution of this Agreement, neither Party shall be entitled to claim from the other
Party the performance of any other obligations in connection with the claim(s) or potential
dispute(s) settled by this Agreement.
4. FINAL PROVISIONS
4.1. This Agreement supersedes any oral agreement that has occurred prior to its signing.
4.2. This Agreement is concluded, in Romanian, in two original copies, one for each of the
Parties.
Religious Cult of Evangelical Christians

”Salvation Army” of the Republic of Moldova
___________________
Administrator: Korenivska Galina
”AKMEVEST” LTD.
___________________
Administrator: Oruntak Irina

AGREEMENT of AMICABLE SETTLEMENT

Uploaded by

Copyright:

Available Formats

AGREEMENT of AMICABLE SETTLEMENT

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

AGREEMENT of AMICABLE SETTLEMENT

Uploaded by

Copyright:

Available Formats

AGREEMENT OF AMICABLE SETTLEMENT OF CLAIMS

This Amicable Settlement Agreement (hereinafter referred to as the ”Agreement”), is entered

3. EFFECTS OF THE AGREEMENT

Religious Cult of Evangelical Christians

You might also like