Conditions of Common Areas’ Service

Batumi 01.08.2025

Next White LLC (ID 445539855), represented by Director Koba Devadze (personal number: 61001063803) hereinafter referred to as the Seller/Managing Company, from one hand and from the other hand, physical person LUIS FERNANDO SCHULTZ XAVIER DA SILVEIRA (Personal/Passport number: YE528452; Date of birth: 02/12/1988) hereinafter referred to as the Buyer/The Owner of the Apartment, act based on the laws of Georgia, enter into this agreement on the following:

1. General provisions

1.1. Constructed by NEXT WHITE LLC in Batumi, Mamuladze str. N27, the multi-apartment, multi-functional residential building (hereinafter referred to as the 'Residential House') requires ongoing maintenance of its infrastructure, exterior, interior, and other common property to ensure the smooth and comfortable accommodation of residents and guests.

1.2. As it is envisaged by the real-estate purchasing agreement, for provision of management, exploitation (maintenance-care) of the common property and necessary development services, the relationships between the managing company and the Apartment owner are regulated by the "service conditions of the common areas" (hereinafter referred as the "Agreement").

1.3. The parties agree, that the obligations envisaged by this agreement, represent an integral part of the real-estate agreement;

1.4. The apartment owner, financially participates in the common area service of the residential building as per the tariffs specified in the section 2.1. of this agreement;

1.5. Complete, or partial cancelation of this provisions, termination or violation, or another claim/ legal consequence, will not affect on the validity of the apartment purchasing agreement.

1.6. The managing company is entitled to approve the service conditions/regalement in the residential building unilaterally, including the behavioral rules of the bodies and regulations, that will regulate the issues related to the health and safety protection of the bodies accommodated in the residential building and other rules related to traffic of the customers, relationship with the reception, maintenance and repairment service, exploitation of elevators, parking, waste disposal, noise, disinfection, fire safety and other rules related to proper functionality of the residential building, also the sanctions raised from failure to comply with these rules, that will cause putting of apartment owners in unequal conditions and discrimination. Such rules and regulations will be sent to the apartment owners via E-mail and will also be placed at the visible place in the hall of the residential building.

2. Service price and payment conditions

2.1. In exchange of management, exploitation (maintenance) of the common areas and services for infrastructure of the residential building, the monthly remunerable fee by the apartment owner for the managing company, for the property registered under the individual ownership, amounts 1 USD per sq.m., including VAT, The payment obligation of which is calculated from the moment of actual service provision by the management company, about which the buyer is notified in writing via e-mail.

2.2. The 'Purchase price' will be paid in GEL at the equivalent exchange rate established by the National Bank of Georgia on the day of payment, unless the payment is made from a foreign country.

2.3. The apartment owner is obliged to remunerate the service fee fully once in a calendar month, no later than last day of the current month. The payment can be carried out as in non-cash form, by transferring the amount to the bank account of the managing company:

GE37TB7047536120100047(EUR)

GE37TB7047536120100047(USD)

GE55TB7047536020100095 (GEL),

Recipient: შპს „ნექსთ ჰოსფითალითი"/ "Next Hospitality" LLC

as well in cash from, as per the rule established by the managing company.

2.4. The apartment owner is obliged to remunerate the service fee envisaged by these provisions to the managing company, from the own incomes received based on the management agreement. This is possible only if the "Seller" is a party to both mentioned agreements, as well as if the amount received by the "Buyer" in a particular month in accordance with the "Management Agreement" exceeds the amount of services to be paid in accordance with this "Agreement" in the same month.

2.5. At the start of each month, the seller will provide a written notification of the current debt to the buyer via email.

2.6. The managing company is entitled to carry out the activity envisaged by the section 3.2. of this agreement for gaining additional incomes.

2.7. The managing company is entitled to change the volume of the fee for the service envisaged by the section 2.1 of this agreement (to increase or decrease) according to the commercial condition of the real-estate market in Georgia, but not more than 50% of the service fee determined by the section 2.1. of this agreement. The fee change by the 'Management Company' will be justified in writing.

3. Services provided by service

3.1. In order to provide the necessary services for management, exploitation (maintenance and care) and development of the common property, the managing company, with its own cots and material-technical means, within the common areas' service, is obliged to provide the following services:

a) Illumination of common areas;

b) Administrator service;

c) Cleaning of common areas (including yard);

d) Exploitation of common communication network (water pumps), sewage communication;

e) CCTV exploitation. The parties agree that, the system will record the video camera images of the perimeter area, accordingly the system does not include surveillance.

f) Security alarm service in administrative management;

g) Exploitation of elevators with card or other system.

3.2. Maintenance/taking care of the common areas and property, entitles the managing company, without a prior or post consents of the apartment owner:

a) To determine the services envisaged by the section 3.1. of this agreement unilaterally and make the relevant decisions;

b) To use the common property for advertising of the residential building or its own or other activity and/or for general advertising activity.

c) To issue the separate parts of the common area to the third bodies with the right of use for certain fee or free of charge.

d) To let the third bodies to place the things in the common property for the purposes of economic activity or without this;

e) To provide service to the third body by using of the common property;

f) To provide additional service to the third body by using of services intended for functionality of the residential building;

g) To use the common property or the services intended for functionality of the residential building for all other economic activities.

3.3. The apartment owner is not entitled to renovate the façade of the residential building, interior of the common areas, to change the installed equipment, inventory, including the design of the apartment entrance door.

4. Notification, communication, informing

4.1. The official notifications between the parties shall be carried out in written form, via phone, E-mail or via other communication means, as agreed by the parties. The notification is in force, since the other party receives it with confirmation. Any notification sent to the party shall be in Georgian, English or Russian language. The written notification will be deemed as received even in the cases, if the notification sent will be returned back to the sender due nonexistence of the recipient's location, or the recipient refuses to receive the notification, or avoids to receive it.

4.2. The notification sent on day off, or after 16.00 o'clock on working day will be deemed as received on the following day.

5. Violation of obligations

5.1. In case of violation of the obligations, the owner of the apartment, for the benefit of the managing company might be charged with the following types of penalties:

a) In case of violation of payment term of the amount envisaged by these conditions- 0,1% (zero, one) of the amount payable for each overdue day;

b) In case of violation of using the common areas/property according to the provisions of the section 3.2 of these conditions- 10 (ten) Gel for each violation day.

c) In case of notification of the managing company concerning the unilateral termination of the given conditions (despite the fact that the managing company agrees or not with the termination of the conditions), impose a fine of 3,000 (three thousand) US dollars.

5.2. The parties agree, that before payment of the due debts/penalties envisaged by these conditions, those privileges considered by these conditions will not be applied to the apartment owner. Accordingly, the apartment owner will be obliged to endure such possible discomfort, that will be resulted from this process. Such limitation includes but is not limited to: using of elevators in the residential building, service of the administrator and security service applicable in the residential building.

5.3. The managing company, for the benefit of the apartment owner, is charged with the following penalties: 10 Gel for every overdue day of breaching the intended use of the property as envisaged by this condition.

5.4. Payment of the penalty, does not release the breaching party from fulfillment of the imposed obligations in a due manner, if the penalty is charged due to the violation of the term for fulfillment the imposed obligation, or for undue fulfillment, also for remuneration of the damages incurred due to the violation of the imposed obligations.

5.5. If charging of the penalty occurs for non-fulfillment of the imposed obligations, then the creditor party of the agreement is entitled personally or by the help of third bodies/parties carry out such action, fulfilment of which was considered by the obligation imposed by the breaching party and to demand the breaching party to remunerate the costs incurred, provided that, according to the content of the violated obligation, fulfillment of the obligation personally by the creditor party or by any third party is allowed.

5.6. Based on these conditions, the creditor party is authorized, but not obliged, to demand payment of the imposed debt from the debtor party. The creditor party's request for a waiver from the debtor party is confirmed by a written request; otherwise, it is assumed that the creditor party did not request and did not receive the waiver as provided for in these conditions.

5.7. Since by this action, the architectural appearance of the residential building will be violated, none of the apartment owners have the right to place the informational board related to alienation, renting out or any business/social activity of the apartment, on the façade of the residential building. For each case of violation of the mentioned obligations, the managing company is entitled to charge the apartment owner with 100 (one hundred) Gel for each placement. Charging of penalty does not release the apartment owner from termination of the action against of the rule of placing the informational board. If the apartment owner delay termination of the action against of the established rules and will expiry the reasonable period determined for this, the managing company will be entitled to carry out such action by itself.

5.8. If the apartment owner roughly violates the conditions envisaged by these conditions, the managing company is entitled to terminate provision of services individually for the apartment owner, in addition to this, to turn off the infrastructural and service systems linked to the apartment. It is not allowed to use these sanctions for longer than the apartment owner does not terminate such actions.

5.9. In the event that the 'Buyer' is liable for a breach of contract and/or has a debt in accordance with the terms of this 'Agreement,' the 'Seller' is entitled, without additional consent from the 'Buyer,' to withhold/deduct the relevant amounts from the 'Management Agreement.' Consequently, the taxes stipulated by the 'Management Agreement,' which are payable by the 'Seller' as the 'Management Company,' will be reduced by the corresponding amount.

6. Agreement validity

6.1. The given agreement is in force for indefinite time.

6.2. Since the conditions related to management, exploitation (maintenance and care) of the common property and the services related to the residential building service development are agreed and signed by all the owners of the apartments, therefore the given conditions are interpreted as the common decision of the apartment owners concerning the provision of the services by the managing company according to these conditions.

6.3. The conditions of this agreement may be terminated/canceled based on the mutual agreement of the parties, made in written form, despite the fact that, has any of the parties violated certain obligations imposed under these conditions. If either party considers, that the other party has violated certain article, then the mentioned party is entitled to demand remedy of the violated obligation by the party, without having the right to terminate the conditions unilaterally.

6.4. The 'Terms of Service' may be terminated by the 'Seller'/'Management Company' upon 30 days' prior written notice to the 'Buyer,' irrespective of whether any party to the terms has breached any of its separate obligations under these terms.

7. Dispute resolution

7.1. The parties settle all the disputable issues raised from these conditions based on the mutual negotiations;

7.2. In case of failure to reach the agreement, the parties are entitled to apply to the court according to the location of the real-estate;

7.3. During discussion of disputable issue at the court, Georgian legislation will be used.

8. Changes to the agreement

8.1. If not otherwise determined by this agreement, any additions or changes to these conditions will be deemed as carried out, if they are made based on mutual written and signed agreement of the parties. Such addition/change is in force, from the moment of signing it by the party and registering accordingly. And if the changes or additions to the conditions, require registration in the public registry, such changes or additions will be in force, from the moment of registering it relevant registry service.

9. Other conditions of the agreement

9.1. Any notice or matter related to these Terms of Service shall be communicated in writing between the Parties. The sending Party is obligated to send the notice to the other Party in advance by mail or email to the electronic address specified for the Party in this Agreement. For the purposes of this Agreement, the Parties are responsible for providing each other with updated contact information. Notice sent to the address last known to the Party shall be deemed duly delivered, and the risk of failure to notify the other Party of a change in contact information shall pass to the other Party.

9.2. Those sections envisaged by this agreement, that grant certain right to any party of the agreement, using of such right does not give rise to any obligation of the other party of the agreement, if the given agreement does not establish such obligation expressly.

9.3. The rights and obligations of the parties are given in full in the terms and in case of dispute, either party, during determination of the rights and obligations, has the right to refer to those sections of these conditions, that envisage the obligations of the parties under the conditions.

9.4. In case of alienation of the apartment, all the obligations and rights under these conditions are transferred to every new vendee, without changes, for these purposes, the parties, together with the apartment purchasing agreement, register the obligations envisaged by the section 2.1. of these conditions in the public registry.

9.5. In order to simplify the relationships, the separate service agreement related to the common areas will be concluded between the managing company and the new vendee of the apartment, by the initiate of any party, the mentioned agreement will be based on the same conditions as referred in these conditions.

9.6. Other issues envisaged by the conditions, that are not regulated by this agreement, will be regulated according to Georgian legislation, meaning that, in case of any dispute, none of the parties will be entitled to refer that he/she was not aware of the legal acts or their separate norms or provisions.

9.7. In addition to the terms defined in this Agreement, terms in quotation marks have the meaning provided in the contract for the purchase of real estate (the 'Apartment') between the Parties.

9.8. The invalidity or illegality of any part or provision of this Agreement shall not affect the legality or validity of individual provisions or the Agreement as a whole. Additionally, for the continuity of the Agreement, the Parties agree to take all measures to replace the invalid provision with a valid one.

9.9. The Parties are exempt from fulfilling their obligations in the case of force majeure, under the same terms and conditions as stipulated in the real estate ('Apartment') purchase agreement concluded between the Parties.

9.10. It is composed in Georgian and English languages in 2 copies having the same legal force.

9.11. The conditions will come in force from the moment of signing it.

Signature of The Parties:

Seller/Managing Company

შპს „ნექსთ ვაით" LLC "Next White »

ს/კ i/c: 445539855

ტელ/Mobile Number: +995 514 11 11 11

ელ. ფოსტა/ E-mail: White@nexthotels.ge

დირექტორი / Director - კობა დევაძე / Koba Devadze

Buyer/Owner

ლუის ფერნანდო სჩულტზ ხავიერ და სილვეირა / LUIS FERNANDO SCHULTZ XAVIER DA SILVEIRA

ტელ/Mobile number: +995 597 04 90 28

ელ. ფოსტა / E-mail: lfsxs@mailbox.org