Commercial lease

Article [X] - Arbitration 1. Any dispute, difference or claim arising out of or in connection with this lease, in particular as to its conclusion, validity, interpretation, performance, amendment or termination, shall be finally settled by arbitration through the CONCORDA platform (www.concorda.ch), to the exclusion of the ordinary state courts and of the conciliation procedure. 2. The following are covered in particular: the payment of rent, ancillary charges and their statement of account, the return of the premises and the exit inspection report, defects in the leased object and claims for reduction of rent or for damages, security deposits and rent guarantees, as well as, within the limits of the applicable mandatory law, the challenge of the rent, the validity of the notice of termination and the extension of the lease. 3. The arbitration is conducted in accordance with the CONCORDA Arbitration Rules in force at the time proceedings are commenced, which form an integral part of this clause. The parties expressly exclude the application of Chapter 12 of the Federal Act on Private International Law (PILA), in accordance with article 176 paragraph 2 thereof, and submit the proceedings exclusively to Swiss domestic arbitration (art. 353 et seq. CPC). The arbitral tribunal is composed of a sole arbitrator. The seat of the arbitration is at Monthey. The language of the proceedings is French. The award is final and constitutes an enforceable title (art. 387 CPC), the remedies before the Federal Supreme Court remaining reserved (art. 389 et seq. CPC). 4. The arbitral tribunal applies the mandatory provisions of tenancy law. There remain reserved the matters which cannot be the subject of arbitration, in particular proceedings under the Debt Enforcement and Bankruptcy Act and acts reserved to the state authorities. 5. The parties agree that, at the request of a party, the arbitral tribunal may provide in its award that the party which fails to comply within the fixed time limit shall pay the other party a penalty per period of delay, the amount of which the arbitral tribunal fixes on an equitable basis according to the circumstances, without it being able to exceed a rate of 10 % of the amount in dispute per year, calculated pro rata temporis. This penalty is due irrespective of any loss (art. 161 CO); art. 163 para. 2 and 3 CO remains reserved.