Third, the CEO of the Maccabi Foundation, Yehoshua Zilonka, testified on this matter:
"In our agreement [the lease agreement with Liel Premium in Tax Appeal - Y.G.] it is written that there will be no uses [on the first floor - Y.G.] that serve the café, because we did not want dirt and noise and nuisance" [p. 805 of the transcript, lines 3-4]; "What appears in clause 13 [of the lease agreement with Liel Premium in a Tax Appeal - Y.G.], that the things related to the restaurant [and a café - Y.G.]... They won't be in this area of Maccabi Natural's stature. You have to understand, if you ever visit a Maccabi Complementary Medicine or Maccabi Natural Medicine clinic, the atmosphere that sleeps inside the clinic is very, very important, there is music, there are smells, it's part of the treatment... We asked that there be no things related to the restaurant [and the café - Y.G.]... In order to ensure the level of service and atmosphere and everything related to what we provide at Maccabi Natural" [p. 827 of the transcript, lines 8-28].
Fourth, Yakubov admitted in his cross-examination:
"Q. Didn't you have a written or oral agreement with Liel Premium regarding the services and the warehouse? A. No. Q. And you didn't pay a penny [rent to Liel Premium - Y.G.] for the services and for the warehouse? A. There was not" [p. 887 of the transcript, lines 21-25]; Q. But with Liel Premium? A. There were no negotiations" [regarding the use of the toilets and the warehouse on the first and J.G. floors], [p. 887 of the transcript, lines 17-18].
Fifth, even if Yakubov had an oral lease agreement with Moshe Zilberberg, which allowed the café to use the toilet and the warehouse on the first floor of the building, this agreement expired with the sale of the ownership rights of Zilberberg and his partners in Liel Premium Ltd.
Landau, Yakubov's partner, testified regarding the café's use of the warehouse and toilets on the first floor of the building: "I did not see a written agreement" [p. 864, line 9]; "Q. Was there a signed agreement regarding the use of the toilets on the second floor [first floor of the building - Y.G.]? A. Not known" [p. 858, lines 27-28].