This Lease & License Agreement template is specifically designed for use under German law when parties need to combine property rental with associated usage rights or licenses. It is particularly relevant for commercial arrangements where the tenant requires both physical space and specific rights to operate their business, such as retail locations with brand licensing, manufacturing facilities with technology licenses, or office spaces with software/IT system usage rights. The document complies with German legal requirements, including the formal requirements of the BGB for lease agreements and incorporates necessary licensing provisions. It addresses key aspects such as rent and license fee structures, maintenance obligations, permitted uses, quality control, and risk allocation, while ensuring compliance with German commercial law and competition regulations.
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1. Parties: Identification and details of the contracting parties (Lessor/Licensor and Lessee/Licensee)
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Lease: Detailed description of the leased property/premises
5. License Grant: Scope and nature of the license being granted
6. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
7. Rent and License Fees: Payment terms, amounts, and adjustment mechanisms
8. Use of Leased Property: Permitted uses and restrictions on the leased property
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements
10. Insurance and Liability: Insurance requirements and allocation of risks
11. Assignment and Subletting: Rights and restrictions regarding transfer of rights
12. Confidentiality: Protection of confidential information
13. Representations and Warranties: Statements of fact and promises by both parties
14. Governing Law and Jurisdiction: Choice of German law and jurisdiction provisions
15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Security Deposit: Terms for security deposit if required
2. Utilities and Operating Costs: Allocation of costs for utilities and building operations
3. Intellectual Property Rights: Detailed IP provisions if the license involves significant IP components
4. Quality Control: Quality standards and control measures for licensed products/services
5. Environmental Provisions: Environmental responsibilities and compliance requirements
6. Force Majeure: Provisions for unforeseen circumstances preventing performance
7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws
8. Exit Rights: Special termination rights and procedures
9. Data Protection: GDPR and data protection compliance if personal data is processed
1. Property Description: Detailed description of the leased property including plans and photographs
2. Licensed Rights: Detailed description of licensed intellectual property or rights
3. Rent and Fee Schedule: Detailed breakdown of rent, license fees, and payment schedules
4. Service Level Agreement: Technical or operational requirements and service levels
5. Maintenance Schedule: Detailed maintenance responsibilities and schedules
6. Permitted Uses: Detailed description of permitted uses and restrictions
7. Form of Bank Guarantee: Template for bank guarantee if required
8. Handover Protocol: Template for property handover documentation
9. Building Rules: Building regulations and usage rules if applicable
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