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1. Parties: Identification of all three parties: Original Lessee (Existing Tenant), New Lessee (New Tenant), and Lessor (Landlord)
2. Background: Context of the existing lease agreement and reasons for novation
3. Definitions: Key terms used throughout the agreement, including 'Existing Lease', 'Effective Date', 'Property', etc.
4. Original Lease Details: Summary of the existing lease agreement being novated, including date, property details, and key terms
5. Novation: Core provision transferring all rights and obligations from Original Lessee to New Lessee
6. Effective Date: Specification of when the novation takes effect
7. Release of Original Lessee: Terms of release of the Original Lessee from future obligations
8. Assumption by New Lessee: New Lessee's explicit assumption of all lease obligations
9. Lessor's Consent: Formal consent of the Lessor to the novation
10. Continuing Obligations: Confirmation of continuing lease terms and conditions
11. Security Deposit: Handling of existing security deposit and arrangements for transfer or replacement
12. Representations and Warranties: Standard declarations by all parties regarding their capacity and authority
13. Costs: Allocation of costs related to the novation
14. Governing Law: Confirmation of German law as governing law
15. Execution: Signature blocks for all three parties
1. Outstanding Claims: Section addressing any existing claims or disputes, used when there are known issues to be resolved
2. Guarantees: Required when the original lease included guarantees that need to be replaced or transferred
3. Property Condition: Used when there needs to be formal acknowledgment of the property's condition at transfer
4. Assignment Restrictions: Include when there are specific restrictions on further assignment or transfer
5. Insurance: Required when specific insurance arrangements need to be transferred or renewed
6. Utilities and Services: Include when there are specific arrangements for utilities that need to be transferred
7. Maintenance Obligations: Used when there are specific maintenance responsibilities that need to be clarified
8. Break Options: Include when existing break options need to be addressed specifically
1. Schedule 1 - Original Lease: Copy or summary of the original lease agreement
2. Schedule 2 - Property Description: Detailed description of the leased property including any plans or drawings
3. Schedule 3 - Inventory: List of any fixtures, fittings, or equipment included in the lease
4. Schedule 4 - Outstanding Obligations: List of any ongoing obligations or pending matters
5. Schedule 5 - Condition Report: Current condition of the property at the time of novation
6. Schedule 6 - Payment Schedule: Details of rent, payment dates, and any other financial obligations
7. Appendix A - Required Consents: Copies of any third-party consents required for the novation
8. Appendix B - Security Documentation: Details of any security arrangements, guarantees, or deposits
Original Lease
Property
Effective Date
Completion Date
Lessor
Original Lessee
New Lessee
Lease Period
Permitted Use
Rent
Security Deposit
Operating Costs (Betriebskosten)
Lease Obligations
Outstanding Liabilities
Ancillary Charges
Common Areas
Building
Handover Date
Inventory
Original Guarantor
New Guarantor
Property Manager
Service Charges
Utilities
Insurance Requirements
Existing Improvements
Maintenance Obligations
Business Day
Working Hours
Existing Claims
Permitted Alterations
Security Interest
Notice
Transferred Rights
Assumed Obligations
Recitals
Definitions
Interpretation
Novation
Assignment
Transfer of Rights
Release and Discharge
Assumption of Obligations
Consent
Property Use
Rent and Payments
Security Deposit
Operating Costs
Insurance
Maintenance
Alterations
Access Rights
Utilities
Representations and Warranties
Handover
Property Condition
Liability
Default
Force Majeure
Notices
Costs
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Counterparts
Execution
Real Estate
Commercial Property
Retail
Manufacturing
Industrial
Office Space
Hospitality
Logistics
Healthcare
Education
Technology
Professional Services
Banking and Financial Services
Telecommunications
Legal
Real Estate
Facilities Management
Operations
Finance
Compliance
Risk Management
Property Administration
Asset Management
Corporate Services
Business Development
Legal Counsel
Property Manager
Real Estate Manager
Facility Manager
Corporate Counsel
Leasing Manager
Asset Manager
Operations Director
Chief Financial Officer
Commercial Director
Business Development Manager
Contract Administrator
Compliance Officer
Risk Manager
Real Estate Director
Property Administrator
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