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Novation Agreement (Real Estate)
"I need a Novation Agreement (Real Estate) to transfer my company's rights and obligations under an existing office lease in Riyadh to our newly established subsidiary, with the transfer to be effective from March 1, 2025."
1. Parties: Identification of all three parties: (1) Original Party, (2) Outgoing Party, and (3) Incoming Party
2. Background: Details of the original contract, reason for novation, and brief description of the property
3. Definitions and Interpretation: Key terms including Property, Original Contract, Effective Date, and other relevant definitions
4. Novation: Core clause effecting the transfer of rights and obligations from Outgoing Party to Incoming Party
5. Transfer of Rights and Obligations: Detailed provisions regarding the transfer of specific rights and obligations
6. Release of Outgoing Party: Provisions releasing the Outgoing Party from future obligations while retaining liability for past actions
7. Consent and Acknowledgment: Original Party's explicit consent to the novation and acknowledgment of the Incoming Party
8. Property Details and Registration: Specific details about the property and requirements for registration with relevant authorities
9. Consideration: Details of any payment or consideration for the novation
10. Representations and Warranties: Standard and specific warranties from all parties
11. Shariah Compliance: Confirmation of compliance with Islamic law principles
12. Governing Law and Jurisdiction: Confirmation of Saudi law application and jurisdiction
1. Outstanding Payments: Include when there are existing payment obligations to be addressed
2. Third Party Consents: Required when additional third party approvals are needed (e.g., mortgagee consent)
3. Foreign Ownership Compliance: Include when any party is non-Saudi to address foreign ownership requirements
4. Property Management Arrangements: Include when there are ongoing property management contracts to be transferred
5. Transitional Provisions: Include when handover requires specific transitional arrangements
6. Tax Provisions: Include when there are specific tax implications to be addressed
7. Municipal Approvals: Include when specific municipal permits or approvals need to be transferred
1. Schedule 1 - Property Details: Detailed description of the property including title details, location, and specifications
2. Schedule 2 - Original Contract: Copy or key terms of the original contract being novated
3. Schedule 3 - Outstanding Obligations: List of any outstanding obligations or payments
4. Schedule 4 - Required Consents: List of required third-party consents and their status
5. Schedule 5 - Property Documents: List of relevant property documents to be transferred
6. Appendix A - Property Title Deed: Copy of the property title deed
7. Appendix B - Registration Requirements: Checklist of registration requirements and forms
8. Appendix C - Powers of Attorney: Any required powers of attorney for registration purposes
Authors
Original Agreement
Original Contract
Property
Effective Date
Completion Date
Original Party
Outgoing Party
Incoming Party
Transfer Date
Consideration
Title Deed
Registration Requirements
Relevant Authority
Municipal Approvals
Property Documents
Outstanding Obligations
Encumbrances
Existing Liabilities
Shariah Principles
Completion Requirements
Property Rights
Registration Office
Notary Public
Required Consents
Business Day
Confidential Information
Force Majeure
Governmental Authority
Intellectual Property Rights
Material Adverse Effect
Permitted Use
Real Estate Register
Related Rights
Security Interest
Title Documents
Transaction Documents
Working Hours
Zoning Requirements
Property Manager
Management Agreement
Transfer of Rights
Transfer of Obligations
Release and Discharge
Property Transfer
Registration Requirements
Consideration
Representations and Warranties
Indemnification
Shariah Compliance
Governing Law
Jurisdiction
Confidentiality
Costs and Expenses
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Further Assurance
Counterparts
Property Registration
Municipal Compliance
Title Warranties
Outstanding Obligations
Transition Arrangements
Dispute Resolution
Property Management
Insurance
Regulatory Compliance
Foreign Ownership
Tax Obligations
Real Estate
Construction
Property Development
Property Management
Real Estate Investment
Commercial Property
Residential Property
Industrial Property
Hospitality
Retail
Legal
Real Estate
Compliance
Operations
Asset Management
Property Management
Development
Investment
Corporate Services
Risk Management
Real Estate Manager
Property Development Director
Legal Counsel
Contract Manager
Property Manager
Real Estate Investment Manager
Compliance Officer
Real Estate Director
Asset Manager
Operations Director
Chief Legal Officer
Real Estate Transaction Manager
Development Manager
Portfolio Manager
Real Estate Administrator
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