The Lease & License Agreement is a specialized legal instrument used in South Africa when a property arrangement requires both traditional leasing elements and specific licensed rights or permissions. This document is particularly relevant in situations where a tenant not only needs to occupy a space but also requires specific operational or usage rights, such as in franchise locations, specialized retail operations, or technology-dependent facilities. The agreement must comply with South African property law, including the Rental Housing Act, Consumer Protection Act, and relevant licensing regulations. It combines standard lease provisions (such as rental terms, maintenance obligations, and property use restrictions) with specific licensing elements (such as operational rights, intellectual property usage, or specialized equipment operation permissions). This type of agreement is commonly used in commercial settings where the property use is intrinsically linked to specific licensed activities or rights.
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1. Parties: Identification and details of the Lessor/Licensor and Lessee/Licensee
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Grant of Lease: Specific terms of the lease, including property description and permitted use
5. Grant of License: Terms of the license being granted, including scope and limitations
6. Duration and Renewal: Term of the agreement and any renewal provisions
7. Rental and License Fees: Payment terms, amounts, and escalation provisions
8. Deposit: Details of security deposit requirements and handling
9. Maintenance and Repairs: Responsibilities for property maintenance and repairs
10. Utilities and Services: Provisions for payment and management of utilities and services
11. Use of Property: Permitted and prohibited uses of the property
12. Insurance and Liability: Insurance requirements and allocation of risks
13. Breach and Termination: Consequences of breach and termination procedures
14. Notices and Domicilia: Communication procedures and official addresses
15. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Subletting and Assignment: Include when subletting or assignment rights need to be addressed
2. Alterations and Improvements: Include when tenant modifications to the property need to be regulated
3. Operating Hours: Include for commercial properties with specific operating time restrictions
4. Environmental Obligations: Include when environmental compliance is particularly relevant
5. Intellectual Property: Include when the license involves IP rights
6. Competition Provisions: Include for commercial properties with trade restrictions
7. Force Majeure: Include when specific provisions for unforeseen events are needed
8. Option to Purchase: Include when giving the tenant an option to buy the property
1. Property Description: Detailed description of the property including plans and photographs
2. Rental and Payment Schedule: Detailed breakdown of rent, license fees, and payment dates
3. Condition Report: Documentation of property condition at commencement
4. House Rules: Specific rules and regulations for property use
5. Maintenance Schedule: Detailed maintenance responsibilities and schedules
6. Licensed Items: Inventory of items covered by the license
7. Fit-out Specifications: Details of any agreed tenant improvements or modifications
8. Service Level Agreement: Details of services to be provided if applicable
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Commencement Date
Common Areas
Confidential Information
Deposit
Effective Date
Emergency
Encumbrance
Equipment
Force Majeure
Initial Period
Intellectual Property Rights
Interest Rate
Lease
Lease Period
Licensed Activities
Licensed Area
Licensed Rights
Licensee
Licensor
Lessee
Lessor
Municipal Charges
Operating Hours
Parties
Permitted Use
Premises
Property
Rates and Taxes
Renewal Period
Rental
Schedule
Security Services
Service Charges
Signature Date
Termination Date
Utilities
VAT
Applicable Laws
Business Day
Commencement Date
Common Areas
Confidential Information
Deposit
Effective Date
Emergency
Encumbrance
Equipment
Force Majeure
Initial Period
Intellectual Property Rights
Interest Rate
Lease
Lease Period
Licensed Activities
Licensed Area
Licensed Rights
Licensee
Licensor
Lessee
Lessor
Municipal Charges
Operating Hours
Parties
Permitted Use
Premises
Property
Rates and Taxes
Renewal Period
Rental
Schedule
Security Services
Service Charges
Signature Date
Termination Date
Utilities
VAT
Clauses
Definitions and Interpretation
Grant of Lease
Grant of License
Duration
Rental and License Fees
Payment Terms
Security Deposit
Use of Premises
Licensed Activities
Maintenance and Repairs
Alterations and Improvements
Insurance
Utilities and Services
Access Rights
Assignment and Subletting
Health and Safety
Compliance with Laws
Environmental Protection
Intellectual Property
Confidentiality
Security
Force Majeure
Default and Remedies
Termination
Dispute Resolution
Notices
Governing Law
Indemnification
Warranties and Representations
General Provisions
Grant of Lease
Grant of License
Duration
Rental and License Fees
Payment Terms
Security Deposit
Use of Premises
Licensed Activities
Maintenance and Repairs
Alterations and Improvements
Insurance
Utilities and Services
Access Rights
Assignment and Subletting
Health and Safety
Compliance with Laws
Environmental Protection
Intellectual Property
Confidentiality
Security
Force Majeure
Default and Remedies
Termination
Dispute Resolution
Notices
Governing Law
Indemnification
Warranties and Representations
General Provisions
Relevant Industries
Real Estate
Retail
Commercial Property
Industrial
Hospitality
Technology
Entertainment
Education
Healthcare
Manufacturing
Telecommunications
Agriculture
Relevant Teams
Legal
Property Management
Operations
Facilities
Commercial
Risk and Compliance
Real Estate
Business Development
Asset Management
Contract Administration
Relevant Roles
Property Manager
Legal Counsel
Commercial Director
Facilities Manager
Operations Manager
Real Estate Manager
Compliance Officer
Business Development Manager
Franchise Manager
Asset Manager
Leasing Executive
Contract Administrator
Risk Manager
Property Developer
Commercial Lease Administrator
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