The Lease & License Agreement is designed for situations where parties need to establish both a property rental relationship and associated usage rights under Swiss law. This document is particularly relevant when leasing commercial or specialized spaces that come with specific equipment, software, intellectual property, or other rights that require licensing. It addresses the requirements of the Swiss Code of Obligations (particularly Articles 253-274g), cantonal property regulations, and federal licensing laws. The agreement is commonly used in technology parks, research facilities, commercial complexes, and specialized industrial spaces where the tenant requires both physical premises and rights to use specific assets or systems. The document provides comprehensive coverage of both lease elements (such as rent, maintenance, and property use) and license components (including usage rights, restrictions, and fees), ensuring legal compliance while streamlining the contractual relationship between parties.
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1. Parties: Identification and details of the lessor/licensor and lessee/licensee
2. Background: Context of the agreement, including description of the property and licensed items/rights
3. Definitions: Key terms used throughout the agreement
4. Property Details: Detailed description of the leased property and its condition
5. License Grant: Scope and nature of the license being granted
6. Term and Renewal: Duration of the agreement and renewal conditions
7. Rent and License Fees: Payment terms, amounts, and scheduling for both lease and license components
8. Use of Property and Licensed Items: Permitted uses and restrictions
9. Maintenance and Repairs: Responsibilities for property maintenance and repairs
10. Insurance and Liability: Insurance requirements and allocation of risks
11. Termination: Grounds and procedures for termination
12. Return of Property: Conditions for property return at lease end
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and dispute resolution
14. Miscellaneous: Standard boilerplate provisions
1. Subletting and Assignment: Include when subletting or assignment rights are to be addressed
2. Alterations and Improvements: Include for commercial properties where modifications may be needed
3. Environmental Compliance: Include for industrial or commercial properties with environmental risks
4. Intellectual Property Rights: Include when the license involves IP rights
5. Data Protection: Include when personal data processing is involved
6. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
7. Service Level Agreements: Include when the license includes maintenance or support services
8. Competition Compliance: Include when license terms could affect market competition
1. Property Plan: Detailed plans and drawings of the leased property
2. Inventory List: List of furniture, equipment, or other items included in the lease
3. Licensed Items Schedule: Detailed description of licensed items or rights
4. Rent and Fee Schedule: Breakdown of rent and license fee calculations
5. Maintenance Schedule: Detailed maintenance obligations and schedules
6. Insurance Requirements: Specific insurance requirements and coverage levels
7. House Rules: Building or property specific rules and regulations
8. Form of Bank Guarantee: Template for required bank guarantee or security deposit
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Relevant Industries
Real Estate
Technology
Manufacturing
Retail
Healthcare
Education
Hospitality
Professional Services
Research & Development
Industrial
Entertainment
Biotechnology
Relevant Teams
Legal
Real Estate
Facilities Management
Operations
Finance
Risk & Compliance
Property Management
Asset Management
Business Development
Corporate Services
Relevant Roles
Real Estate Manager
Property Manager
Legal Counsel
Contract Administrator
Facilities Manager
Operations Director
Chief Financial Officer
Risk Manager
Compliance Officer
Asset Manager
Business Development Manager
IP Manager
Commercial Director
General Counsel
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