The Loan Lease Agreement is a sophisticated financial instrument used in the Austrian market when parties seek to combine asset financing with leasing arrangements. This hybrid agreement type is particularly valuable when businesses or individuals need to acquire assets while maintaining financial flexibility. The document integrates elements of both loan and lease structures, providing detailed terms for financing, asset usage, maintenance, and eventual disposition. Under Austrian law, these agreements must comply with various regulations including the ABGB, BWG, and consumer protection laws where applicable. The Loan Lease Agreement typically includes comprehensive provisions for security, insurance, and risk allocation, making it suitable for high-value assets and complex commercial arrangements. This document type has become increasingly important in modern financing structures, particularly in equipment and vehicle financing sectors.
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1. Parties: Identification of the lessor/lender and lessee/borrower, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the loan lease
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Terms: Principal amount, interest rate, repayment schedule, and loan conditions
5. Lease Object: Detailed description of the leased asset(s) and their condition
6. Term and Delivery: Duration of the agreement, commencement date, and delivery terms
7. Payment Terms: Lease payments, payment schedule, method of payment, and late payment consequences
8. Use and Maintenance: Permitted use of leased assets, maintenance responsibilities, and condition requirements
9. Insurance and Risk: Insurance requirements, allocation of risk, and liability provisions
10. Security: Securities provided, including deposits, guarantees, or other collateral
11. Default and Remedies: Events of default, consequences, and available remedies
12. Termination: Conditions for termination, notice requirements, and consequences
13. Return of Assets: Conditions and procedures for returning leased assets
14. Governing Law: Confirmation of Austrian law governance and jurisdiction
15. Notices: Communication procedures and contact details
16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Purchase Option: Terms for optional purchase of leased assets at end of term - include when offering purchase options
2. Assignment and Subletting: Rights and restrictions regarding assignment or subletting - include for commercial agreements
3. Data Protection: GDPR compliance provisions - include when personal data is processed
4. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value agreements
5. Tax Provisions: Specific tax treatment and obligations - include for complex commercial arrangements
6. Environmental Compliance: Environmental obligations and warranties - include for assets with environmental impact
7. Intellectual Property: IP rights and restrictions - include when leased assets involve IP
8. Service Level Agreement: Maintenance and service standards - include when services are part of lease
1. Schedule 1 - Asset Description: Detailed technical specifications and condition report of leased assets
2. Schedule 2 - Payment Schedule: Detailed breakdown of loan and lease payments, including dates and amounts
3. Schedule 3 - Delivery Protocol: Format for documenting asset delivery and acceptance
4. Schedule 4 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
5. Schedule 5 - Maintenance Schedule: Required maintenance procedures and schedules
6. Appendix A - Return Conditions: Detailed specifications for acceptable condition upon return
7. Appendix B - Security Documents: Forms of any required security documents or guarantees
8. Appendix C - Service Level Requirements: Detailed service standards and metrics, if applicable
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