The Commercial Sublease Agreement is utilized when a commercial tenant wishes to transfer their leasehold rights partially or entirely to another business entity while maintaining their original lease agreement with the landlord. This document is essential in the Swiss commercial real estate market, where businesses often need flexibility in their property arrangements. The agreement must comply with Swiss federal law, particularly the Code of Obligations (Obligationenrecht), and relevant cantonal regulations. It typically includes detailed provisions regarding rent, term, permitted use, maintenance obligations, and the relationship between the head lease and sublease. The document is particularly important as it must balance the rights and obligations of all parties while ensuring that the terms of the original lease are not violated.
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1. Parties: Identification of the head tenant (sublandlord) and subtenant, including full legal names, addresses, and registration details if companies
2. Background: Context of the sublease, including reference to the head lease and confirmation of authority to sublease
3. Definitions: Key terms used throughout the agreement, including Property, Term, Permitted Use, etc.
4. Grant of Sublease: Formal grant of the sublease and description of the subleased premises
5. Term: Duration of the sublease, including start and end dates, and relationship to head lease duration
6. Rent and Other Payments: Rent amount, payment terms, security deposit, and other financial obligations
7. Service Charges: Subtenant's responsibility for utilities, maintenance, and other service charges
8. Use of Premises: Permitted commercial use and any restrictions
9. Maintenance and Repairs: Responsibilities for maintaining and repairing the premises
10. Insurance: Required insurance coverage and obligations
11. Alterations: Rules regarding modifications to the premises
12. Assignment and Further Subletting: Restrictions on further transfer of rights
13. Head Lease Obligations: Subtenant's obligations to comply with head lease terms
14. Termination: Circumstances and procedures for early termination
15. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Break Clause: Optional early termination rights, included when parties want flexibility
2. Fit-out Works: Included when subtenant is permitted to perform initial modifications
3. Signage Rights: When subtenant has specific rights to display business signage
4. Parking: When parking spaces are included in the sublease
5. Environmental Provisions: For properties where environmental compliance is particularly relevant
6. Operating Hours: For properties in mixed-use buildings or with specific operating restrictions
7. Guarantees: When additional security is required from the subtenant
8. Share of Common Areas: When the sublease includes rights to use common facilities
1. Floor Plan: Detailed plan showing the subleased area
2. Head Lease: Copy or relevant excerpts of the head lease
3. Inventory: List of any furniture, fixtures, or equipment included
4. Service Charge Schedule: Detailed breakdown of service charges and allocation method
5. Building Rules: Specific rules and regulations for the building
6. Condition Report: Documentation of premises condition at start of sublease
7. Fit-out Specifications: Technical requirements for any permitted modifications
8. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
Relevant legal definitions
Clauses
Relevant Industries
Retail
Office Space
Industrial
Hospitality
Healthcare
Professional Services
Technology
Manufacturing
Warehousing
Entertainment
Education
Food and Beverage
Relevant Teams
Legal
Real Estate
Facilities Management
Operations
Finance
Compliance
Risk Management
Property Management
Business Development
Administrative Services
Relevant Roles
Real Estate Manager
Facility Manager
Property Manager
Legal Counsel
Corporate Lawyer
Business Development Manager
Operations Director
Chief Financial Officer
Commercial Director
Lease Administrator
Property Portfolio Manager
Real Estate Contract Manager
Compliance Officer
Risk Manager
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