The Occupancy License Agreement under German law serves as a flexible alternative to traditional lease agreements, particularly suited for modern business needs and temporary space requirements. This document type is essential when parties seek to establish a license relationship rather than a traditional landlord-tenant arrangement, offering greater flexibility while maintaining legal certainty. It's commonly used in contexts such as serviced offices, co-working spaces, temporary commercial installations, and short-term business space requirements. The agreement must comply with German property law and commercial regulations while addressing specific considerations such as permitted use, duration, fees, services, and obligations of both parties. This document type has gained increasing importance with the rise of flexible working arrangements and the need for adaptable business space solutions.
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1. Parties: Identification and details of the Licensor and Licensee, including full legal names, addresses, and registration details if companies
2. Background: Context of the agreement, nature of the property, and purpose of the license arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Specific terms of the license granted, including purpose, scope, and any restrictions
5. Duration: Term of the license, including start date, end date, and any renewal provisions
6. License Fee: Amount, payment terms, method of payment, and review mechanisms for the license fee
7. Permitted Use: Detailed description of how the property may be used and any restrictions
8. Licensee Obligations: Core responsibilities of the licensee including maintenance, conduct, and compliance with regulations
9. Licensor Obligations: Core responsibilities of the licensor including access, maintenance of common areas, and services
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Termination: Grounds for termination, notice requirements, and consequences of termination
12. Notices: Process and requirements for formal communications between parties
13. Governing Law: Confirmation of German law as governing law and jurisdiction
1. Utilities and Services: Include when utilities are separately charged or managed
2. Shared Facilities: Include when the property includes access to shared areas or facilities
3. Security Deposit: Include when a security deposit is required
4. Alterations: Include when the licensee may need to make changes to the property
5. Assignment and Sublicensing: Include when transfer of rights needs to be addressed
6. Data Protection: Include when personal data processing is extensive
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
8. Environmental Obligations: Include for properties with specific environmental requirements or certifications
1. Property Description: Detailed description of the licensed property including floor plans and photographs
2. Inventory: List of furniture, fixtures, and equipment included in the license
3. House Rules: Building regulations and specific rules for property use
4. Service Level Agreement: Details of services provided by the licensor, if applicable
5. Fee Schedule: Detailed breakdown of license fee, utilities, and other charges
6. Condition Report: Documentation of property condition at commencement
7. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
8. Form of Bank Guarantee: Template for bank guarantee if required instead of cash deposit
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Flexible Workspace
Co-working
Serviced Offices
Corporate Services
Facilities Management
Professional Services
Technology
Start-ups
Education
Healthcare
Relevant Teams
Legal
Facilities Management
Real Estate
Operations
Risk and Compliance
Commercial
Business Development
Workplace Solutions
Property Management
Corporate Services
Relevant Roles
Legal Counsel
Property Manager
Facilities Manager
Real Estate Manager
Operations Director
Commercial Director
Business Development Manager
Space Planning Manager
Compliance Officer
Risk Manager
Office Manager
Workplace Solutions Manager
Real Estate Portfolio Manager
Corporate Services Manager
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