A Commercial Sublease Agreement is essential when a tenant wishes to transfer partial or full use of their leased commercial premises to another party while maintaining their original lease with the landlord. This document is particularly relevant in Austria's commercial real estate market, where businesses often need flexibility in their space requirements. The agreement must comply with Austrian legal requirements, including the Mietrechtsgesetz and related commercial property regulations. It typically includes comprehensive terms covering financial obligations, use restrictions, maintenance responsibilities, and compliance with the master lease terms. This document is commonly used in situations such as business expansion, downsizing, or when a tenant needs to offset rental costs while retaining their original lease rights. The agreement requires careful consideration of both the master lease terms and Austrian commercial property laws to ensure enforceability and protection of all parties' interests.
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1. Parties: Identification of the Sublandlord (current tenant) and Subtenant, including full legal names, registration numbers, and addresses
2. Background: Context of the sublease, including reference to the master lease and confirmation of right to sublease
3. Definitions: Definitions of key terms used throughout the agreement
4. Demised Premises: Detailed description of the subleased premises, including location, size, and any included facilities
5. Term and Commencement: Duration of the sublease, commencement date, and any conditions precedent
6. Rent and Other Payments: Rent amount, payment terms, operating costs, utilities, and other financial obligations
7. Security Deposit: Amount, form, and conditions for return of the security deposit
8. Use of Premises: Permitted use of the premises and any restrictions
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements
10. Insurance: Required insurance coverage for both parties
11. Assignment and Further Subletting: Restrictions and conditions for assignment or further subletting
12. Termination: Grounds for termination, notice requirements, and consequences
13. Return of Premises: Conditions for returning the premises at the end of the sublease
14. Governing Law: Confirmation of Austrian law governance and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Alterations and Improvements: Terms for making changes to the premises - include when alterations are likely to be needed
2. Parking: Terms for parking rights and facilities - include when parking is available
3. Signage: Rules regarding exterior and interior signage - include for retail or visible commercial spaces
4. Environmental Matters: Environmental obligations and restrictions - include for industrial or potentially hazardous uses
5. Operating Hours: Restrictions on business hours - include for retail or business parks
6. Common Areas: Rights and obligations regarding shared facilities - include in multi-tenant buildings
7. Building Services: Special services provided by the building - include when relevant services are available
8. Break Option: Early termination rights - include when break options are negotiated
1. Schedule 1 - Floor Plan: Detailed plan showing the subleased premises and any exclusive or shared areas
2. Schedule 2 - Master Lease: Copy of the primary lease agreement or relevant excerpts
3. Schedule 3 - Inventory: List of any furniture, fixtures, or equipment included in the sublease
4. Schedule 4 - Service Charges: Breakdown of service charges and operating costs
5. Schedule 5 - Building Rules: Building regulations and operational rules
6. Appendix A - Condition Report: Documentation of premises condition at commencement
7. Appendix B - Fit-out Specifications: Details of any agreed tenant improvements or fit-out works
8. Appendix C - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
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