The Office Sublease Agreement is utilized when a tenant in Switzerland wishes to sublease their office space to another party, either due to excess capacity, business restructuring, or other operational needs. This document, governed by Swiss law, particularly Articles 253-274g of the Swiss Code of Obligations, requires careful drafting to ensure compliance with both the master lease terms and applicable regulations. The agreement must detail precise spatial boundaries, financial terms, duration, and usage rights while incorporating specific Swiss legal requirements regarding commercial property subleasing. It typically requires the master landlord's written consent and must address unique aspects of Swiss property law, including notice periods, maintenance obligations, and service charge arrangements.
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1. Parties: Identification of the Sublandlord and Subtenant, including full legal names, addresses, and registration details if companies
2. Background: Context of the sublease, including reference to the master lease and confirmation of master landlord's consent
3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Term', 'Master Lease', 'Permitted Use', etc.
4. Demised Premises: Detailed description of the subleased space, including floor, building address, and square footage
5. Term: Duration of sublease, commencement date, end date, and any renewal options
6. Rent and Other Payments: Rent amount, payment schedule, security deposit, and other financial obligations
7. Use of Premises: Permitted business activities and restrictions on use
8. Maintenance and Repairs: Responsibilities of each party for maintaining and repairing the premises
9. Services and Utilities: Provisions for utilities, cleaning, security, and other services
10. Insurance and Liability: Required insurance coverage and allocation of risks
11. Access and Security: Provisions for access to the premises, keys, security systems
12. Alterations: Rules regarding modifications to the premises
13. Assignment and Further Subletting: Restrictions on transfer of rights
14. Default and Remedies: Consequences of breach and available remedies
15. Termination: Grounds for early termination and required procedures
16. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction
1. Fit-out Works: Details of any initial modifications or improvements, used when premises require modification before occupancy
2. Shared Facilities: Rules for common areas and shared amenities, included when premises are part of a larger office complex
3. Parking: Allocation and rules for parking spaces, if applicable
4. Signage Rights: Rules regarding exterior and interior signage, if permitted
5. Environmental Matters: Special provisions for environmentally sensitive operations or requirements
6. Break Clause: Early termination options, included when parties want flexibility
7. Force Majeure: Provisions for unexpected events affecting premises use
8. Sustainability Requirements: Green building standards and environmental obligations, if applicable
9. Covid-19 or Pandemic Provisions: Special terms related to health emergencies, if relevant
1. Floor Plan: Detailed plan showing the subleased area and common areas
2. Inventory: List of furniture, fixtures, and equipment included in the sublease
3. Master Landlord's Consent: Written consent from the master landlord for the sublease
4. Service Charges: Breakdown of service charges and calculation method
5. Building Rules: Copy of building regulations and guidelines
6. Condition Report: Documentation of premises condition at commencement
7. Insurance Requirements: Detailed insurance specifications
8. Fit-out Specifications: Technical specifications for any approved alterations
9. Master Lease Relevant Provisions: Extract of relevant terms from the master lease affecting the sublease
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