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Lease Takeover Agreement
"I need a Lease Takeover Agreement for my retail business in Jakarta, where I'm taking over a shop lease from the current tenant starting March 1, 2025, with the original lease terms remaining unchanged and a standard security deposit transfer."
1. Parties: Identification of all parties involved: Landlord, Original Tenant (Assignor), and New Tenant (Assignee)
2. Background: Context of the original lease and the reason for the takeover
3. Definitions: Definitions of key terms used throughout the agreement
4. Assignment and Assumption: Core provisions detailing the transfer of lease rights and obligations from original tenant to new tenant
5. Consent of Landlord: Explicit statement of landlord's approval of the lease takeover
6. Effective Date: Specification of when the takeover becomes effective
7. Remaining Lease Terms: Confirmation that all original lease terms remain in effect
8. Security Deposit Arrangements: Details of transfer or replacement of security deposit
9. Representations and Warranties: Statements of fact by all parties regarding their authority and the lease status
10. Liabilities and Indemnification: Allocation of responsibilities for past and future obligations
11. Governing Law: Specification of Indonesian law as governing law
12. Dispute Resolution: Process for resolving any disputes arising from the agreement
13. Notices: How and where formal communications between parties should be made
14. Execution: Signature blocks and execution requirements
1. Condition of Premises: Used when there needs to be a formal record of the property's condition at takeover
2. Outstanding Payments: Include when there are any pending rent or utility payments to be addressed
3. Modifications to Original Lease: Include if any terms of the original lease are being modified as part of the takeover
4. Insurance Requirements: Used when specific insurance arrangements need to be transferred or established
5. Guarantor Provisions: Include when there are guarantors involved in the original or new lease arrangement
6. Fit-out and Improvements: Used when there are existing improvements or planned modifications to discuss
7. Break Clause: Include when parties want to incorporate early termination options
1. Original Lease Agreement: Copy of the complete original lease agreement being transferred
2. Property Details: Detailed description of the leased premises, including address and any parking or common areas
3. Inventory List: List of any furniture, fixtures, or equipment included in the lease
4. Payment Schedule: Details of rent, security deposit, and other financial obligations
5. Condition Report: Detailed report of the property's condition with photographs
6. Required Permits: Copies of any relevant permits or licenses
7. Handover Protocol: Procedure and checklist for the physical handover of the premises
Authors
Real Estate
Retail
Commercial Office
Industrial
Manufacturing
Hospitality
Food & Beverage
Healthcare
Education
Logistics
Warehousing
Professional Services
Legal
Real Estate
Operations
Facilities Management
Finance
Risk & Compliance
Administration
Procurement
Business Development
Property Management
Real Estate Manager
Property Manager
Legal Counsel
Corporate Lawyer
Facilities Manager
Operations Director
Chief Financial Officer
Business Development Manager
Regional Manager
Procurement Manager
Contract Administrator
Company Secretary
Risk Manager
Compliance Officer
Real Estate Agent
Property Consultant
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