The Lease and License Agreement is essential for situations where both property occupation and specific usage rights need to be granted under Dutch law. This document is commonly used in commercial contexts where a tenant requires both physical space and additional rights, such as the use of equipment, intellectual property, or specific facilities. It combines elements of traditional lease agreements with licensing provisions, ensuring compliance with Dutch Civil Code requirements while protecting both parties' interests. The agreement is particularly relevant for businesses requiring comprehensive rights packages, such as franchise operations, specialized industrial facilities, or commercial spaces with specific operational requirements. It includes detailed provisions for both the property aspects (maintenance, repairs, service charges) and the licensed elements (scope of use, restrictions, fees), making it suitable for complex commercial arrangements that go beyond simple property rental.
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1. Parties: Identification and details of the lessor/licensor and lessee/licensee
2. Background: Context of the agreement, including property details and purpose of the lease and license
3. Definitions: Definitions of key terms used throughout the agreement
4. Lease Grant: Formal grant of the lease and specification of the leased premises
5. License Grant: Scope and terms of the license being granted
6. Term and Renewal: Duration of the agreement, commencement date, and renewal provisions
7. Rent and License Fees: Payment terms, amounts, review mechanisms, and payment schedules
8. Service Charges: Details of additional charges, utilities, and maintenance fees
9. Use of Property: Permitted use of the property and any restrictions
10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and replacements
11. Insurance and Liability: Insurance requirements and allocation of risks
12. Assignment and Subletting: Rights and restrictions regarding transfer of rights
13. Termination: Grounds for termination and consequences
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Confirmation of Dutch law application and dispute resolution
1. Fit-out Works: Include when initial modifications to the property are required, detailing permissions and specifications
2. Shared Facilities: Include when the property includes common areas or shared services
3. Environmental Provisions: Include for properties with specific environmental requirements or certifications
4. Security Deposit: Include when a security deposit or bank guarantee is required
5. Break Clause: Include when early termination options are needed
6. Intellectual Property: Include when the license involves significant IP elements
7. Change Control: Include for agreements requiring formal processes for modifications
8. Force Majeure: Include when specific force majeure provisions beyond standard Dutch law are required
9. VAT Election: Include when parties opt for VAT-taxed lease
10. Green Lease Provisions: Include for sustainability commitments and environmental performance targets
1. Property Description: Detailed description of the property including floor plans and measurements
2. Inventory: List of fixtures, fittings, and equipment included in the lease
3. Service Level Agreement: Detailed specification of services to be provided
4. Rent and Payment Schedule: Detailed breakdown of rent, license fees, and payment dates
5. Building Rules and Regulations: Specific rules governing the use of the property
6. Condition Report: Initial condition of the property at commencement
7. Permitted Alterations: Specifications for allowed modifications to the property
8. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
9. Form of Bank Guarantee: Template for required bank guarantee if applicable
10. Environmental Performance Standards: Specific environmental and sustainability requirements
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Retail
Hospitality
Manufacturing
Technology
Healthcare
Education
Professional Services
Logistics
Entertainment
Co-working Spaces
Research and Development
Relevant Teams
Legal
Real Estate
Facilities Management
Operations
Finance
Risk and Compliance
Property Management
Commercial
Procurement
Administration
Relevant Roles
Real Estate Manager
Property Manager
Facilities Director
Legal Counsel
Commercial Director
Operations Manager
Asset Manager
Contract Manager
Business Development Manager
Finance Director
Compliance Officer
Risk Manager
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