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The Deed of Overage is utilized in Swiss property transactions where a landowner wishes to retain an interest in the future development value of their property after sale. This document becomes particularly relevant in scenarios where land has development potential but the current market value doesn't reflect this future possibility. The deed establishes the mechanism for calculating and paying additional consideration (overage) when specific trigger events occur, such as obtaining planning permission or completing development. Under Swiss law, these agreements must be carefully structured to comply with cantonal property regulations and federal laws, including the Swiss Civil Code (ZGB) and Code of Obligations (OR). The document typically includes detailed provisions for calculation methods, payment terms, duration of the overage period, and security arrangements, all while ensuring compliance with Swiss notarial requirements and property registration regulations.

1. Parties: Identification of all parties to the deed, including full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, description of the property, and purpose of the overage arrangement

3. Definitions: Defined terms used throughout the deed, including specific Swiss legal terminology where relevant

4. Property Description: Detailed legal description of the property including land registry details and reference numbers

5. Duration: Period during which the overage provisions remain effective

6. Trigger Events: Specific events or circumstances that will trigger overage payments

7. Calculation of Overage: Formula and methodology for calculating overage payments

8. Payment Terms: Timing, method, and currency of overage payments

9. Security Provisions: Methods of securing the overage obligations, such as charges or guarantees

10. Representations and Warranties: Standard statements of fact and promises by the parties

11. Covenants: Ongoing obligations of the parties during the overage period

12. Assignment and Transfer: Rules regarding transfer of rights and obligations under the deed

13. Notices: Process for formal communications between parties

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. Execution: Formal execution blocks complying with Swiss notarial requirements