The Property License Agreement serves as a crucial legal instrument in Swiss property transactions, offering a more flexible alternative to traditional lease agreements. It is particularly useful when full tenancy rights are not required or desired, such as in temporary commercial use, shared spaces, or specific-purpose property utilization. This document, governed by Swiss law including the Civil Code (ZGB) and Code of Obligations (OR), outlines essential terms including property access rights, usage limitations, fee structures, and maintenance obligations. The agreement must comply with both federal and cantonal property regulations, making it essential for property owners and businesses operating in Switzerland to have a properly structured license agreement that protects their interests while ensuring legal compliance.
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1. Parties: Identification and details of the Licensor and Licensee, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into a license arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Specific terms of the license grant, including scope, purpose, and any restrictions on use
5. Property Description: Detailed description of the licensed property, including address, boundaries, and relevant features
6. Term and Termination: Duration of the license, renewal provisions, and circumstances for termination
7. License Fee: Payment terms, including amount, frequency, and method of payment
8. Use of Property: Permitted and prohibited uses of the property under the license
9. Maintenance and Repairs: Responsibilities for property maintenance and repairs
10. Insurance and Liability: Insurance requirements and allocation of risks between parties
11. Compliance with Laws: Obligation to comply with relevant Swiss laws and regulations
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
13. Notices: Process and addresses for formal communications between parties
14. Execution: Signature blocks and execution details
1. Sublicensing Rights: Include when the licensee may be permitted to sublicense the property
2. Environmental Provisions: Include for properties where environmental considerations are significant
3. Security Deposit: Include when a security deposit is required from the licensee
4. Utilities and Services: Include when specifying responsibility for utilities and services is necessary
5. Alterations and Improvements: Include when the licensee may make changes to the property
6. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
7. Access Rights: Include when specific provisions about licensor's access rights need to be detailed
8. Assignment: Include when transfer of rights needs to be addressed
1. Property Plan: Detailed plans or drawings of the licensed property
2. Inventory: List of any furniture, equipment, or fixtures included in the license
3. Condition Report: Detailed description of the property's condition at commencement
4. Payment Schedule: Detailed breakdown of license fees and payment dates
5. House Rules: Specific rules and regulations for property use
6. Maintenance Schedule: Detailed maintenance responsibilities and schedules
7. Insurance Requirements: Specific insurance requirements and coverage details
8. Utilities and Services: Details of utilities and services arrangements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Retail
Hospitality
Education
Healthcare
Industrial
Technology
Professional Services
Government and Public Sector
Entertainment and Events
Coworking and Flexible Workspace
Relevant Teams
Legal
Real Estate
Facilities Management
Operations
Risk and Compliance
Property Services
Asset Management
Business Development
Administration
Finance
Relevant Roles
Real Estate Manager
Property Manager
Legal Counsel
Facilities Manager
Operations Director
Business Development Manager
Contract Administrator
Risk Manager
Compliance Officer
Asset Manager
Commercial Property Director
Corporate Real Estate Manager
Space Planning Manager
Property Services Coordinator
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