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Forward Funding Agreement
1. Parties: Identification of the funder and developer/seller, including company details and registration numbers
2. Background: Context of the agreement, including description of the development project and parties' intentions
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules
4. Land Acquisition: Terms regarding the acquisition of the development site, including conditions precedent
5. Development Obligations: Developer's obligations regarding the construction and completion of the project
6. Funding Provisions: Structure and timing of funding payments, including conditions for drawdown
7. Construction Program: Timeline, milestones, and completion requirements for the development
8. Variations and Changes: Process for managing and approving changes to the development specifications
9. Monitoring and Reporting: Funder's rights to monitor progress and developer's reporting obligations
10. Title and Risk: Transfer of title, risk allocation, and insurance requirements
11. Warranties and Representations: Parties' warranties regarding capacity, title, and project deliverability
12. Payment Mechanics: Detailed procedures for payment applications, certifications, and transfers
13. Practical Completion: Requirements and process for achieving practical completion
14. Defects Liability: Developer's obligations regarding defects and remediation post-completion
15. Default and Termination: Events of default, remedies, and termination provisions
16. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Pre-letting Conditions: Required when the funding is conditional on securing pre-let agreements
2. Environmental Provisions: Specific environmental obligations and warranties when site has environmental concerns
3. Planning Conditions: Detailed planning-related obligations when planning permission is not yet secured
4. Third Party Rights: Provisions regarding third party rights when relevant to the development
5. Step-in Rights: Funder's rights to step in and complete the development in case of developer default
6. Value Added Tax: Specific VAT provisions when the transaction structure requires detailed VAT treatment
7. Forward Sale Provisions: When the agreement includes a pre-arranged forward sale to an end purchaser
8. Multi-phase Development: Additional provisions for projects delivered in multiple phases
1. Property Description: Detailed description and plans of the development site
2. Development Specification: Detailed technical specifications for the development
3. Forms of Collateral Warranties: Template warranties from contractors and consultants
4. Payment Schedule: Detailed breakdown of funding payments and milestones
5. Construction Program: Detailed construction timeline and milestone dates
6. Professional Team: Details of appointed contractors, architects, and other consultants
7. Form of Payment Application: Template for developer's funding drawdown requests
8. Planning Permissions: Copies or details of relevant planning permissions
9. Title Documents: Land registry extracts and title documentation
10. Insurance Requirements: Detailed specification of required insurance coverage
11. Environmental Reports: Environmental surveys and assessments
12. Form of Practical Completion Certificate: Template for certification of practical completion
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