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Lease Assignment And Assumption Agreement
"I need a Lease Assignment and Assumption Agreement for transferring my commercial retail lease in Auckland CBD to a new tenant, with a guarantee requirement and specific fit-out provisions, to be effective from March 1, 2025."
1. Parties: Identifies all parties: Landlord, Current Tenant (Assignor), and New Tenant (Assignee)
2. Background: Recites the existing lease details, reason for assignment, and context of the agreement
3. Definitions: Defines key terms used throughout the agreement including Lease, Assignment Date, Premises
4. Assignment and Assumption: Core provision transferring the lease from Assignor to Assignee
5. Assignee's Covenants: New tenant's obligations and commitments under the lease
6. Assignor's Representations and Warranties: Current tenant's declarations about the lease status and compliance
7. Landlord's Consent: Formal documentation of the landlord's approval of the assignment
8. Release of Assignor: Terms under which the original tenant is released from obligations
9. Costs and Stamp Duty: Allocation of legal costs and any applicable duties
10. Governing Law: Confirms New Zealand law governs the agreement
11. Execution: Formal signing section for all parties
1. Guarantee: Required when the assignee must provide a guarantor for their obligations
2. Security Deposit Transfer: Used when there's an existing security deposit to be transferred or replaced
3. Conditions Precedent: Included when the assignment is subject to specific conditions being met
4. Outstanding Amounts: Required when addressing any rent arrears or outstanding payments
5. Fit-out and Alterations: Needed when existing fit-out or alterations require specific handling
6. GST Provisions: Required for commercial leases where GST applies
7. Insurance Requirements: Included when specific insurance arrangements need to be addressed
1. Original Lease: Copy or details of the original lease being assigned
2. Premises Details: Detailed description of the leased premises including address and any plans
3. Rent and Outgoings Schedule: Current rent, payment schedule, and outgoings obligations
4. Condition Report: Current condition of the premises at time of assignment
5. Guarantee Terms: Details of any guarantee arrangements if applicable
6. Existing Alterations: List and details of any alterations made to the premises
7. Consents and Approvals: Copies of relevant third-party consents or approvals
Authors
Real Estate
Commercial Property
Retail
Hospitality
Industrial
Healthcare
Education
Professional Services
Manufacturing
Warehousing
Residential Property
Legal
Property Management
Real Estate
Facilities Management
Operations
Asset Management
Tenant Relations
Contract Administration
Risk Management
Compliance
Property Manager
Legal Counsel
Real Estate Manager
Facilities Manager
Commercial Lawyer
Tenant Relations Manager
Asset Manager
Property Administrator
Leasing Manager
Business Owner
Operations Manager
Contract Administrator
Real Estate Agent
Property Officer
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