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Business Tenancy Agreement
"I need a Business Tenancy Agreement for a retail space in Brisbane CBD, with a 5-year term starting March 1, 2025, including fit-out period provisions and specific clauses for food and beverage operations with outdoor seating rights."
1. Parties: Identification and details of the landlord and tenant, including ACN/ABN for companies
2. Background: Context of the agreement and brief description of the premises and intended use
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Grant of Lease: formal creation of the leasehold interest and specification of the lease term
5. Rent and Other Payments: Details of rent amount, payment frequency, method of payment, and other financial obligations
6. Outgoings and Operating Expenses: Specification of additional costs and their allocation between parties
7. Security Deposit/Bank Guarantee: Details of security required and conditions for its return
8. Use of Premises: Permitted use of the premises and any restrictions
9. Maintenance and Repairs: Responsibilities of each party for maintaining and repairing the premises
10. Insurance Requirements: Insurance obligations for both landlord and tenant
11. Assignment and Subletting: Conditions under which the tenant may assign or sublet the premises
12. Landlord's Covenants: Obligations and promises of the landlord
13. Tenant's Covenants: Obligations and promises of the tenant
14. Default and Termination: Circumstances constituting default and consequences, including termination provisions
15. Dispute Resolution: Process for resolving disputes between parties
16. Notices: How formal notices must be given between parties
17. Governing Law: Specification of applicable law and jurisdiction
1. Option to Renew: Include when offering the tenant the right to extend the lease term
2. Market Rent Review: Include when rent reviews will be based on market rates rather than fixed increases
3. Make Good Obligations: Include when specific requirements for premises restoration at lease end are needed
4. Guarantees: Include when personal or corporate guarantees are required from directors or related entities
5. Fit-out Works: Include when the tenant will be performing initial fit-out works
6. Environmental Obligations: Include for premises where environmental compliance is particularly relevant
7. Exclusive Use: Include when the tenant is granted exclusive rights to conduct certain business types
8. Car Parking: Include when car parking spaces are part of the lease
9. Building Name and Signage Rights: Include when dealing with prominent tenants or whole-building leases
10. Emergency Response: Include for high-risk or specialized premises requiring specific emergency procedures
1. Schedule 1 - Premises Details: Detailed description of premises including floor plans and area calculations
2. Schedule 2 - Commercial Terms: Key commercial terms including rent, term, commencement date, and review dates
3. Schedule 3 - Building Rules: Specific rules and regulations for the building or complex
4. Schedule 4 - Outgoings Schedule: Detailed breakdown of outgoings and allocation method
5. Schedule 5 - Fit-out Guidelines: Technical specifications and requirements for any tenant fit-out works
6. Schedule 6 - Condition Report: Detailed report on the condition of the premises at lease commencement
7. Schedule 7 - Special Conditions: Any special or negotiated conditions specific to this lease
8. Appendix A - Required Insurance Certificates: Copies of insurance certificates required under the lease
9. Appendix B - Bank Guarantee Format: Approved format for bank guarantee if required
10. Appendix C - Plans and Drawings: Technical drawings, floor plans, and other relevant documentation
Authors
Building
Common Areas
Commencement Date
Expiry Date
Term
Permitted Use
Base Rent
Review Date
Market Review Date
Outgoings
Operating Expenses
Security Deposit
Bank Guarantee
Business Day
GST
Lease Year
Option Period
Make Good
Essential Services
Building Manager
Landlord's Property
Tenant's Property
Fit-out Works
Building Rules
Force Majeure
Guarantor
Insurance Requirements
Land
Lettable Area
License
Mortgagee
Notice
Occupancy Costs
Payment Date
Rates and Taxes
Registration Authority
Rental Bond
Services
Strata Corporation
Structural Elements
Tenant's Representative
Trading Hours
Utilities
Valuer
Yield Up
Assignment
Sublease
Default Event
Environmental Laws
Hazardous Materials
Building Standard
Car Parking Areas
Lessor's Fixtures
Lessee's Fixtures
Outgoings Statement
Permitted Signage
Security Interest
Security Deposit
Permitted Use
Maintenance and Repairs
Insurance
Assignment and Subletting
Default and Termination
Quiet Enjoyment
Utilities and Services
Outgoings
Alterations and Improvements
Compliance with Laws
Health and Safety
Environmental Compliance
Access and Inspection
Building Rules
Signage
Competition
Emergency Procedures
Force Majeure
Indemnification
Dispute Resolution
Notices
Option to Renew
Make Good
Operating Hours
Common Areas
Car Parking
Air Conditioning
Waste Management
Fire Safety
Security
Building Management
Pest Control
Hazardous Materials
Structural Works
Release and Waiver
Governing Law
Severability
Entire Agreement
Time of Essence
Further Assurance
GST
Interest on Late Payments
Bank Guarantee
Essential Terms
Property Damage
Business Continuity
Risk Allocation
Yield Up
Registration
Retail
Professional Services
Healthcare
Hospitality
Manufacturing
Technology
Education
Financial Services
Logistics and Warehousing
Entertainment
Food and Beverage
Automotive
Creative Industries
Construction
Tourism
Legal
Finance
Operations
Facilities Management
Risk and Compliance
Property Management
Real Estate
Treasury
Commercial
Administration
Procurement
Asset Management
Property Manager
Facilities Manager
Legal Counsel
Commercial Director
Chief Financial Officer
Operations Manager
Real Estate Agent
Leasing Executive
Business Owner
Company Director
Risk Manager
Compliance Officer
Asset Manager
Portfolio Manager
Treasury Manager
Construction Manager
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