Occupancy License Agreement Template for Germany

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Key Requirements PROMPT example:

Occupancy License Agreement

"I need an Occupancy License Agreement for a tech startup to use two floors of serviced office space in Berlin, including shared meeting rooms and reception services, starting March 1, 2025, with flexible termination options."

Document background
The Occupancy License Agreement under German law serves as a flexible alternative to traditional lease agreements, particularly suited for modern business needs and temporary space requirements. This document type is essential when parties seek to establish a license relationship rather than a traditional landlord-tenant arrangement, offering greater flexibility while maintaining legal certainty. It's commonly used in contexts such as serviced offices, co-working spaces, temporary commercial installations, and short-term business space requirements. The agreement must comply with German property law and commercial regulations while addressing specific considerations such as permitted use, duration, fees, services, and obligations of both parties. This document type has gained increasing importance with the rise of flexible working arrangements and the need for adaptable business space solutions.
Suggested Sections

1. Parties: Identification and details of the Licensor and Licensee, including full legal names, addresses, and registration details if companies

2. Background: Context of the agreement, nature of the property, and purpose of the license arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Specific terms of the license granted, including purpose, scope, and any restrictions

5. Duration: Term of the license, including start date, end date, and any renewal provisions

6. License Fee: Amount, payment terms, method of payment, and review mechanisms for the license fee

7. Permitted Use: Detailed description of how the property may be used and any restrictions

8. Licensee Obligations: Core responsibilities of the licensee including maintenance, conduct, and compliance with regulations

9. Licensor Obligations: Core responsibilities of the licensor including access, maintenance of common areas, and services

10. Insurance and Liability: Insurance requirements and allocation of liability between parties

11. Termination: Grounds for termination, notice requirements, and consequences of termination

12. Notices: Process and requirements for formal communications between parties

13. Governing Law: Confirmation of German law as governing law and jurisdiction

Optional Sections

1. Utilities and Services: Include when utilities are separately charged or managed

2. Shared Facilities: Include when the property includes access to shared areas or facilities

3. Security Deposit: Include when a security deposit is required

4. Alterations: Include when the licensee may need to make changes to the property

5. Assignment and Sublicensing: Include when transfer of rights needs to be addressed

6. Data Protection: Include when personal data processing is extensive

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

8. Environmental Obligations: Include for properties with specific environmental requirements or certifications

Suggested Schedules

1. Property Description: Detailed description of the licensed property including floor plans and photographs

2. Inventory: List of furniture, fixtures, and equipment included in the license

3. House Rules: Building regulations and specific rules for property use

4. Service Level Agreement: Details of services provided by the licensor, if applicable

5. Fee Schedule: Detailed breakdown of license fee, utilities, and other charges

6. Condition Report: Documentation of property condition at commencement

7. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

8. Form of Bank Guarantee: Template for bank guarantee if required instead of cash deposit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Flexible Workspace

Co-working

Serviced Offices

Corporate Services

Facilities Management

Professional Services

Technology

Start-ups

Education

Healthcare

Relevant Teams

Legal

Facilities Management

Real Estate

Operations

Risk and Compliance

Commercial

Business Development

Workplace Solutions

Property Management

Corporate Services

Relevant Roles

Legal Counsel

Property Manager

Facilities Manager

Real Estate Manager

Operations Director

Commercial Director

Business Development Manager

Space Planning Manager

Compliance Officer

Risk Manager

Office Manager

Workplace Solutions Manager

Real Estate Portfolio Manager

Corporate Services Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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