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Property Damage Waiver
"I need a Property Damage Waiver for a commercial warehouse in Berlin that I'm leasing to a logistics company starting March 1, 2025, with specific provisions for heavy machinery operation and 24/7 access."
1. Parties: Identification of all parties to the waiver, including full legal names, addresses, and registration details if companies
2. Background: Context of the waiver, relationship between parties, and general purpose of the agreement
3. Definitions: Clear definitions of key terms, particularly 'Property', 'Damage', and scope of 'Waiver'
4. Property Description: Detailed description of the property covered by the waiver, including condition assessment
5. Scope of Waiver: Explicit description of what types of damage are covered by the waiver and under what circumstances
6. Duration: Period during which the waiver is valid, including start and end dates
7. Limitations and Exclusions: Clear statement of what is not covered by the waiver, particularly gross negligence and intentional damage which cannot be waived under German law
8. Representations and Warranties: Statements by both parties regarding their authority to enter into the agreement and understanding of its terms
9. Governing Law: Explicit statement that German law governs the agreement and relevant jurisdiction
10. Signatures: Execution block for all parties, including date and place of signing
1. Insurance Requirements: Required when specific insurance coverage must be maintained by either party
2. Third Party Rights: Include when the waiver needs to address rights of third parties who might have interest in the property
3. Inspection Rights: Include when periodic property inspection rights need to be established
4. Maintenance Obligations: Include when specific maintenance requirements need to be established to keep the waiver valid
5. Dispute Resolution: Include when parties wish to specify particular dispute resolution mechanisms beyond standard court proceedings
6. Severability Clause: Include when parties want to ensure partial invalidity doesn't affect the entire agreement
7. Force Majeure: Include when parties want to address extraordinary circumstances affecting the property
1. Property Documentation: Detailed description of property, including photographs and condition reports
2. Inspection Protocol: Format and checklist for property inspections if applicable
3. Insurance Certificates: Copies of relevant insurance policies if required
4. Prior Damage Documentation: Record of any existing damage or wear at time of agreement
5. Maintenance Schedule: If applicable, detailed maintenance requirements and schedules
Authors
Property
Damage
Waiver
Effective Date
Term
Force Majeure
Gross Negligence (Grobe Fahrlässigkeit)
Intentional Misconduct (Vorsatz)
Ordinary Negligence (Einfache Fahrlässigkeit)
Permitted Use
Excluded Damage
Property Owner
Property User
Permitted Activities
Insurance Coverage
Liability
Maintenance
Normal Wear and Tear
Operating Hours
Premises
Related Parties
Safety Regulations
Security Measures
Substantial Damage
Authorized Personnel
Inspection Period
Documentation
Emergency
Repair Costs
Replacement Value
Risk Period
Standard of Care
Technical Specifications
Working Days
Definitions
Scope of Waiver
Liability Limitations
Property Identification
Duration and Termination
Insurance Requirements
Inspection Rights
Maintenance Obligations
Force Majeure
Indemnification
Risk Allocation
Property Access
Safety Requirements
Documentation Requirements
Notice Requirements
Dispute Resolution
Governing Law
Severability
Assignment
Third Party Rights
Amendment
Entire Agreement
Counterparts
Costs and Expenses
Compliance with Laws
Representations and Warranties
Emergency Procedures
Reporting Requirements
Real Estate
Construction
Event Management
Equipment Rental
Manufacturing
Logistics
Hospitality
Retail
Industrial
Warehousing
Property Management
Facilities Management
Legal
Operations
Risk Management
Facilities Management
Property Management
Asset Management
Compliance
Insurance
Real Estate
Contract Management
Project Management
Facility Manager
Property Manager
Risk Manager
Legal Counsel
Contract Manager
Operations Manager
Asset Manager
Real Estate Manager
Equipment Manager
Compliance Officer
Insurance Manager
Project Manager
Site Supervisor
Leasing Manager
General Counsel
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