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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
Authors
Approved Plans
Architect
Building Contract
Building Contractor
Building Regulations
Certificate of Practical Completion
Collateral Warranties
Completion Date
Construction Documents
Construction Program
Defects Liability Period
Development
Development Costs
Development Period
Development Site
Development Specification
Environmental Laws
Event of Default
Facility Agreement
Final Account
Final Certificate
Force Majeure Event
Forward Funding Amount
Funder's Architect
Funder's Quantity Surveyor
Good Industry Practice
Insurance Requirements
Land Registry
Local Authority
Long Stop Date
Material Adverse Effect
Milestone Dates
Payment Certificate
Payment Schedule
Planning Permission
Practical Completion
Professional Appointment
Professional Team
Project Documents
Property
Purchase Price
Relevant Authority
Required Consents
Retention Amount
Security Documents
Site Conditions
Specification
Statutory Requirements
Target Completion Date
Title Documents
Utilities
Variation
VAT
Works
Funding Obligations
Conditions Precedent
Title Matters
Development Obligations
Construction Requirements
Payment Provisions
Variations
Extensions of Time
Monitoring and Reporting
Insurance
Warranties and Representations
Environmental Compliance
Planning Requirements
Health and Safety
Confidentiality
Intellectual Property
Assignment and Transfer
Force Majeure
Step-in Rights
Default
Termination
Remedies
Practical Completion
Defects Liability
Security
Tax Provisions
VAT
Indemnities
Risk Allocation
Notices
Entire Agreement
Severability
Third Party Rights
Dispute Resolution
Governing Law and Jurisdiction
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