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1. Parties: Identifies all parties to the agreement: the head landlord (if required), main tenant (sub-landlord), and sub-tenant, including full legal names and addresses
2. Background: Sets out the context of the sub-lease, including reference to the head lease and confirmation of the sub-landlord's authority to sub-let
3. Definitions: Defines key terms used throughout the agreement, including 'Premises', 'Term', 'Head Lease', etc.
4. Demise: The formal grant of the sub-lease, specifying the premises being let and the term of the sub-lease
5. Rent and Payment Terms: Details of rent amount, payment frequency, method of payment, and review provisions
6. Tenant Covenants: Sub-tenant's obligations including maintenance, permitted use, alterations, compliance with head lease terms
7. Landlord Covenants: Sub-landlord's obligations including quiet enjoyment, insurance, and compliance with head lease
8. Insurance: Insurance requirements for both parties, including building insurance and contents insurance
9. Assignment and Subletting: Restrictions on further assignment or subletting of the premises
10. Termination: Circumstances under which the sub-lease can be terminated and the process for termination
11. Yielding Up: Obligations regarding the condition of the premises upon lease end
12. Notices: Process for serving formal notices between parties
13. Governing Law: Confirmation that Hong Kong law governs the agreement
1. Head Landlord's Consent: Required when the head lease mandates obtaining head landlord's consent for subletting
2. Break Clause: Optional provision allowing either party to terminate the lease early under specified conditions
3. Rent Review: Include when the sub-lease term is long enough to warrant rent review provisions
4. Service Charge: Required when the property is part of a larger building with shared services
5. Alterations and Improvements: Detailed provisions for when substantial alterations to the premises are contemplated
6. Green Lease Provisions: Environmental and sustainability obligations, increasingly common in commercial sub-leases
7. Guarantor Provisions: Include when a guarantor is required to guarantee the sub-tenant's obligations
1. Schedule 1 - The Premises: Detailed description of the premises including floor plans and measurements
2. Schedule 2 - Head Lease: Copy or relevant extracts of the head lease terms that affect the sub-tenant
3. Schedule 3 - Inventory: List of fixtures, fittings, and furniture included in the sub-lease
4. Schedule 4 - Service Charge: Breakdown of service charge calculations and included services
5. Schedule 5 - Condition Report: Detailed report on the condition of the premises at the start of the sub-lease
6. Appendix A - Plans: Floor plans, location plans, and any relevant building plans
7. Appendix B - Head Landlord's Consent: Copy of the head landlord's written consent to the sub-lease
8. Appendix C - Photographs: Photographic evidence of the premises' condition at commencement
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