Pop Up License Agreement

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In summary, both parties must assess a wide range of factors when deciding whether a short-term lease is a viable solution, including, but not limited to, the length of time it takes the tenant to occupy the space, whether improvements or modifications are required to the premises, and whether the tenant must acquire authorizations to conduct his business. In some cases, a licensing agreement may be preferable to a short-term lease. In other cases, the parties may conclude that a more traditional longer-term lease would best meet their respective needs. HlK and electricity: in a standard retail leasing, the licensee is usually responsible for the maintenance of the CCC system. However, given the short-term nature of the lease, it may be prohibitive for the licensee to be responsible for all repairs, maintenance and/or replacements of a facility or part of a UNC facility. If the licensee insists on such a language, you should consider a cap on repair costs as well as the presentation and assurance that the CCC system is in good condition. How about electricity? How do you determine your electricity allowance in the building – does the room have its own electricity meters and/or meters? Do you receive a copy of the sub-counters to verify that the charges are correct? As soon as the parties decide what type of agreement will have the best effect of their respective objectives for the property, it is essential that the resulting agreement be drafted in such a way that the intention of the parties is clearly and properly communicated. In the absence of good drafting, a “licence” may be interpreted as a lease agreement. As in many areas of the law, the mere use of the title “licensing agreement” on the draft document will not magically pass through this document with all the necessary provisions to create such an agreement. On the contrary, licences and leases require a certain language to consolidate their intention. The essential difference between licences and leases depends on the language used in the agreement to use and control the property. A duly established tenancy agreement grants the tenant a leasehold, regardless of the duration, with the landlord granting the tenant the right to own and enjoy the property, often exclusively and for a fixed term.

On the other hand, a license is not exclusive and does not grant the tenant such property interests or other interests in the property.


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