Build To Suit Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Build To Suit Agreement

Build To Suit Agreement

{{company_name}}

{{company_address}}

{{phone}} | {{email}} | {{website}}

BUILD-TO-SUIT AGREEMENT

This Build-to-Suit Agreement ("Agreement") is made and entered into this {{day}} day of {{month}}, {{year}}, by and between:

**{{landlord_company_name}}**, a company duly organized and existing under the laws of {{country}}, with its principal place of business at {{landlord_address}} (hereinafter referred to as "Landlord"); and

**{{tenant_company_name}}**, a company duly organized and existing under the laws of {{country}}, with its principal place of business at {{tenant_address}} (hereinafter referred to as "Tenant").

**WHEREAS**, Landlord owns or will acquire certain real property located at {{property_address}} ("Property");

**WHEREAS**, Tenant desires to lease a customized building to be constructed on the Property by Landlord to suit Tenant's specific operational requirements;

**WHEREAS**, Landlord is willing to construct such a building in accordance with the terms and conditions hereinafter set forth.

**NOW, THEREFORE**, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. PROPERTY AND IMPROVEMENTS

Landlord shall construct a building and other improvements (collectively, the "Improvements") on the Property in accordance with the plans and specifications attached hereto as Exhibit A ("Plans and Specifications"). The Landlord shall obtain all necessary permits and approvals for the construction of the Improvements.

The Tenant shall have the right to review and approve all material changes to the Plans and Specifications. Any additional costs arising from changes requested by the Tenant after the initial approval of the Plans and Specifications shall be borne by the Tenant.

2. CONSTRUCTION PERIOD AND COMPLETION

Construction of the Improvements shall commence on or about {{commencement_date}} and shall be substantially completed by {{estimated_completion_date}} ("Target Completion Date").

Substantial completion shall mean the date upon which the Improvements are sufficiently completed in accordance with the Plans and Specifications, such that the Tenant can occupy and operate its business therein, notwithstanding the completion of minor punch-list items.

If the construction is not substantially completed by the Target Completion Date, the Landlord shall pay to the Tenant liquidated damages in the amount of {{daily_liquidated_damages_amount}} per day for each day of delay, unless such delay is due to force majeure events or actions/inactions of the Tenant.

3. LEASE TERMS

Upon Substantial Completion of the Improvements, Landlord and Tenant shall execute a separate Lease Agreement ("Lease Agreement") for the Property and Improvements, the terms of which shall be consistent with the provisions set forth in this Agreement.

The initial term of the Lease Agreement shall be for a period of {{lease_term_years}} years, commencing on the date of Substantial Completion (the "Commencement Date").

The initial annual base rent shall be {{annual_base_rent_amount}} payable in {{payment_frequency}} installments of {{monthly_rent_amount}}. The initial rent will be subject to annual escalations of {{annual_escalation_percentage}}%.

4. TENANT'S OBLIGATIONS

Tenant shall provide Landlord with all necessary information and approvals regarding the Plans and Specifications in a timely manner to avoid construction delays.

Tenant shall be responsible for all costs associated with tenant-specific improvements and fit-out not included in the Landlord's construction obligations, as outlined in the Plans and Specifications.

Tenant agrees to enter into the Lease Agreement upon Substantial Completion of the Improvements and commence payment of rent as stipulated.

5. DEFAULT AND REMEDIES

In the event of a material breach by either party of any covenant, term, or condition of this Agreement, the non-defaulting party shall provide written notice to the defaulting party specifying the nature of the default.

The defaulting party shall have {{cure_period_days}} days from the receipt of such notice to cure the default. Failure to cure the default within the specified period shall entitle the non-defaulting party to pursue all remedies available at law or in equity, including but not limited to, specific performance or termination of this Agreement and recovery of damages.

6. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, fires, floods, earthquakes, or governmental prohibitions (each a "Force Majeure Event").

The party affected by a Force Majeure Event shall promptly notify the other party and shall use commercially reasonable efforts to mitigate the impact of such event.

7. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of {{country}}. Any disputes arising out of or in connection with this Agreement shall be submitted to arbitration in {{arbitration_city}}, {{country}}, in accordance with the rules of the {{arbitration_institution}}.

The language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on both parties.

8. ENTIRE AGREEMENT

This Agreement, together with the attached Exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral.

9. SIGNATURES

**IN WITNESS WHEREOF**, the parties hereto have executed this Build-to-Suit Agreement as of the date first above written.

**LANDLORD:**

_____________________________

By: {{landlord_authorised_signatory}}

Title: {{landlord_signatory_title}}

Date: {{landlord_signature_date}}

**TENANT:**

_____________________________

By: {{tenant_authorised_signatory}}

Title: {{tenant_signatory_title}}

Date: {{tenant_signature_date}}