Written form requirement clause samples

The Parties are aware of the statutory written form requirements of §§550, 578 126 BGB. They hereby mutually agree, at the request of a Party at any time, to perform all actions and to submit all declarations that are required to satisfy the statutory written form requirement. This applies not only to entering into this contract, but also to all other supplements, amendments, and other contracts and addenda to this contract. The Parties agree that termination of this Lease Agreement due to noncompliance with the written form requirement constitutes a violation of good faith, unless all reasonable efforts have been made prior thereto in order to fulfill the requirement that the Lease Agreement be executed in writing. This clause on the obligation to cure violations of the written form requirement does not apply to a future buyer of the property due to the protective purpose of §550 BGB. In the case that the leased premises are sold and the tenancy transfers to the buyer as the new landlord, Tenant agrees to enter into an identical clause regarding the written form requirement in a Supplement with said buyer, if the buyer requests this. In order to protect Tenant’s interests, Landlord is required to obligate a future buyer in a Sales Contract (agreement pursuant to §328 BGB) to enter into a Supplement with Tenant that contains a clause regarding the written form requirement, if Tenant requests this.

The same shall also apply for deviating from the written form requirement. Verbal side agreements shall not exist.

compliance with the statutory written form requirement. This applies not only to the conclusion of the original agreement, but also to all addenda, amendments and additional agreements. In the event of any sale of the Lease Object, the purchaser is not prohibited from pleading a possible defect in written form. If requested by the purchaser to do so, however, Lessee undertakes to conclude an addendum with the purchaser that satisfies the written form requirement, by way of which the content of the above paragraph is also made the subject matter of the contract in the relationship between Lessee and the purchaser.

6.3 No side agreements have been entered into. Any amendments and/or supplements to this rider as well as other amendments to the original agreement and previous riders shall be made in writing for their effectiveness. This shall also apply to an amendment of this clause. The parties are aware of the written form requirements of section 550 in conjunction with section 578 (1)BGB [German Civil Code]. They agree that this rider and the lease agreement should be concluded in written form pursuant to sections 550 and 578 BGB. The Parties herewith mutually undertake, upon request by either party at any time, to carry out all the actions and submit all the declarations required to satisfy this written form requirement, in particular to not prematurely terminate the lease agreement by appealing to non-compliance with the written form requirement. This applies not only to the conclusion of the original agreement but also to any riders, amending agreements and supplemental agreements. In the event of a sale of the leased premises, the purchaser shall not be barred from appealing to any deficit in the written form requirement. However, upon request by the purchaser, the Lessee undertakes to conclude, with this one rider that meets the written form requirement with which the content of the aforementioned paragraph is also made a subject matter of the agreement in relation to the lessee / purchaser.

2.3 The Lessee has the right to make additions or changes to construction work “Special Lessee Requests” known to the Lessor no later than 01.12.2012 if and to the extent these are not associated with additional costs of more than EUR 20,000.00 (net) (“Additional Costs Budget”). If the Lessee does not make any Special Lessee Requests known or if the additional costs of the Special Lessee Requests do not exceed the Additional Costs Budget, the Lessor shall credit the Lessee with the unused remainder of the Additional Costs Budget as a one-off net rental reduction. The Lessor shall submit to the Lessee the costs schedule of the additional costs within three weeks after the submission of or final accounts for the execution of the Special Lessee Requests. The Lessee may deduct the rental reduction from the next rental payment after receipt of a relevant credit note from the Lessor. The Lessor is entitled to refuse the execution of such Special Lessee Requests if and to the extent these are to the detriment of the statics, the technical building equipment or the fire protection and safety concerns of the building, restrict the ability of the property to receive permits on the whole or the expansion in the individual case, or they adversely deviate from the building description so that they are inherent with a reduction in the leased space, result in a delay of the completion of the leased premises or restrict the possibilities of the leased premises to be used by third parties. If Special Lessee Requests are executed, the parties shall conclude a relevant rider to this lease agreement after completion that is in compliance with the statutory written form requirement. This rider shall detail in writing the changes to the fixtures and fittings of the leased premises resulting from the implementation of the Special Lessee Requests.

3a) The parties to the lease are aware of the special legal written form requirements of sections 550 and 126 BGB. Both parties herewith undertake, upon request by either party at any time, to carry out all the actions and submit all the declarations required to comply with the statutory written form requirement and to not terminate the lease agreement prematurely by appealing to non-adherence to the written form requirement. This shall apply not only to the conclusion of the original/main agreement but also to any riders and amendment and supplementary agreements.

The parties to the rental contract are aware of the written form requirements of Sections 550 in conjunction with 578 para. 1 German Civil Code (BGB). They agree that the rental contract should be in written form in accordance with the aforementioned regulations. The tenant hereby undertakes, at the landlord's request at any time, to take all actions and make all declarations necessary to satisfy the written form requirement. The tenant also declares that they will not terminate the rental contract prematurely on the grounds of failure to comply with the written form.

The Parties undertake not to terminate this Lease early by invoking any non-compliance with the written form requirement. This applies not only to the conclusion of this Lease, but also to any addenda, amendments or supplements hereto. If the written form requirement is not complied with for amendments and supplements, the Parties further undertake to rectify this immediately.

§ 9 Verschiedenes Section 9 Miscellaneous 1.Ausschließlicher Gerichtsstand für alle aus oder im Zusammenhang mit dieser Vereinbarung entstehen-den Streitigkeiten ist Düsseldorf. 1.The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Düsseldorf. 2.Mündliche Nebenabreden wurden nicht getroffen. Änderungen oder Ergänzungen zu diesem Vertrag bedürfen der Schriftform. Das gleiche gilt für den Verzicht auf das Schriftformerfordernis. 2.No verbal subsidiary agreements have been made. Any amendments or supplements to this Agreement must be made in writing. The same shall apply to a waiver of the written form requirement. 3.Sollte eine Bestimmung dieses Vertrages unwirksam oder undurchführbar sein oder werden, so wird hierdurch die Wirksamkeit des Vertrages im Übrigen nicht berührt. Die Parteien werden in einem solchen Fall die unwirksame oder undurchführbare Bestimmung durch eine wirksame und durchführbare Bestimmung ersetzen, die dem gewollten wirtschaftlichen Zweck der unwirksamen oder undurchführbaren Bestimmung möglichst nahe kommt. Entsprechendes gilt für den Fall einer Regelungslücke. 3.Should a provision of this Agreement be or become invalid or unenforceable, this shall not affect the validity of the remainder of the Agreement. In such a case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the intended economic purpose of the invalid or unenforceable one. The same shall apply to any omission.

No modification or amendment of this Agreement shall be valid or binding upon the Parties hereto unless made in writing and duly executed on behalf of both of the Parties by their respective duly authorised officers. This also applies to any waiver of the aforementioned written form requirement. Any modifications to the Specifications shall be agreed to in writing by both Parties. The last agreed version shall automatically supersede the previous one.