Facts
On July 11, 2014, [A. GmbH] (tenant, appellant) concluded a preliminary lease agreement with [C. AG] (now: [B. AG] ; landlord, respondent) for the property [X.] in [U.] or the [D.] sports center. The contract was first terminable as of March 31, 2020, with a notice period of six months. The landlord terminated the contract in due time as of March 31, 2020. The parties concluded a new lease agreement on March 30, 2020, which stated in the preamble that the landlord was in a planning and building permit procedure to construct one to a maximum of three commercial buildings based on the valid design plan, which would entail significant changes for the [D.] sports center. By letter dated July 13, 2020, the landlord terminated the lease agreement of March 30, 2020 as of October 31, 2020 due to the progress of the announced redevelopment. After intervention by the tenant, it repeated the termination on August 13, 2020 using the official form, effective February 28, 2021.
Considerations
The Federal Court dismissed the tenant's appeal. It concluded that the wording of the lease agreement of March 30, 2020 was clear and provided for a mutual right of termination at any time with a notice period of 3 months. The content of the contract also supported the interpretation of the lower court that the contract did not…