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Legal AgreementsDue Diligence

License Agreement to Install, Construct and Operate

This template is a License Agreement granting a licensee permission to install, construct, and operate a facility on the licensor's property, outlining the terms, conditions, and responsibilities of both parties. It is suitable for scenarios where a business needs to establish operations on land owned by another entity.

Updated 15d ago
license agreementconstructionoperationpropertySMESouthern Africa

{{company_name}}

{{company_address}}

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

License Agreement to Install, Construct and Operate

License Agreement to Install, Construct and Operate

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

LICENSE AGREEMENT TO INSTALL, CONSTRUCT AND OPERATE

This License Agreement ("Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}},

BETWEEN:

{{licensor_company_name}}, a company duly incorporated under the laws of {{licensor_jurisdiction}}, with its principal place of business at {{licensor_address}} (hereinafter referred to as "the Licensor");

AND

{{licensee_company_name}}, a company duly incorporated under the laws of {{licensee_jurisdiction}}, with its principal place of business at {{licensee_address}} (hereinafter referred to as "the Licensee").

(The Licensor and Licensee are hereinafter collectively referred to as “the Parties” and individually as “a Party”.)

1. DEFINITIONS AND INTERPRETATION

1.1. “Licensed Area” means that portion of the Licensor’s property located at {{property_address}}, more fully described in Annexure A.

1.2. “Facility” means the {{type_of_facility}} to be installed, constructed, and operated by the Licensee within the Licensed Area.

1.3. “Commencement Date” means the effective date of this Agreement, being {{agreement_start_date}}.

1.4. Any reference to one gender shall include the other gender.

1.5. Headings are for convenience only and do not affect interpretation.

2. GRANT OF LICENSE

2.1. The Licensor hereby grants to the Licensee a non-exclusive license to enter upon the Licensed Area for the purpose of installing, constructing, and operating the Facility, subject to the terms and conditions of this Agreement.

2.2. The Licensee shall have access to the Licensed Area during {{access_times}} for the purposes of the license granted herein.

3. TERM AND TERMINATION

3.1. This Agreement shall commence on the Commencement Date and continue for an initial period of {{initial_term_years}} years, renewable upon mutual written agreement of the Parties.

3.2. Either Party may terminate this Agreement by giving {{notice_period}} days’ written notice to the other Party in the event of a material breach of any term or condition of this Agreement by the other Party, which breach is not remedied within {{cure_period}} days of receipt of written notice requiring its remedy.

3.3. Upon termination, the Licensee shall, at its own expense, remove the Facility and restore the Licensed Area to its original condition, fair wear and tear excepted, within {{restoration_period}} days.

4. LICENSE FEE

4.1. The Licensee shall pay to the Licensor a license fee of {{currency}} {{amount}} ({{amount_in_words}}) per {{payment_frequency}}, payable in advance on the {{payment_due_date}} of each {{payment_frequency}}.

4.2. All payments shall be made into the Licensor's nominated bank account: Account Name: {{licensor_bank_account_name}}, Bank: {{licensor_bank_name}}, Account Number: {{licensor_account_number}}, Branch Code: {{licensor_branch_code}}.

5. OBLIGATIONS OF THE LICENSEE

5.1. The Licensee shall conduct all installation, construction, and operation activities in a safe and professional manner, in accordance with all applicable laws, regulations, and industry standards.

5.2. The Licensee shall obtain all necessary permits, licenses, and approvals required for the installation, construction, and operation of the Facility.

5.3. The Licensee shall be responsible for all costs associated with the installation, construction, maintenance, and operation of the Facility.

5.4. The Licensee shall indemnify and hold harmless the Licensor from and against any and all claims, liabilities, damages, costs, and expenses arising from the Licensee's activities on the Licensed Area.

6. OBLIGATIONS OF THE LICENSOR

6.1. The Licensor shall grant the Licensee unhindered access to the Licensed Area for the purposes outlined in this Agreement.

6.2. The Licensor shall not interfere with the Licensee's lawful installation, construction, or operation of the Facility.

7. INSURANCE

7.1. The Licensee shall, at its own expense, obtain and maintain throughout the term of this Agreement, public liability insurance with a reputable insurer, with a minimum coverage of {{currency}} {{insurance_amount}}, naming the Licensor as an additional insured party.

7.2. The Licensee shall provide the Licensor with proof of such insurance upon request.

8. DISPUTE RESOLUTION

8.1. Any dispute arising out of or in connection with this Agreement shall first be referred to negotiation between the Parties.

8.2. If the dispute is not resolved through negotiation within {{negotiation_period}} days, it shall be referred to mediation in accordance with the rules of {{mediation_body}}.

8.3. If mediation fails, the dispute shall be referred to arbitration in accordance with the rules of {{arbitration_body}}.

9. GOVERNING LAW AND JURISDICTION

9.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

9.2. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of {{jurisdiction_for_disputes}}.

10. GENERAL PROVISIONS

10.1. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral.

10.2. No amendment or variation of this Agreement shall be valid unless in writing and signed by both Parties.

10.3. No waiver of any breach of any provision of this Agreement shall be effective unless in writing and signed by the waiving Party.

10.4. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.5. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

SIGNATURES:

THUS DONE AND SIGNED at {{licensor_signing_place}} on this {{licensor_signing_day}} day of {{licensor_signing_month}}, {{licensor_signing_year}}.

For and on behalf of the Licensor:

_________________________

Name: {{licensor_signatory_name}}

Designation: {{licensor_signatory_designation}}

THUS DONE AND SIGNED at {{licensee_signing_place}} on this {{licensee_signing_day}} day of {{licensee_signing_month}}, {{licensee_signing_year}}.

For and on behalf of the Licensee:

_________________________

Name: {{licensee_signatory_name}}

Designation: {{licensee_signatory_designation}}

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