License Agreement to Install, Construct and Operate Template

Business-in-a-Box's License Agreement to Install, Construct and Operate Template

Document content

This license agreement to install, construct and operate template has 19 pages and is a MS Word file type listed under our legal agreements documents.

Sample of our license agreement to install, construct and operate template:

LICENSE AGREEMENT TO INSTALL, CONSTRUCT AND OPERATE This License Agreement to Install, Construct, and Operate (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Licensor"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Licensee"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS Licensee desires to install, operate and maintain [SPECIFY] (the "Equipment") on the property of Licensor, the location described in Schedule "A" hereto; WHEREAS Licensor agrees to such installation, operation and maintenance, subject to the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the premises and the covenants and agreements set forth herein, Licensor and Licensee covenant and agree as follows: 1. DEFINITIONS In this License Agreement, unless there is something in the subject matter or context inconsistent therewith, the expressions following shall have the meanings indicated below: Actual Cost: The total cost to Licensor of performing any work billable to Licensee pursuant to this License Agreement, including, in addition to the labor rate, the costs or amounts payable or incurred in respect of annual vacations, job security provisions, pension, welfare (medical, dental, etc.), Employment Insurance, Worker's Compensation or any like cost or imposition. Associated Equipment and Hardware: All aboveground Equipment on Licensor's property. Claims: Claims and liabilities of any and every nature whatsoever including, but not limited to: all claims, liabilities, demands, suits, proceedings, judgments, decrees and awards arising out of or relating to harms, injuries, damages, death or destruction of or to person, property, or business, or arising out of or relating to any violation of (or failure to comply with) any applicable law; all theories of relief recognized at law or in equity (including, but not limited to, theories of relief that impose liability without proof of fault or negligence); all losses, damages (including punitive and exemplary damages and awards of attorneys' fees), environmental costs and damages (including investigation and remediation expenses, removal costs, and natural resource damages), expenses (including reasonable attorneys' fees), costs, penalties, forfeitures and fines; and (iv) awards made under any act respecting industrial accidents and occupational diseases or similar legislation, actions and proceedings. Licensor Property: The property of or used by Licensor. Event of Force Majeure: A fortuitous event, superior force, acts of God, fire, strikes, lockouts, riots, and any other disturbance such as a war, blockade, disaster and insurrection. Fee: The annual fee payable by Licensee to Licensor with respect to this License including without limitation the monthly rental payments stipulated at subsection 4(d) hereof. Inflation Factor: The Inflation Factor as determined according to Section 4(e). Inflation Index: The Inflation Index is the number published monthly as the Consumer Price Index, All Items, for [COUNTRY] (or any successor index of inflation of the whole of the [COUNTRY] economy) by the parties (or any successor thereto). Initial Term: The period from [DATE] to [DATE]. License: The license granted by Licensor to Licensee pursuant to Section 2. Licensed Premises: Any portion of Licensor Property that is subject to the License. Linear Foot: A measuring unit equal to [NUMBER] ([NUMBER]) inches in length, English Measure. Project: The Associated Equipment and Hardware, and any modification, replacement and additions thereto, on Licensor Property. Project Coordinator: The person designated by Licensor to act as project coordinator with respect to all work permitted to be carried out by Licensee pursuant to the License on Licensor Property, or his (her) representative. Project Schedule: The schedule as proposed by Licensee and approved by Licensor pursuant to Section 7 hereof. Renewal Term: The term of the renewal hereof upon the expiration of the Initial Term, pursuant to Section 3 hereof. Subsidiary: Has the meaning ascribed to the term "subsidiary body corporate"; Term: The term of the License applicable to the Project, as described in Section 3, which specifically includes the Initial Term, and to the extent applicable, the Renewal Term, unless earlier terminated. 2. GRANT OF LICENSE Subject to the terms and conditions hereof, Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, the non-exclusive right and permission to install, construct, operate, maintain, modify, repair, add-to, re-install, relocate, remove and replace [SPECIFY] along, in, under and, upon written approval by Licensor, on or over the Licensor Property, at the locations described in Schedule "A", and in all cases subject to the terms of this License Agreement. The License applicable to the above is referred to herein as the "License" applicable to the "Project". The License shall be irrevocable for its Term except as specifically provided herein. By granting this License, Licensor is not conveying any real property interest in the Licensor Property nor any right, title or interest not specifically set forth hereunder. The rights granted to Licensee herein constitute a license only and shall not under any circumstances whatsoever constitute a right by Licensee to have or claim exclusive possession of the Licensed Premises and this License shall not constitute nor be interpreted to be either a partnership agreement, employment agreement, lease or joint venture agreement made between the parties. Licensee shall exercise its rights under this License Agreement in a manner which does not interfere with existing rights of third parties occupying or using any part of the Licensor Property. Licensor hereby acknowledges and agrees that the Equipment in place as at the date hereof at the locations mentioned in Attachment "A" is acceptable to it and otherwise in compliance with the provisions of this License Agreement. 3. LICENSE TERM FOR THE PROJECT The Initial Term of the License applicable to the Project shall commence as of [DATE] and shall continue until [DATE]. Provided it has complied with all terms and conditions herein contained, Licensee will have the right, at its option, upon written notice to Licensor not less than [NUMBER] ([NUMBER]) months prior to the expiry of the Initial Term, to cause the term of this License Agreement to be extended for a further period of [NUMBER] ([NUMBER]) years commencing on the day following the expiry of the Initial Term (the " Renewal Term"), upon the same terms and conditions as contained in this License Agreement, save for the right to renew and for the Fee, which shall be negotiated between the parties during the notice period and which fee shall correspond to prevailing market rates at that time but shall not be less than the current fee at the time of expiry of the Initial Term. In the event that the parties should be unable to agree on the Fee to apply during the Renewal Term, the Fee shall be definitively determined by final, binding and non-appealable arbitration, excluding any recourse before the courts of law, in accordance with the provisions of the law of [STATE/PROVINCE] in force at the time this License Agreement is signed and to which the parties declare they have adhered, to be heard before a single arbitrator to be appointed by both parties. In the event that the parties are unable to agree on such arbitrator, such arbitrator shall be appointed by a Judge of the [STATE/PROVINCE] Court (General Division) upon application in that regard by either party. The determination made by the said arbitrator shall be final and binding on both parties

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Document content

This license agreement to install, construct and operate template has 19 pages and is a MS Word file type listed under our legal agreements documents.

Sample of our license agreement to install, construct and operate template:

LICENSE AGREEMENT TO INSTALL, CONSTRUCT AND OPERATE This License Agreement to Install, Construct, and Operate (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Licensor"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Licensee"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS Licensee desires to install, operate and maintain [SPECIFY] (the "Equipment") on the property of Licensor, the location described in Schedule "A" hereto; WHEREAS Licensor agrees to such installation, operation and maintenance, subject to the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the premises and the covenants and agreements set forth herein, Licensor and Licensee covenant and agree as follows: 1. DEFINITIONS In this License Agreement, unless there is something in the subject matter or context inconsistent therewith, the expressions following shall have the meanings indicated below: Actual Cost: The total cost to Licensor of performing any work billable to Licensee pursuant to this License Agreement, including, in addition to the labor rate, the costs or amounts payable or incurred in respect of annual vacations, job security provisions, pension, welfare (medical, dental, etc.), Employment Insurance, Worker's Compensation or any like cost or imposition. Associated Equipment and Hardware: All aboveground Equipment on Licensor's property. Claims: Claims and liabilities of any and every nature whatsoever including, but not limited to: all claims, liabilities, demands, suits, proceedings, judgments, decrees and awards arising out of or relating to harms, injuries, damages, death or destruction of or to person, property, or business, or arising out of or relating to any violation of (or failure to comply with) any applicable law; all theories of relief recognized at law or in equity (including, but not limited to, theories of relief that impose liability without proof of fault or negligence); all losses, damages (including punitive and exemplary damages and awards of attorneys' fees), environmental costs and damages (including investigation and remediation expenses, removal costs, and natural resource damages), expenses (including reasonable attorneys' fees), costs, penalties, forfeitures and fines; and (iv) awards made under any act respecting industrial accidents and occupational diseases or similar legislation, actions and proceedings. Licensor Property: The property of or used by Licensor. Event of Force Majeure: A fortuitous event, superior force, acts of God, fire, strikes, lockouts, riots, and any other disturbance such as a war, blockade, disaster and insurrection. Fee: The annual fee payable by Licensee to Licensor with respect to this License including without limitation the monthly rental payments stipulated at subsection 4(d) hereof. Inflation Factor: The Inflation Factor as determined according to Section 4(e). Inflation Index: The Inflation Index is the number published monthly as the Consumer Price Index, All Items, for [COUNTRY] (or any successor index of inflation of the whole of the [COUNTRY] economy) by the parties (or any successor thereto). Initial Term: The period from [DATE] to [DATE]. License: The license granted by Licensor to Licensee pursuant to Section 2. Licensed Premises: Any portion of Licensor Property that is subject to the License. Linear Foot: A measuring unit equal to [NUMBER] ([NUMBER]) inches in length, English Measure. Project: The Associated Equipment and Hardware, and any modification, replacement and additions thereto, on Licensor Property. Project Coordinator: The person designated by Licensor to act as project coordinator with respect to all work permitted to be carried out by Licensee pursuant to the License on Licensor Property, or his (her) representative. Project Schedule: The schedule as proposed by Licensee and approved by Licensor pursuant to Section 7 hereof. Renewal Term: The term of the renewal hereof upon the expiration of the Initial Term, pursuant to Section 3 hereof. Subsidiary: Has the meaning ascribed to the term "subsidiary body corporate"; Term: The term of the License applicable to the Project, as described in Section 3, which specifically includes the Initial Term, and to the extent applicable, the Renewal Term, unless earlier terminated. 2. GRANT OF LICENSE Subject to the terms and conditions hereof, Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, the non-exclusive right and permission to install, construct, operate, maintain, modify, repair, add-to, re-install, relocate, remove and replace [SPECIFY] along, in, under and, upon written approval by Licensor, on or over the Licensor Property, at the locations described in Schedule "A", and in all cases subject to the terms of this License Agreement. The License applicable to the above is referred to herein as the "License" applicable to the "Project". The License shall be irrevocable for its Term except as specifically provided herein. By granting this License, Licensor is not conveying any real property interest in the Licensor Property nor any right, title or interest not specifically set forth hereunder. The rights granted to Licensee herein constitute a license only and shall not under any circumstances whatsoever constitute a right by Licensee to have or claim exclusive possession of the Licensed Premises and this License shall not constitute nor be interpreted to be either a partnership agreement, employment agreement, lease or joint venture agreement made between the parties. Licensee shall exercise its rights under this License Agreement in a manner which does not interfere with existing rights of third parties occupying or using any part of the Licensor Property. Licensor hereby acknowledges and agrees that the Equipment in place as at the date hereof at the locations mentioned in Attachment "A" is acceptable to it and otherwise in compliance with the provisions of this License Agreement. 3. LICENSE TERM FOR THE PROJECT The Initial Term of the License applicable to the Project shall commence as of [DATE] and shall continue until [DATE]. Provided it has complied with all terms and conditions herein contained, Licensee will have the right, at its option, upon written notice to Licensor not less than [NUMBER] ([NUMBER]) months prior to the expiry of the Initial Term, to cause the term of this License Agreement to be extended for a further period of [NUMBER] ([NUMBER]) years commencing on the day following the expiry of the Initial Term (the " Renewal Term"), upon the same terms and conditions as contained in this License Agreement, save for the right to renew and for the Fee, which shall be negotiated between the parties during the notice period and which fee shall correspond to prevailing market rates at that time but shall not be less than the current fee at the time of expiry of the Initial Term. In the event that the parties should be unable to agree on the Fee to apply during the Renewal Term, the Fee shall be definitively determined by final, binding and non-appealable arbitration, excluding any recourse before the courts of law, in accordance with the provisions of the law of [STATE/PROVINCE] in force at the time this License Agreement is signed and to which the parties declare they have adhered, to be heard before a single arbitrator to be appointed by both parties. In the event that the parties are unable to agree on such arbitrator, such arbitrator shall be appointed by a Judge of the [STATE/PROVINCE] Court (General Division) upon application in that regard by either party. The determination made by the said arbitrator shall be final and binding on both parties

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