Legal Boundary Waiver

LEGAL BOUNDARY WAIVER

This Legal Boundary Waiver (the "Waiver") is made as of by and between Owner Name: with mailing address (hereinafter "Owner"), and Licensee Name: with mailing address (hereinafter "Licensee").

RECITALS

WHEREAS, Owner is the record owner of certain real property described as:

WHEREAS, Licensee seeks permission to enter upon, perform work within, or temporarily occupy a portion of land at or adjacent to the boundary line of the Property for the specific purposes described below; and

WHEREAS, Owner is willing to grant a limited, revocable waiver of certain boundary-related claims and remedies subject to the terms and conditions set forth herein.

NOW, THEREFORE

In consideration of the mutual covenants contained in this Waiver and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Licensee agree as follows:

1. GRANT OF WAIVER

1.1 Owner hereby grants to Licensee a limited, non-exclusive waiver of boundary-related claims solely to the extent necessary for Licensee to undertake the Permitted Activities described in Section 2 below upon the Property. This Waiver does not convey any ownership interest, easement, or permanent right in the Property and is limited to the scope, duration, and conditions set forth in this Waiver.

2. PERMITTED ACTIVITIES

2.1 Licensee shall perform only the activities expressly described in the Description of Permitted Activities and shall not expand the scope without prior written consent of Owner. All work shall be performed in a professional and workmanlike manner and in compliance with applicable laws, codes, and regulations.

3. TERM; TERMINATION

3.1 The term of this Waiver shall commence on and shall expire on unless earlier terminated in accordance with this Waiver.

3.2 Owner may terminate this Waiver upon written notice to Licensee if Licensee materially breaches any obligation hereunder and fails to cure such breach within a reasonable period not to exceed thirty (30) days after receipt of written notice.

4. SURVEY; BOUNDARY ACKNOWLEDGMENT

4.1 Licensee acknowledges that any work performed near the boundary is done at Licensee's risk. Licensee shall obtain, at Licensee's expense, any survey or boundary verification reasonably required by Owner prior to commencement of work. Survey Date:

4.2 To the extent minor encroachments or differences in boundary location are discovered, Owner, by executing this Waiver, expressly waives the right to bring an action against Licensee for trespass or boundary encroachment arising solely from the Permitted Activities, provided Licensee complies with the terms of this Waiver and restores or remedies any damage as required herein.

5. RESTORATION; SECURITY

5.1 Upon completion of the Permitted Activities or upon termination of this Waiver, Licensee shall promptly restore the Property to substantially the same condition as existed prior to the commencement of work, reasonable wear and tear excepted. If Licensee fails to restore the Property within a reasonable time, Owner may perform such restoration and recover the reasonable cost from Licensee.

6. INDEMNIFICATION

6.1 Licensee shall defend, indemnify and hold harmless Owner and Owner's agents, employees and contractors from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with Licensee's entry onto the Property, the Permitted Activities, or any negligent or intentional act or omission of Licensee or its agents, except to the extent such claims arise from Owner's willful misconduct or gross negligence.

7. INSURANCE

7.1 Licensee shall maintain, at its expense, commercial general liability insurance and worker's compensation insurance, in amounts reasonably acceptable to Owner, naming Owner as an additional insured where applicable, and shall deliver certificates evidencing such coverage to Owner prior to commencing work.

8. NOTICE; CONTACTS

8.1 All notices, requests or other communications required or permitted under this Waiver shall be in writing and delivered to the addresses set forth above or to such other address as either party designates by notice in accordance with this Section.

9. ASSIGNMENT; RECORDING

9.1 This Waiver is personal to the Licensee and may not be assigned without Owner's prior written consent. 9.2 Owner may record a memorandum or short form of this Waiver in the land records to provide notice to third parties; any recorded instrument shall be in form mutually acceptable to the parties and shall not expand the rights granted herein.

10. REPRESENTATIONS AND WARRANTIES

10.1 Owner represents and warrants that Owner is the lawful owner of the Property and has full power and authority to execute and deliver this Waiver. 10.2 Licensee represents and warrants that it has the authority to undertake the Permitted Activities and will comply with all applicable laws and obtain all required permits.

11. GOVERNING LAW; VENUE

11.1 This Waiver shall be governed by and construed in accordance with the laws of the state specified above without regard to conflict of laws principles. Venue for any action arising out of this Waiver shall lie in the competent courts of that state.

12. ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY

12.1 This Waiver constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions, negotiations and agreements. 12.2 This Waiver may be amended only by a written instrument executed by both parties. 12.3 If any provision of this Waiver is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. WAIVER; COUNTERPARTS

13.1 No failure or delay by either party in exercising any right will operate as a waiver, and any waiver must be in writing signed by the waiving party. 13.2 This Waiver may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.

Sign Now