License Agreement

General Form of License Agreement Regarding Right to Use Real Property

Agreement made on the day of , 20 , between

(Licensor) of
(street address, city, county, state, zip code), referred to herein as Licensor, and
(Licensee), a corporation organized and existing under the laws of the state of , with
its principal office located at
(street address, city, county, state, zip code), referred to herein as Licensee.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

I. Grant of License and Description of Premises

Licensor grants to Licensee a license to occupy and use, subject to all of the terms and conditions of this Agreement, the following described property located in (County & State), said property being hereafter referred to as Property and being more particularly described as follows:

(insert legal description)

II. Described Purpose and Limitation

The Property may be occupied and used by Licensee solely for
(state primary purpose) and for incidental purposes related to such purpose during the period beginning (date), and continuing until this Agreement is terminated as provided in this Agreement.

III. Periodic Payments

Licensee shall pay Licensor for this License $ per (e.g., month) payable in advance. The first payment shall be made on the date of the beginning of the period specified above. Subsequent payments shall be made in advance promptly on the
(e.g., the first day of each month) thereafter during the continuation of this Agreement.

IV. Variable Payments

In addition to making the payments provided for in Section III of this Agreement, Licensee shall make payments based on the extent of utilization of the above-described property. Such payments shall be at the rate of
(describe).

The first payment under this provision shall cover the period from and including (date), to and including (date), and shall be due and payable on (date).

Subsequent payments shall cover intervals after (date), and each such payment shall be due and payable days after the expiration of the interval to which it is applicable. All payments shall be supported by appropriate statements certified by Licensee.

V. Termination

A. Either party may terminate this Agreement at any time, without regard to payment periods by giving written notice to the other, specifying the date of termination, such notice to be given not less than days prior to the date specified in such notice for the date of termination.

B. Should the above-described property, or any essential part of such property, be totally destroyed by fire or other casualty, this Agreement shall immediately terminate; and, in the case of partial destruction, this Agreement may be terminated by either party by giving written notice to the other, specifying the date of termination, such notice to be given within days following such partial destruction and not less than days prior to the termination date specified in such notice.

C. If Licensee shall make an assignment for the benefit of creditors, or be placed in receivership or adjudicated a bankrupt, or take advantage of any bankruptcy or insolvency law, Licensor may terminate this Agreement by giving written notice to the Licensee, specifying the date of termination, such notice to be given not less than days prior to the date specified in such notice for the date of termination.

VI. Apportionment of Payments on Termination

A. On any termination of this Agreement, Licensor shall apportion, on a -day basis, the fee paid in advance from and including the first day of the
during which the Agreement is terminated to and including the day on which the Agreement is terminated, and the Licensor shall refund to the Licensee the unearned portion of such fee; provided, however, that no refund shall be in an amount less than $ .

B. On any termination of this Agreement, Licensee shall quit the above-described Property, and shall remove from such Property all property installed in, on, or attached to the above-described Property.

C. Any termination of this Agreement, howsoever caused, shall be entirely without prejudice to the rights of Licensor that have accrued under this Agreement prior to the date of such termination.

VII. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

VIII. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

IX. Mandatory Arbitration

Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

X. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XI. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XII. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XIII. Counterparts

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

WITNESS our signatures as of the day and date first above stated.