Real Estate Utilization Contract

REAL ESTATE UTILIZATION CONTRACT

This Real Estate Utilization Contract (the Agreement) is made and entered into as of by and between Owner Name: (Owner) and User Name: (User).

PROPERTY IDENTIFICATION

RECITALS AND PURPOSE

Owner is the lawful owner of the Property. Owner grants User a limited right to utilize the Property for the specific purposes set forth in this Agreement and subject to the terms, conditions, covenants, and restrictions herein. The permitted uses are described below and are non-transferable without Owner's prior written consent.

TERM; POSSESSION; ACCESS

Term Commencement Date: . Term Expiration Date: .

Possession for the permitted use shall commence on the commencement date and shall terminate on the expiration date unless earlier terminated pursuant to this Agreement. Owner retains the right to reasonable access to the Property for inspection, maintenance, and compliance, provided Owner gives User days' prior notice, except in cases of emergency.

FINANCIAL TERMS

IMPROVEMENTS, MAINTENANCE, AND RESTORATION

User shall perform ordinary maintenance necessary for the permitted use. Major repairs, structural changes, or permanent improvements require Owner's prior written consent. Any consent given shall be conditioned upon User obtaining permits and providing proof of insurance as required below. Upon termination, User shall, at Owner's option, restore the Property to its pre-use condition, ordinary wear and tear excepted.

INSURANCE, INDEMNITY, AND LIABILITY

User shall, at User's expense, maintain commercial general liability insurance including property damage, personal injury, and contractual liability, with minimum limits of . User shall provide Owner with a certificate of insurance naming Owner as additional insured where required by Owner.

User agrees to indemnify, defend, and hold harmless Owner, its agents and employees, from and against all claims, liabilities, losses, costs and expenses, including reasonable attorneys' fees, arising out of User's use or occupancy of the Property, except to the extent caused by Owner's gross negligence or willful misconduct.

PERMITS AND COMPLIANCE

User shall obtain and maintain at its expense all permits, licenses, and approvals required for the permitted use and shall comply with all applicable laws, ordinances, regulations and rules. Failure to obtain required permits constitutes a material breach entitling Owner to immediate termination and recovery of damages.

DISCLOSURES

The following disclose known conditions affecting the Property. User acknowledges receipt of these disclosures or the opportunity to inspect and investigate.

Lead-Based Paint Present? Yes No

Known Mold or Water Intrusion? Yes No

Prior Structural or Fire Damage? Yes No

DEFAULT; REMEDIES

The following constitute events of default: (a) failure to pay utilization fee or any other sum when due and failure to cure such default within days after written notice; (b) failure to comply with material terms of this Agreement and failure to cure within days after written notice; or (c) bankruptcy or insolvency of User.

Upon default, Owner may terminate this Agreement, re-enter the Property, recover possession, recover unpaid sums and damages, and pursue any other remedy available at law or in equity. The prevailing party in any dispute arising hereunder shall be entitled to recover reasonable attorneys' fees, court costs, and expenses.

TERMINATION

This Agreement may be terminated by Owner for material breach by User subject to applicable cure periods, or by mutual written agreement. Either party may terminate for convenience upon days' prior written notice.

NOTICES

Notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below by hand delivery, nationally recognized overnight courier, or certified mail, return receipt requested, or as otherwise agreed in writing.

MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. Venue for any action arising out of this Agreement shall be in the competent courts of that state.

Entire Agreement; Amendments: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. No modification or amendment shall be effective unless in writing signed by both parties.

Assignment: User may not assign or transfer any interest in this Agreement without Owner's prior written consent, which consent may be withheld in Owner's sole discretion.

Severability: If any provision of this Agreement is held invalid or unenforceable, such holding shall not affect the remainder of this Agreement, which shall remain in full force and effect.

REPRESENTATIONS AND WARRANTIES

Owner represents and warrants that Owner has full power and authority to grant the rights granted herein and that there are no existing leases or encumbrances on the Property that would materially interfere with User's permitted use except as disclosed in writing. User represents and warrants that its use will comply with applicable laws and will not create a nuisance or hazard.

SIGNATURES

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