PROPERTY EASEMENT AGREEMENT

This Property Management Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT THE DATE ON WHICH AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT THE NAME OF THE GRANTOR], having registered office at [INSERT THE ADDRESS OF THE GRANTOR] (hereinafter referred to as the “Grantor” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT THE NAME OF THE GRANTEE], having registered office at [INSERT THE ADDRESS OF THE GRANTEE] (hereinafter referred to as the “Grantee” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Grantor” and the “Grantee” together shall be referred to as “Parties” and individually as a “Party”.

WHEREAS

1. The Grantor is lawful owner of the property located a [INSERT THE LOCATION OF THE PROPERTY].
2. The Grantee desires to obtain an easement over the servient estate of the Grantor for the purpose of [INSERT THE PURPOSE T OBTAIN EASEMENT].
3. The Grantor and Grantee mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
4. The parties are duly authorized and have the capacity to enter into this agreement.
5. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

1. DEFINITIONS
   1. “Grantor” refers to an individual that owns the said property as mentioned in this agreement.
   2. “Grantee” refers to an individual having easement over the servient estate as outlined in this agreement.
   3. “Servient estate” refers to the portion of land that is subject to an easement.
   4. “Property” refers to the real estate property located at [INSERT THE ADDRESS OF REAL ESTATE PROPERTY].
2. GRANT OF EASEMENT
   1. The Grantor hereby grants to the Grantee, its successors, and assigns a non-exclusive easement over and through a portion of the servient estate (“Easement Area”).
   2. The Easement area is located at [INSERT ADDRESS OF THE EASEMENT AREA] and has a description as follows [INSERT DESCRIPTION OF THE SAID PROPERTY].
3. PURPOSE OF EASEMENT
   1. The Easement is granted for the purpose of [INSERT PURPOSE OF THE EASEMENT].
   2. The Grantee shall not engage in any activity beyond the purpose stated in this Agreement and shall refrain from any activity that are not expressly permitted by this agreement.
4. TERM AND TERMINATION
   1. The term shall commence on the effective date hereof and shall continue for a period of [INSERT TERM OF AGREEMENT IN YEARS OR MONTHS], unless terminated earlier or extended as per the terms of this agreement.
   2. Notwithstanding any other provisions herein contained, and without prejudice to any other rights, either party shall have the right to terminate the present Agreement by giving the other party a written notice of [INSERT NUMBER OF DAYS WTHIN WHICH WRITTEN NOTICE OF TERMINATION SHALL BE GIVEN] days.
   3. The Parties may terminate the agreement if there is a material breach of the terms and failure to resolve such a breach within 30 days of notification of such a breach.
5. PAYMENT
   1. The Grantee shall pay a maximum total of [INSERT THE MAXIMUM AMOUNT TO BE PAID BY GRANTEE] plus any other taxes imposed by any federal, state or local government and any other amounts owed under this Agreement to the Grantor. All payments under this agreement shall be made in [INSERT THE CURRENCY IN WHICH PAYMENT SHALL BE MADE] via [INSERT MODE OF PAYMENT].
   2. In the event of non-payment of amount or any breach in case of payment terms by the Grantee, The Grantor shall have the right to suspend access to the easement area until such time as full payment has been made and any breach of payment has been remedied.
6. GRANTOR’S RIGHTS AND DUTIES
   1. The Grantor has the right to receive any agreed upon payments from the Grantee for the easement rights granted.
   2. The Grantor retains the ownership and the right to use the servient property provided that such use does not interfere with the Grantee’s rights.
   3. The Grantor reserves the right to inspect the Easement Area to ensure that it is being used and maintained according to the terms of the Agreement.
   4. The Grantor must inform the Grantee of any changes or issues affecting the Easement Area that may impact the Grantee’s use.
7. GRANTEE’S RIGHTS AND DUTIES
   1. The Grantee shall, at its sole cost and expense, maintain and repair the Easement Area to ensure that it remains safe and in usable condition.
   2. The Grantee shall ensure that the easement area is kept in a condition that allows for unobstructed use and access as specified in this agreement.
   3. The Grantee shall use the Easement Area in a manner that does not unreasonably interfere with the Grantor’s use and enjoyment of the Servient estate.
   4. The Grantee must inform the Grantor of any changes or issues affecting the servient estate that may impact the Grantor’s use.
8. LIABILITY INSURANCE
   1. The Grantee shall obtain and maintain liability insurance coverage in the amount of [INSERT THE AMOUNT TO BE PAID AS LIABILITY INSURANCE COVERAGE] for any claims arising out of or in connection with the use of the Easement Area as permitted under this Agreement.
   2. The Grantee shall provide the Grantor with certificates of insurance evidencing the required coverage before commencing any activities under this Agreement. Such certificates shall be delivered to the Grantor
   3. The insurance policy shall name the Grantor as an additional insured under the liability insurance policy. This additional insured status shall provide protection to the Grantor against any claims arising from the Grantee’s activities within the Easement Area.
   4. The Grantee shall be liable for any claims, losses, or damages arising from their failure to maintain the required insurance coverage.
9. INDEMNIFICATION
   1. Any material breach of this Agreement, or the negligence or willful misconduct of either party, the other party shall indemnify the other party and hold the other party harmless from and against any judgment, damage, liability, or expenses, including reasonable attorney’s fees, arising out of any claim with respect to the breach or alleged breach of such warranty of this agreement or such negligence or willful misconduct; provided that the other party shall have had sole control of the defense of any such action and all negotiations for its settlement or compromise; and, provided further, that no cost or expense shall be incurred for the account of the other party without its prior written consent.
10. FORCE MAJEURE
    1. No failure or omission by the Grantor or the Grantee in the performance of any obligation under this Agreement shall be deemed a breach of this Agreement or create any liability if the same arises on account of force majeure, which term shall include any event or cause beyond the control of the Grantor or the Grantee, as the case may be, including but not restricted to natural disasters, acts or omissions of any government, or agency thereof, pandemic, social implications, or transportation embargoes, provided that the party relying on this Section shall forthwith after any such event give written notice to the other party of its inability to perform such obligation and the reasons therefore.  If force majeure continues for a period of more than two (2) weeks, without the parties hereto being able to develop an alternative satisfactory arrangement, then either party has the option of immediately terminating this Agreement.
11. APPLICABLE LAW
    1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY WHOSE LAWS WILL BE APPLICABLE] .
    2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
    3. By direct negotiations between the Grantor and Grantee.
    4. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE PLACE THAT SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATIONS] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
12. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
       1. If to the Grantor: [INSERT THE EMAIL ID OR/AND ADDRESS OF GRANTOR]
       2. If to the Grantee: [INSERT THE EMAIL ID OR/AND ADDRESS OF GRANTEE]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
13. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration laws of [INSERT THE CITY or COUNTRY WHOSE ARBITRATION LAWS WILL APPLY] then in force.
14. MISCELLANOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be ENGLISH.
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
15. DECLARATION
    1. Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, and perform any other acts and things as may be necessary or desirable in order to give full effect to this Agreement.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Grantor

Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF GRANTOR]

Signature:

Date: [INSERT THE DATE ON WHICH GRANTOR SIGNS THE AGREEMENT]

Signed, sealed and delivered on behalf of Grantee

Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF GRANTEE]

Signature:

Date: [INSERT THE DATE ON WHICH GRANTEE SIGNS THE AGREEMENT]