Precedent s 106 deed of indemnity

The following Planning precedent provides comprehensive and up to date legal information covering:

  • Precedent s 106 deed of indemnity

Precedent s 106 deed of indemnity

AGREEMENT

relating to

liabilities arising from an agreement made under section 106 of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address]

This Agreement is made on [insert date]

Parties

  1. 1

    [insert name] of [insert address] ([Landowner’ OR ‘Transferor]);

  1. 2

    [insert name] of [insert address] ([Developer’ OR ‘Occupier’ OR ‘Transferee]);

Background

    1. (A)

      [Recite ownership details for the Land].

    1. (B)

      On [insert date of Original Agreement], [recite details of the local planning authority], the [Landowner OR Transferor] and [list the parties to the original section 106 agreement] entered into the Original Agreement.

    1. (C)

      Without prejudice to the covenants in the Original Agreement, the [Developer OR Landowner OR Transferor] has agreed to indemnify the [Landowner OR Occupier OR Transferee] against losses, liability, proceedings, costs, claims, demands and expenses as specified in this Agreement.

It is agreed:

    1. 1

      Interpretation

      1. 1.1

        In this Agreement, unless the context otherwise requires, the following terms (arranged in alphabetical order) shall have the following meanings:

        1990 Act

        1. means the Town and Country Planning Act 1990 (as amended)

        [Consequential Loss

        1. means consequential, special, indirect, incidental or punitive damages or loss or any loss of profits or other form of economic loss however arising]

        Expert

        1. means an independent and fit person holding professional qualifications appropriate in light of the subject matter of the dispute, to be appointed (in the absence of

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