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. 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. 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