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Perpetual Right Of Way Agreement
"I need a Perpetual Right of Way Agreement for a telecommunications company to install and maintain fiber optic cables across multiple private agricultural properties in Maharashtra, with construction scheduled to begin in March 2025."
1. Parties: Identification of the Grantor (property owner) and Grantee (party receiving right of way rights), including their legal status and addresses
2. Background: Context of the agreement, including description of the property and purpose of the right of way
3. Definitions: Definitions of key terms used throughout the agreement, including 'Right of Way Area', 'Permitted Use', 'Infrastructure', etc.
4. Grant of Right of Way: Explicit grant of perpetual right of way, including the nature and scope of the rights granted
5. Description of Right of Way Area: Detailed description of the physical area covered by the right of way, including dimensions and boundaries
6. Permitted Use: Specific permitted uses of the right of way area and any restrictions on use
7. Duration and Perpetual Nature: Confirmation of the perpetual nature of the grant and conditions for its continuation
8. Consideration: Details of payment or other consideration for the grant of right of way
9. Rights and Obligations of Grantor: Grantor's retained rights and ongoing obligations regarding the right of way area
10. Rights and Obligations of Grantee: Grantee's rights and responsibilities in using and maintaining the right of way area
11. Maintenance and Repairs: Responsibilities for maintaining the right of way area and any infrastructure within it
12. Indemnification and Insurance: Requirements for insurance coverage and mutual indemnification provisions
13. Registration and Compliance: Requirements for registration of the agreement and compliance with applicable laws
14. Dispute Resolution: Procedures for resolving disputes between parties
15. Governing Law: Specification of Indian law as governing law and jurisdiction
1. Environmental Compliance: Required when the right of way affects environmentally sensitive areas or requires environmental clearances
2. Rehabilitation and Resettlement: Needed when the right of way affects existing settlements or requires displacement
3. Utility Services: Required when the right of way includes or affects utility services or infrastructure
4. Construction Rights: Needed when the agreement includes rights to construct or install infrastructure
5. Third Party Rights: Required when third parties may need access to or rights over the right of way area
6. Force Majeure: Optional clause dealing with unforeseen circumstances affecting the right of way
7. Assignment and Transfer: Required when either party needs the right to assign or transfer their rights
8. Termination: Optional in perpetual agreements but may be included to cover extreme circumstances
1. Schedule 1 - Property Details: Detailed legal description of the main property, including title details and survey numbers
2. Schedule 2 - Right of Way Area Plan: Detailed plans and drawings showing the exact location and dimensions of the right of way area
3. Schedule 3 - Permitted Uses and Restrictions: Detailed list of permitted activities and specific restrictions within the right of way area
4. Schedule 4 - Payment Schedule: Details of any payments, including initial payment and any recurring charges
5. Schedule 5 - Maintenance Standards: Specific standards and requirements for maintenance of the right of way area
6. Appendix A - Required Approvals: List of all necessary governmental and regulatory approvals
7. Appendix B - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage
8. Appendix C - Registration Documents: Copies of all documents required for registration of the right of way
Authors
Infrastructure
Real Estate
Telecommunications
Energy
Oil & Gas
Transportation
Utilities
Mining
Agriculture
Industrial Development
Urban Development
Railway
Legal
Real Estate
Infrastructure Development
Project Management
Property Management
Compliance
Operations
Facilities Management
Environmental
Construction
Land Acquisition
Corporate Affairs
Legal Counsel
Property Manager
Infrastructure Development Manager
Project Manager
Real Estate Manager
Land Acquisition Officer
Compliance Officer
Operations Director
Facilities Manager
Right of Way Specialist
Environmental Compliance Manager
Construction Manager
Site Engineer
Corporate Lawyer
Property Rights Attorney
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