Common use of Encroachment Clause in Contracts

Encroachment. The LICENSOR has permanent easements and public right-of-way adjacent to the LICENSEE’s property. The LICENSEE desires to use a portion of the public right-of-way for the athletic field which is adjacent to the LICENSEE’s property subject to the following conditions: (A) The LICENSEE agrees to the inspection of the area of the encroachment by the LICENSOR as necessary to ensure the use and maintenance of the area of the encroachment meet the provisions of this agreement. (B) The LICENSEE agrees to the use of the area of the encroachment by the LICENSOR, and any persons or agent accessing the adjacent property or area of encroachment for lawful purposes. (C) The LICENSEE agrees that no landscaping, grading or paving changes shall be made in the public right-of-way that will negatively impact adjacent owners. (D) The LICENSEE agrees that no structure of a permanent nature shall be installed in the area of encroachment. (E) The LICENSE can be terminated by either party as described below. Upon termination of the LICENSE, the public right-of-way shall be restored to the satisfaction of the LICENSOR, consisting of lawn quality grass in accordance with City of Royal Oak Engineering Department Standards within ten (10) days after the LICENSE has been terminated. The LICENSOR agrees to assume all costs for restoring the area of encroachment including restoration work performed by others. (F) The LICENSEE agrees to notify the LICENSOR of any sale or re-lease of the LICENSEE’s property as described above at which time the LICENSOR shall review continuation or termination of the LICENSE. (G) The LICENSEE acknowledges and agrees that there are or may be utilities within the area of encroachment as described above. The LICENSEE agrees that should any addition, repair, or correction be required to be made to any utility within the area of encroachment, the LICENSEE will be responsible for all costs associated with the removal and replacement of concrete and/or asphalt pavement. The LICENSEE further acknowledges and agrees that the LICENSOR or its agents shall be allowed to make any and all emergency repairs to the utilities located upon or within the area of encroachment without being required to give notice to the LICENSEE.

Encroachment. The LICENSOR has permanent easements and public right-of-way adjacent to the LICENSEE’s property. The LICENSEE desires to the use and installation a portion of free-standing temporary wood patio deck with a matching decorative privacy fence in the public right-of-way for the athletic field which is adjacent to the LICENSEE’s property subject to the following conditions: (A) The LICENSEE agrees to the inspection of the area of the encroachment by the LICENSOR as necessary to ensure the use and maintenance of the area of the encroachment meet the provisions of this agreement. (B) The LICENSEE agrees to the use of the area of the encroachment by the LICENSOR, and any persons or agent accessing the adjacent property or area of encroachment for lawful purposes. (C) The LICENSEE agrees that no landscaping, grading or paving changes shall be made in the public right-of-way that will negatively impact adjacent owners. (D) The LICENSEE agrees that no structure of a permanent nature shall be installed in the area of encroachment. (E) The LICENSE can be terminated by either party as described below. Upon termination of the LICENSE, the public right-of-way shall be restored to the satisfaction of the LICENSOR, consisting of lawn quality grass in accordance with City of Royal Oak Engineering Department Standards within ten (10) days after the LICENSE has been terminated. The LICENSOR agrees to assume all costs for restoring the area of encroachment including restoration work performed by others. (F) The LICENSEE agrees to notify the LICENSOR of any sale or re-lease of the LICENSEE’s property as described above at which time the LICENSOR shall review continuation or termination of the LICENSE. (G) The LICENSEE acknowledges and agrees that there are or may be utilities within the area of encroachment as described above. This includes a 10- inch diameter sewer, a storm manhole and a catch basin. The LICENSEE agrees that should any addition, repair, or correction be required to be made to any utility within the area of encroachment, the LICENSEE will be responsible for all costs associated with the removal and replacement of concrete the temporary patio and/or asphalt pavementfence. The LICENSEE further acknowledges and agrees that the LICENSOR or its agents shall be allowed to make any and all emergency repairs to the utilities located upon or within the area of encroachment without being required to give notice to the LICENSEE.

Encroachment. The LICENSOR has permanent easements and public right-of-way adjacent to the LICENSEE’s property. The LICENSEE desires to use a portion of the public alley right-of-way east of their parcel for vehicle stacking in the athletic field which is adjacent to the LICENSEE’s property drive-through lane of Xxx Xxxxxx’x restaurant subject to the following conditions: (A) The LICENSEE agrees to the inspection of the area of the encroachment by the LICENSOR as necessary to ensure the use and maintenance of the area of the encroachment meet the provisions of this agreement. (B) The LICENSEE agrees to the use of the area of the encroachment by the LICENSOR, and any persons or agent accessing the adjacent property or area of encroachment for lawful purposes. (C) The LICENSEE agrees that no landscaping, grading or paving changes shall be made in the public right-of-way that will negatively impact adjacent owners. (D) The LICENSEE agrees that no structure of a permanent nature shall be installed in the area of encroachment. (E) The LICENSE can be terminated by either party as described below. Upon termination of the LICENSE, the public right-of-way shall be restored to the satisfaction of the LICENSOR, consisting of lawn quality grass in accordance with City of Royal Oak Engineering Department Standards within ten thirty (1030) days after the LICENSE has been terminated, in writing. The LICENSOR agrees to assume all costs for restoring the area of encroachment including restoration work performed by others. (F) The LICENSEE agrees to notify the LICENSOR of any sale or re-lease of the LICENSEE’s property as described above at which time the LICENSOR shall review continuation or termination of the LICENSE. (G) The LICENSEE acknowledges and agrees that there are or may be utilities within the area of encroachment as described above. The LICENSEE agrees that should any addition, repair, or correction be required to be made to any utility within the area of encroachment, the LICENSEE will be responsible for all costs associated with the removal and replacement of concrete and/or asphalt pavementthe curbing and menu board. The LICENSEE further acknowledges and agrees that the LICENSOR or its agents shall be allowed to make any and all emergency repairs to the utilities located upon or within the area of encroachment without being required to give notice to the LICENSEE.

Encroachment. The LICENSOR has permanent easements and public right-of-way adjacent to the LICENSEE’s property. The LICENSEE desires to use a portion of the public right-of-way for the athletic field a snow/splash screen along E. 11 Mile Rd. which is adjacent to the LICENSEE’s property subject to the following conditions: (A) The LICENSEE agrees to the inspection of the area of the encroachment by the LICENSOR as necessary to ensure the use and maintenance of the area of the encroachment meet the provisions of this agreement. (B) The LICENSEE agrees to the use of the area of the encroachment by the LICENSOR, and any persons or agent accessing the adjacent property or area of encroachment for lawful purposes. (C) The LICENSEE agrees that no landscaping, grading or paving changes shall be made in the public right-of-way that will negatively impact adjacent owners. (D) The LICENSEE agrees that no structure of a permanent nature shall be installed in the area of encroachment. (E) The LICENSE can be terminated by either party as described below. Upon termination of the LICENSE, the public right-of-way shall be restored to the satisfaction of the LICENSOR, consisting of lawn quality grass a concrete sidewalk in accordance with City of Royal Oak Engineering Department Standards within ten (10) days after the LICENSE has been terminated. The LICENSOR agrees to assume all costs for restoring the area of encroachment including restoration work performed by others. (F) The LICENSEE agrees to notify the LICENSOR of any sale or re-lease of the LICENSEE’s property as described above at which time the LICENSOR shall review continuation or termination of the LICENSE. (G) The LICENSEE acknowledges and agrees that there are or may be utilities within the area of encroachment as described above. The LICENSEE agrees that should any addition, repair, or correction be required to be made to any utility within the area of encroachment, the LICENSEE will be responsible for all costs associated with the removal and replacement of concrete and/or asphalt pavement. The LICENSEE further acknowledges and agrees that the LICENSOR or its agents shall be allowed to make any and all emergency repairs to the utilities located upon or within the area of encroachment without being required to give notice to the LICENSEE.

Encroachment. The LICENSOR has permanent easements and public right-of-way adjacent to the LICENSEE’s property. The LICENSEE desires to use a portion of the public right-of-way for public parking on a paved parking area between Cambridge Road and the athletic field northern right-of-way line which is adjacent to the LICENSEE’s property subject to the following conditions: (A) The LICENSEE agrees to the inspection of the area of the encroachment by the LICENSOR as necessary to ensure the use and maintenance of the area of the encroachment meet the provisions of this agreement. (B) The LICENSEE agrees to the use of the area of the encroachment by the LICENSOR, and any persons or agent accessing the adjacent property or area of encroachment for lawful purposes. (C) The LICENSEE agrees that no landscaping, grading or paving changes shall be made in the public right-of-way that will negatively impact adjacent owners. (D) The LICENSEE agrees that no structure of a permanent nature shall be installed in the area of encroachment. (E) The LICENSE can be terminated by either party as described below. Upon termination of the LICENSE, the public right-of-way shall be restored to the satisfaction of the LICENSOR, consisting of lawn quality grass in accordance with City of Royal Oak Engineering Department Standards within ten (10) days after the LICENSE has been terminated. The LICENSOR agrees to assume all costs for restoring the area of encroachment including restoration work performed by others. (F) The LICENSEE agrees to notify the LICENSOR of any sale or re-lease of the LICENSEE’s property as described above at which time the LICENSOR shall review continuation or termination of the LICENSE. (G) The LICENSEE acknowledges and agrees that there are or may be utilities within the area of encroachment as described above. The LICENSEE agrees that should any addition, repair, or correction be required to be made to any utility within the area of encroachment, the LICENSEE will be responsible for all costs associated with the removal and replacement of concrete and/or asphalt pavement. The LICENSEE further acknowledges and agrees that the LICENSOR or its agents shall be allowed to make any and all emergency repairs to the utilities located upon or within the area of encroachment without being required to give notice to the LICENSEE.

Encroachment. (a) The LICENSOR has permanent easements Purchaser shall not encroach on any land outside of the Property, whether by its boundary hoarding, wall, fence or otherwise whatsoever. For avoidance of doubt, the boundary hoarding, wall, fence or otherwise shall always be within the Property only. In the event that there is any encroachment found (as certified by independent surveyors duly appointed by or agreed to by both parties, whose certification shall be final and public rightconclusive, save for manifest error), the Purchaser shall within twenty-of-way adjacent one (21) days of the written notice from the Vendor to the LICENSEE’s property. The LICENSEE desires Purchaser remove the encroachment to use a portion the satisfaction of the public right-of-way for the athletic field which is adjacent to the LICENSEE’s property subject to the following conditionsVendor, failing which: (Ai) the Vendor shall have the right and be entitled to treat the Purchaser’s failure as a breach of the terms and conditions of this Agreement and avail itself to its rights and remedies provided in this Agreement, without prejudice to any other rights available to him at law or in equity and/or, (ii) the Vendor shall at the Vendor’s sole and absolute discretion remove the encroachment, and require the costs and expense of such removal to be paid by the Purchaser as if it were an instalment payable under this Agreement. The LICENSEE agrees Purchaser or any third party claiming under it shall have no right whatsoever to compensation whatsoever due to any damage that may be incurred to the inspection of the area Purchaser’s Development or its possessions or belongings whatsoever due to such removal of the encroachment by the LICENSOR as necessary to ensure the use and maintenance of the area of the encroachment meet the provisions of this agreementVendor or its agents or contractors. (Bb) The LICENSEE agrees Vendor and its agents, servants and assigns shall not encroach on the Property, whether by its boundary hoarding wall, fence or otherwise whatsoever. For the avoidance of doubt, the boundary hoarding, wall, fence or otherwise shall always be within its property only. In the event that there is any encroachment found (as certified by independent surveyors duly appointed by or agreed to by both parties, whose certification shall be final and conclusive), the Vendor shall within twenty-one (21) days of the written notice from the Purchaser to the use of the area of Vendor remove the encroachment by the LICENSOR, and any persons or agent accessing the adjacent property or area of encroachment for lawful purposes. (C) The LICENSEE agrees that no landscaping, grading or paving changes shall be made in the public right-of-way that will negatively impact adjacent owners. (D) The LICENSEE agrees that no structure of a permanent nature shall be installed in the area of encroachment. (E) The LICENSE can be terminated by either party as described below. Upon termination of the LICENSE, the public right-of-way shall be restored to the satisfaction of the LICENSORPurchaser, consisting of lawn quality grass in accordance with City of Royal Oak Engineering Department Standards within ten (10) days after the LICENSE has been terminated. The LICENSOR agrees to assume all costs for restoring the area of encroachment including restoration work performed by others.failing which: (Fi) The LICENSEE agrees the Purchaser shall have the right and be entitled to notify treat the LICENSOR of any sale or re-lease Vendor’s failure as a breach of the LICENSEE’s property as described above terms and conditions of this Agreement and avail itself to its rights and remedies provided in this Agreement, without prejudice to any other rights available to it at which time the LICENSOR shall review continuation law or termination of the LICENSE.in equity and/or; (Gii) The LICENSEE acknowledges the Purchaser shall at the Purchaser’s sole and agrees that there are or may be utilities within absolute discretion remove the area encroachment, and require the costs and expense of encroachment as described above. The LICENSEE agrees that should any addition, repair, or correction be required such removal to be made to any utility within paid by the area of encroachment, Vendor and the LICENSEE will be responsible Vendor hereby indemnifies on a fully Indemnity basis the Purchaser for all costs associated with the removal and replacement of concrete and/or asphalt pavement. The LICENSEE further acknowledges and agrees that the LICENSOR or its agents shall be allowed to make any and all emergency repairs to the utilities located upon or within the area of encroachment without being required to give notice to the LICENSEEsame.