Precedent s 106 deed of indemnity

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Planning expert
Precedents

Precedent s 106 deed of indemnity

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Planning expert

Precedents
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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

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Jurisdiction(s):
United Kingdom
Key definition:
Deed definition
What does Deed mean?

Deeds are written agreements but differ from contracts in that the limitation period is 12 years and consideration is not required. There are very few categories of transactions that require execution by deed but they are transfers of land, leases, mortgages and charges, sales by mortgagees, appointments of trustees, powers of attorney and gifts.

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