License to Occupy

THIS AGREEMENT is made the [day] day of [month] 200[year]




BETWEEN:



(1) NCH of 85 Highbury park Registration number 1097940 and

(2) Ruth Solomon on behalf of the Memory Garden project of 23 Springfield London E5 9EF "the Licensee")



1 DEFINITIONS



In this Agreement unless the context otherwise requires the following expressions shall have the following meanings:

Property"

the property of the Licensor known as Legard House, Legard Road



"Designated Area"

The garden area called the Memory Garden to the rear of the building known as Legard House.



"Accessways"

"such roads paths entrance halls corridors lifts staircases landings and other means of access in or upon the Property the use of which is necessary for obtaining access to and egress from the Designated Area as the Licensor may from time to time reasonably specify on 7 days notice to the Licensee



Permitted Hours"

6am to 8 pm daily



“Permitted Use”

For use as a gardening and art project in conjunction with the Memory Garden’s statement of intent.



“Licence Fee”

There is no fee



"Licence Period"

From 1st October 2007 to 31st March 2008 or the date on which this lease is determined in accordance with the provision of clause 4 below



2 LICENCE



2.1 The Licensor hereby grants the Licensee this Licence to use the Designated Area which expression shall include all fixtures and fittings plant and machinery thereon together with and excepting and reserving the rights mentioned in the Schedule to hold the same unto the Licensee for the Licence Period for the Licensee to use during the Permitted Hours for the Permitted Use











3 LICENSEE'S COVENANTS



The Licensee agrees and undertakes:



3.1 To keep the Designated Area clean and tidy and clear of rubbish



3.2 Not to use the Designated Area other than for the Permitted Use or in such a way as to cause any nuisance disturbance annoyance inconvenience or interference to the Licensor or to the Property or any use of adjoining or neighbouring property



3.3 To indemnify the Licensor and keep the Licensor indemnified against all losses claims demands actions proceedings damages costs or expenses or other liabilities arising in any way from this Licence except where caused by the fault of the Licensor its servants or agents) any breach of the Licensee's undertakings contained in this clause or the exercise or the purported exercise of any of the rights given in clause 2



3.4 To observe such reasonable rules and regulations as the Licensor may make and of which the Licensor shall notify the Licensee from time to time governing the Licensee's use of the Designated Area or the Accessways



3.6 To leave the Designated Area in a clean and tidy condition free from the Licensee's furniture equipment and goods at the end of the Licence Period and take whatever plants installed by the Memory garden for its future use.



3.7 To make good any damage caused to the Designated Area and the Accessways caused by the Licensee or any person thereon with the express or implied authority of the Licensee



3.8 Not to obstruct the Accessways or cause the same to be dirty or untidy nor to leave any rubbish on them



3.9 Not to do suffer or permit any act matter or thing which would or might constitute or breach of any statutory requirement bylaw or regulation affecting the Property or which would or might vitiate in whole or in part any insurance effected by the Licensor in respect of the Property from time to time



3.10 Not to make any alteration or addition whatsoever to the Designated Area save that the Licensee may use the Designated Area in conjuction with it’s aims and objectives as a Memory garden.



3.11 To insure its equipment situated at the Designated Area against loss by any means including fire and theft



3.12 To indemnify the Licensor against all liability loss damage costs and expenses of whatsoever nature in respect of any breach of the Licensee's covenants in this Licence resulting in the injury (including injury resulting in death) to any person carried by any act default omissions or negligence of the Licensee or its invitees



3.13 Not to act in such a way that any third party obtains or may obtain rights over or in respect of the Designated Area so that any rights enjoyed by the Designated Area may be limited or extinguished



3.14 Not to exhibit any advertisement signboard nameplate inscription flag banner placard or poster upon any part of the Designated Area except with the previous written consent of the Licensor.



3.15 To permit the Licensor its servants agents and employees to enter the Designated Area at any time upon reasonable notice being given or immediately in the case of emergency for any purpose whatsoever



4 TERMINATION



The rights granted in clause 2 shall determine (without prejudice to the Licensor's rights in respect of any antecedent breach) immediately on notice given by the Licensor at any time following any breach of the Licensee's covenants contained in clause 3 or if the Licensee has a receiver appointed or enters into liquidation or upon 14 days notice otherwise



5 ASSIGNMENT



This Agreement is personal to the Licensee and is not assignable and the rights set out in clause 2 may only be exercised by the Licensee its employees and properly authorised invitees



6 GENERAL



6.1 The Licensor gives no warranty that the Designated Area is legally or physically fit for the Permitted Use. There is no electricity. Water must be provided independently by the Memory garden as any water on or adjacent to the site is unfit for use.



6.2 The Licensor shall not be liable for the death or injury to any person or for damage to any property of or for any losses claims demands actions proceedings damages costs or expenses or other liability incurred by the Licensee in the exercise or purported exercise of the rights granted by clause 2 except where caused by the fault of the Licensor its servants or agents.



6.3 All notices under this Licence shall be sufficiently served if communicated in writing to the Licensee at [address] and to the Licensor at [address] or such other address as either the Licensor or Licensee shall inform the other from time to time



6.4 The Licensee shall not be entitled to exclusive occupation possession or use of the Designated Area and shall not at any time or in any manner do any act which may impede the Licensor or any person authorised by the Licensor in the exercise of the Licensor's rights of possession and control of the Property















SIGNED by

for and on behalf of the Licensor









SIGNED by

for and on behalf of the Licensee