Wayleave Agreement

Document Type: DOCX

Number of Pages: 4

Price: KES 150
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Summary

A Wayleave Agreement is a contractual licence under Kenyan law by which a land‐owner (the Servient Owner) grants a third party (the Wayleave Holder, often a utility or telecoms provider) the right to install, operate, access, maintain and, when necessary, remove equipment (cables, pipes, ducts, poles, chambers, etc.) over, under or above part of the land.

Key Components:
1. Parties & Land Description
2. Definitions & Scope
3. Grant of Wayleave
4. Wayleave Holder’s Obligations
5. Landowner’s Obligations
6. Fees & Payment
7. Term, Renewal & Termination
8. Upgrades & Additional Equipment
9. Assignment & Charging
10. Notices
11. Governing Law & Dispute Resolution
12. Execution Formalities

Purpose:
1. Enables Infrastructure Deployment.
2. Clarifies Rights & Duties.
3. Helps in management of Risk.
4. Facilitates Coordination.

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Disclaimer: This document is not to be taken as legal advise.

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