Right Of Access Agreement Between

RIGHT OF ACCESS AGREEMENT between Washington State University and ______WSU Contract #______

I. PARTIES

This AGREEMENT is entered into by and between Washington State University, an institution of higher education and agency of the state of Washington (“GRANTOR”) and ______(“GRANTEE”), a ______. The above entities are jointly referred to in this AGREEMENT as the PARTIES.

II. PURPOSE

GRANTEE wishes to ______[insert activity] at GRANTOR’s ______[insert location], hereinafter the “PREMISES” and more particularly described below, for the purpose of ______[insert purpose], and has requested access to GRANTOR’s property to accomplish this objective. The PARTIES have determined the PREMISES are an appropriate site for this purpose.

III. CONSIDERATION

GRANTOR hereby grants to GRANTEE the right to right to access the PREMISES in exchange for: (A) GRANTEE’s agreement to bear all costs and expenses related to said access to the Premises; (B) ______[insert other consideration as appropriate]; and (C) GRANTEE’s agreement to hold GRANTOR harmless from any loss or damage incurred by GRANTEE or GRANTOR as a result of GRANTEE’s exercise of such access to the PREMISES.

IV. PREMISES

GRANTEE has requested access to the PREMISES located at ______[insert WSU location], more particularly described as follows:

[insert legal or other description of location]

Exhibit A, attached hereto and incorporated herein by reference, is a site plan showing the specific location of the PREMISES.

V. NON-EXCLUSIVE RIGHT OF ACCESS

GRANTEE’s right of access to the PREMISES is not exclusive. GRANTOR, its successors, agents, assigns and grantees, shall each have the right to use the PREMISES for all purposes as

RIGHT OF ACCESS AGREEMENT - Page 1 of 5 are permitted by federal, state, and local statutes, laws, ordinances, codes, regulations and rules, or as determined by GRANTOR, so long as such use does not interfere with GRANTEE’s rights hereunder.

This AGREEMENT does not convey a property interest to GRANTEE in the PREMISES. At any time during the term of this AGREEMENT, GRANTOR may convey any or all of the PREMISES without permission of GRANTEE, provided that such conveyance shall be subject to the rights and liabilities set forth in this AGREEMENT.

VI. GRANTEE ACTIVITIES

The right of access to the PREMISES granted herein is subject to all the terms, conditions and warranties contained in this AGREEMENT, and is a non-exclusive right only as needed and solely for the activities listed herein (the “ACTIVITIES”). GRANTEE shall have access to the PREMISES at all times as may be necessary during the term of this AGREEMENT.

GRANTEE ACTIVITIES shall be limited to the following:

A. [insert specific activities] B. [insert additional specific activities as needed] C. GRANTEE shall have access to the PREMISES during normal business hours for the purposes set forth herein.

VII. CONDITION OF PREMISES

GRANTEE shall maintain the PREMISES in the same condition they were in at the commencement of this AGREEMENT, reasonable wear and tear excepted. GRANTEE shall promptly repair any damage to the PREMISES caused by the acts or omissions of GRANTEE.

VIII. PERIOD OF PERFORMANCE

Subject to its other provisions, the period of performance of this AGREEMENT shall commence on the date all the PARTIES have signed this AGREEMENT, and be completed on ______, 20__, unless terminated sooner as provided in this AGREEMENT.

IX. TERMINATION; REMOVAL

This AGREEMENT may be terminated at any time by GRANTOR with thirty (30) days written notice to GRANTEE. GRANTEE shall vacate the PREMISES no later than the end of said thirty day period at GRANTEE’s sole cost and expense, and shall repair and restore the PREMISES to its former condition, to the extent reasonably practicable.

X. GRANTEE’S WARRANTIES

GRANTEE warrants that it will be solely responsible for all costs and expenses related to GRANTEE’s access of the PREMISES.

RIGHT OF ACCESS AGREEMENT - Page 2 of 5 XI. INSURANCE

GRANTEE agrees to obtain and/or maintain at its own cost and expense public or commercial liability insurance in the sum of not less than $1,000,000 for each occurrence and not less than $2,000,000 combined limit; GRANTEE shall further name GRANTOR as an additional insured on such policy, and at the time of the execution of this Agreement, shall furnish GRANTOR with a copy of said policy or a certificate that such insurance has been issued and is in place.

XII. INDEMNIFICATION

GRANTEE shall indemnify, defend, and save GRANTOR, its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expenses which GRANTOR may incur as a result of any act or omission of GRANTEE in its use of the right of access granted under this AGREEMENT. If any action, claim, or demand is made against GRANTOR for any act or omission of GRANTEE, GRANTEE agrees to assume the expense and shall pay all costs, charges, attorney’s fees, settlements, judgments, or other expenses incurred by or obtained against GRANTOR.

XIII. MODIFICATION

The PARTIES may modify this AGREEMENT only by mutual consent. Any modification shall be effective only if written, signed by the authorized representatives of each PARTY, and attached to this AGREEMENT.

XIV COMPLIANCE WITH ALL LAWS AND INDUSTRY STANDARDS

The PARTIES hereby agree to comply in all respects with any and all federal, state, and local statutes, laws, ordinances, codes, regulations, and rules in connection with the right of access.

XV. UNDERGROUND UTILITIES

If applicable, GRANTEE shall determine, by using evidence satisfactory to GRANTOR, the location of any underground utilities prior to any digging, and shall bear the sole cost and responsibility related thereto.

XVI. NOTICE

Any notice or demand from or to the PARTIES shall be personally delivered or mailed by first class certified United States mail, return receipt requested, postage prepaid, addressed to the address set forth below or to such other address as the PARTIES hereto shall have last designated by notice in writing to the other PARTY as provided in this AGREEMENT. Notice shall be deemed delivered on the date actually received.

RIGHT OF ACCESS AGREEMENT - Page 3 of 5 GRANTOR: Washington State University Attn: ______

GRANTEE: ______Attn: ______

XVII. SIGNATURES

The PARTIES affirm that the individuals signing this AGREEMENT have been granted the authority to do so. The PARTIES further affirm they will comply with all the terms and conditions of this AGREEMENT.

WASHINGTON STATE UNIVERSITY ______(GRANTOR) (GRANTEE)

Recommended by:

Name: Name:

Title: Title:

Date: Date:

Approved by:

Name: Name:

Title: Title:

Date: Date:

RIGHT OF ACCESS AGREEMENT - Page 4 of 5 EXHIBIT A

[insert description or illustration of PREMISES]

RIGHT OF ACCESS AGREEMENT - Page 5 of 5