Shared Use Agreement Template for Nigeria

A Shared Use Agreement lets multiple parties legally share access to property, equipment, or facilities while clearly defining everyone's rights and responsibilities. In Nigeria, these agreements help organizations maximize resources, especially in sectors like telecommunications where infrastructure sharing is common under NCC guidelines.

The agreement spells out crucial details like maintenance costs, scheduling, liability coverage, and dispute resolution methods. Many Nigerian state governments use these agreements to partner with private companies for shared access to public facilities, helping reduce costs and improve service delivery while protecting all parties' interests through proper documentation.

Consider a Shared Use Agreement when your organization needs to share space, equipment, or infrastructure with other parties in Nigeria. This agreement becomes essential for telecom companies sharing cell towers, educational institutions allowing community access to facilities, or businesses co-utilizing expensive machinery or workspace.

The timing is right when you need to formalize cost-sharing arrangements, establish clear usage schedules, or define maintenance responsibilities. Nigerian regulations, particularly in telecommunications and public-private partnerships, often require these agreements before allowing shared infrastructure use. Getting this agreement in place early prevents disputes and ensures compliance with sector-specific requirements.

• Basic Infrastructure Sharing: Common in telecommunications, these agreements focus on tower sharing, spectrum allocation, and maintenance responsibilities between network providers
• Public-Private Facility Use: Used when government facilities are shared with private organizations, detailing access hours, security protocols, and cost-sharing arrangements
• Educational Resource Sharing: Covers shared use of academic facilities, libraries, or sports complexes between institutions or with community groups
• Commercial Space Sharing: Details arrangements for shared office spaces, warehouses, or equipment among businesses, including scheduling and cost allocation

• Telecommunications Companies: Partner to share infrastructure like cell towers and network equipment under NCC guidelines
• Government Agencies: Draft and enforce agreements for public facilities shared with private organizations
• Corporate Legal Teams: Review and customize agreements to protect company interests and ensure regulatory compliance
• Educational Institutions: Establish agreements for shared use of facilities with other schools or community groups
• Property Managers: Oversee implementation of shared space agreements in commercial and residential settings

• Identify Parties: Gather full legal names and contact details of all organizations sharing the resource
• Resource Details: Document specific assets being shared, including locations, specifications, and current condition
• Usage Terms: Define access schedules, permitted activities, and any restrictions or limitations
• Financial Structure: Outline cost-sharing arrangements, maintenance responsibilities, and payment terms
• Compliance Check: Review relevant Nigerian regulations, especially sector-specific requirements from bodies like NCC
• Risk Management: Specify insurance requirements, liability allocation, and dispute resolution procedures

• Party Details: Full legal names, addresses, and registration numbers of all participating entities
• Asset Description: Clear identification of shared resources, including locations and specifications
• Usage Terms: Detailed schedule, access rights, and permitted activities for each party
• Financial Terms: Cost allocation, payment schedules, and maintenance responsibilities
• Duration and Renewal: Agreement period, termination conditions, and renewal procedures
• Dispute Resolution: Nigerian arbitration clauses and jurisdiction specifications
• Force Majeure: Provisions for unforeseen circumstances affecting agreement performance

A Shared Use Agreement differs significantly from a Shared Facilities Agreement in several key aspects, though they might seem similar at first glance. While both deal with shared resources, their scope and application vary considerably in Nigerian law.

• Scope of Coverage: Shared Use Agreements cover any type of resource sharing (equipment, space, infrastructure), while Shared Facilities Agreements specifically focus on physical premises and built infrastructure
• Duration and Flexibility: Shared Use Agreements typically offer more flexible terms and shorter durations, making them ideal for temporary or project-based collaborations
• Maintenance Obligations: Shared Facilities Agreements include detailed building maintenance and facility management protocols, while Shared Use Agreements focus more on operational aspects and usage rights
• Regulatory Requirements: Shared Facilities Agreements often require additional permits and compliance with building codes, while Shared Use Agreements generally face fewer regulatory hurdles