P-50390 RLA WITH MACERICH - GENERAL ELECTION.PDF
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P-50390
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REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement (the “Agreement”) is made as of the last date
signed below, by and between The Macerich Partnership, L.P., a Delaware limited
partnership (“Licensor”) and Maricopa County, a political subdivision of the state of
Arizona (“Licensee”), based upon the following facts and circumstances:
A. Licensor, through various subsidiaries and affiliates, is the owner and/or
manager of the shopping centers listed on Exhibit A attached hereto and incorporated
herein by this reference (said shopping centers are collectively referred to herein as
the "Centers" and individually as a "Center"); and,
B. Licensee desires to license a portion of each Center for the Licensed
Activity (as hereinafter defined), upon such terms, covenants and conditions as are
more particularly described herein.
NOW THEREFORE, in consideration of the mutual covenants herein contained
and the terms and conditions hereinafter set forth:
1.
Term. The “Term” of this Agreement shall commence on October 19,
2020 (the “Commencement Date”), and shall terminate on November 7, 2020, unless
sooner terminated as provided for herein. Notwithstanding the foregoing, Licensor
may terminate this Agreement as to any or all Centers, at any time during the Term,
on fourteen (14) days prior written notice thereof.
2.
Termination.
This Agreement is subject to the provisions of A.R.S.
§ 38-511, the provisions of which are incorporated herein by this reference. The
Agreement may be terminated at the end of any fiscal year for non-appropriation of
funds. The Licensee fiscal year ends June 30 and the Federal fiscal year ends
September 30.
3.
License Fee.
a.
License Fee. Licensee shall pay to Licensor as a license fee (the
“License Fee”), the sum of Thirty-Two Thousand Five Hundred Fifty-One
Dollars and Four Cents ($32,551.04), payable in accordance with the amounts
and the schedule per Center as set forth on Exhibit B attached hereto and
incorporated herein by reference.
b.
The License Fee payable herein includes the excise, transaction,
rental, sales or privilege tax (except net income tax) now or hereafter levied or
imposed upon Licensor or the owner(s) of the Center by any governmental
agency on account of, attributed to or measured by this Agreement which is
subject to change based on applicable law. The License Fee shall be sent to
the following lockbox address: Macerich Partnership LP PO BOX 848729 Los
Angeles, CA 90084-8729, or any other person or firm as Licensor may
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designate in writing. If Licensor so notifies Licensee writing (and Licensee is
able to reasonably comply), all fees due Licensor hereunder shall be made by
electronic money transfers in accordance with Licensor’s written directive
therefor. Licensee shall be obligated to pay the fees hereunder when due
regardless of whether Licensee receives a statement therefor.
4.
Licensed Activity. Licensee shall use the Premises (as defined below)
during the Term solely for the following purpose: Maricopa County Elections
Department Voting Centers 2020 (the "Licensed Activity"), as further described on
Exhibit C attached hereto and incorporated herein by this reference. Licensee may
not use the Premises for any other use or purpose. Any change in the use of the
Premises or Licensee’s trade name is subject to Licensor’s prior written approval,
which may be withheld in Licensor’s sole and absolute discretion.
5.
Premises. The "Premises" wherein Licensee may operate during the
Term shall be located within the areas of the Centers as collectively depicted on
Exhibit D attached hereto and incorporated herein by reference, which specific
location shall be mutually agreed upon by the parties. No other portion of the Centers
may be used by Licensee, except for the Common Area in common with other persons
and except as otherwise provided for herein. As used herein, the term "Common Area"
shall mean all realty and improvements in or at the Centers now or hereafter made
available by Licensor for the general use, convenience and benefit of Licensee and
tenants of the Centers. Licensee agrees that the Premises or any portion thereof may
be relocated at any time at the discretion of, and without liability to, Licensor, to a
mutually agreed upon location within the Centers. If Licensor and Licensee cannot
agree on the relocation premises, Licensor shall make the final determination.
6.
Marketing and Sponsorship Components. In connection with this
Agreement, Licensee shall be granted the following advertising and sponsorship
components (“Sponsorship Components”): n/a. All Licensee created collateral,
including (i) the Sponsorship Components, (ii) signage or banners, (iii) any literature,
prizes or gifts that contain the Centers and/or Licensor’s logo; or (iv) other similar items
shall be subject to the prior approval of Licensor. Licensee agrees that Licensor shall
be entitled to review and approve the nature, content and scope of all of items provided
by Licensee. The parties acknowledge and agree that Licensor and Licensee shall
mutually determine the precise areas or locations of the Sponsorship Components,
which areas or location may be changed by Licensor. All locations of the collateral
contained herein are subject to change by Licensor. All artwork shall be designed and
provided by Licensee to Licensor. All artwork shall contain 90% image/10% copy and
require the prior approval of Licensor before any signage or advertising is produced
or displayed at the Centers. All production and installation of signage and advertising
components and graphics are to be at the sole expense of Licensee. Licensor will
coordinate all final signage installation using Licensee prepared artwork unless
otherwise agreed to by the parties. The foregoing marketing efforts are subject to
change from time to time and may vary, based on the circumstances for Licensor and
Licensee. Licensor and Licensee agree to negotiate in good faith regarding any
changes and variances and to cooperate with regard to any such variances and
substitutions. The Sponsorship Components shall
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not supersede any existing or future obligation created by a lease or other
agreement with a tenant or other occupant of the Centers.
7.
Non-Exclusivity. Licensee hereby acknowledges and agrees that the
Licensed Activity and any and all rights granted under Paragraph 5 of this Agreement
shall be non-exclusive.
8.
Insurance. Licensee is self-insured. Letter of self-insurance is attached
to this Agreement.
Licensee, at its sole cost and expense, shall also obtain and keep in full force
and effect while conducting any activities at the Centers, commercial automobile
liability insurance having a combined single limit of not less than Two Million Dollars
($2,000,000.00) each accident and insuring Licensee against liability for claims arising
out of ownership, maintenance, or use of any owned, hired, borrowed or non-owned
vehicle. All such insurance shall specifically insure Licensee as to liability for injury to
or death of persons and injury or damage to property, subject to standard policy
provisions and exclusions. To the extent applicable, Licensee shall also obtain and
keep in full force and effect during the Term of this Agreement, workers’ compensation
insurance in the amount required by the State in which the Centers are located and
Employers’ Liability insurance on an “occurrence basis” but, in either case, with a limit
of not less than Five Hundred Thousand Dollars ($500,000.00) each accident, Five
Hundred Thousand Dollars ($500,000.00) each employee by disease and Five
Hundred Thousand Dollars ($500,000.00) policy aggregate by disease, covering all
persons employed by Licensee in the conduct of its operations (including all states
endorsement and, if applicable, the volunteers endorsement). Certificates evidencing
the coverages required under this Paragraph 7 shall be delivered to Licensor prior to
Licensee entering upon the Centers. Such certificates shall contain a provision that
Licensor and Licensee shall be given a minimum of fifteen (15) days written notice by
the insurer prior to cancellation, termination or material change in such insurance.
Licensee waives any rights to recover against Licensor for claims for damages
whether or not covered by insurance including claims made by Licensee’s employees,
agents, or independent contractors. This provision is intended to waive fully, and for
the benefit of Licensor, any rights and/or claims which might give rise to a right of
subrogation in favor of any insurance carrier. The coverage obtained by Licensee
pursuant to this Agreement shall include, without limitation, a waiver of subrogation
endorsement attached to the certificate of insurance.
If Licensee contracts with or hires independent contractors or vendors to
participate in the Licensed Activity at the Centers, Licensee shall require such
independent contractors and/or vendors to obtain, maintain and furnish to Licensee
and Licensor satisfactory evidence of insurance with coverages, limits, and additional
insureds endorsement outlined above. Additionally, Licensee shall obtain from its
vendors and independent contractors’ evidence of General Liability insurance in an
amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate,
including Licensor as additional insured. Licensee shall not allow any independent
contractor or vendor to enter the Centers until each has obtained and submitted the
insurance evidence required herein.
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9.
Indemnification. Licensee hereby agrees to indemnify, defend and hold
Licensor harmless from and against any and all suits, actions, claims, demands,
losses, costs, damages, liabilities, fines, expenses and penalties (including
reasonable attorney’s fees) arising out of (i) Licensee's or its independent contractors’
or vendors’ actual and alleged actions or non-actions; (ii) Licensee’s or its independent
contractors’ or vendors’ breach of any representation, warranty, term, condition or
performance of or under this Agreement; and (iii) the Licensed Activity and/or any
materials provided by Licensee infringe a patent, copyright, or trademark or any other
right of a third party. Licensor shall not be liable to Licensee for any injury, damage or
loss arising out of or in any way related to any act, omission or negligence of tenants
or other occupants of the Centers or patrons, customers or invitees of the Centers, all
such claims against Licensor for any such injury, damage or loss being hereby
expressly waived by Licensee. Licensee’s obligation to indemnify Licensor as herein
provided shall survive the expiration or earlier termination of this Agreement for acts
or omissions occurring prior to such expiration or termination. For purposes of this
paragraph only, the term "Licensor" shall be deemed to include the owner(s) of the
Centers and their management companies, The Macerich Company and the partners,
shareholders and/or members of each of these entities.
10.
Sales Report. Intentionally Omitted.
11.
Default. The occurrence of any of the following shall constitute an event
of default:
a.
Any failure by Licensee to pay any sums due hereunder if such
failure continues for a period of time in excess of three (3) days after notice
from Licensor to Licensee;
b.
Any failure by Licensee to perform any other of the terms,
conditions, or covenants of this Agreement to be observed or performed by it if
such failure continues for a period of time in excess of three (3) days after
written notice; or,
c.
Licensee’s attempt to “assign” this Agreement or any of
Licensee’s rights hereunder contrary to Paragraph 11 of this Agreement.
If an event of default occurs, Licensor, in addition to any other rights or
remedies it may have at law or in equity or under this Agreement, shall have the
immediate right to unilaterally terminate this Agreement as to any or all Centers and
to remove all persons or property from the Premises (such property may be removed
and stored in a public warehouse or elsewhere at the cost of and for the account of
Licensee), all without service of notice or resort to legal process and without being
deemed guilty of trespass, or becoming liable for loss or damage which may be
occasioned thereby.
12.
Assignment. This Agreement, and the rights granted hereunder, are
personal to Licensee and are non-assignable and non-transferable by Licensee. Any
attempted assignment or other transfer of this Agreement or any rights hereunder by
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Licensee shall be null and void, have no effect and confer no rights upon any third
party.
13.
Manner of Operation. Licensee and its employees shall wear
appropriate attire at all times while in the Centers pursuant to this Agreement.
Licensee agrees to comply with (and cause its officers, employees, contractors,
invitees and all others doing business with Licensee, to comply with) all rules and
regulations of general applicability regarding the Centers as may be established by
Licensor at any time and from time to time during the Term, including without limitation
the Operating Rules set forth on Exhibit E, attached hereto and incorporated herein
by reference, to the extent applicable and the rules and regulations pertaining to signs.
14.
Suitability of Premises. Licensee hereby accepts the Premises in an
"AS IS" condition and Licensor expressly disclaims any warranty or representation
with regard to the condition, safety, security, or suitability of the Premises. It is
understood by Licensee that Licensor does not provide security protection for the
Premises and/or Licensee’s property. The Premises have not undergone an
inspection by a Certified Access Specialist (CAS).
15.
Waiver of Jury Trial, Venue and Governing Law. The parties agree
that any legal action or proceeding related to this Agreement shall be instituted in a
court of competent jurisdiction in the state of Arizona, County of Maricopa. This
Agreement shall be construed and enforced in accordance with the laws of the State
of Arizona, including the construction, performance and enforcement of the
Agreement.
16.
Compliance with Laws. Licensee shall, at its sole cost and expense,
comply with all laws, ordinances, orders, rules and regulations (state, federal,
municipal or any other agency having or claiming jurisdiction) related to its activities at the
Centers as provided for under this Agreement. All business licenses and other applicable
permits and licenses shall be secured and paid for by Licensee, as appropriate.
17.
Notices. All notices required hereunder shall be in writing and may be
delivered by personal service to the other party or via reputable overnight courier (in
which case such notice shall be deemed delivered as of the day of such delivery), or
sent postage prepaid by certified mail, return receipt requested (in which case such
notice shall be deemed delivered as of the third day after the date of such mailing), to
the following addresses, and for notices to be delivered to Licensor, a copy shall also
be sent to the Property Manager at the Centers:
To Licensee:
Maricopa County Elections Department
510 S. 3rd Avenue
Phoenix, AZ 85003
With a copy to:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango St.
Phoenix, AZ 85009
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To Licensor:
c/o Macerich
1961 Chain Bridge Road, Suite 305
McLean, VA 22102
Attn: Petra Maruca, V.P., Business Development
With a copy to:
The Macerich Company
401 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Attn: Legal Department
18.
Representations and Warranties Regarding Trademarks. Licensee
represents and warrants to Licensor that it has all of the rights required under state
and federal law for the use of trademarks and service marks of Licensee and its
affiliates, vendors, and independent contractors, including their names and logos
during the Term of this Agreement, prior to the Term, and after the Term of this
Agreement in connection with the Licensed Activity. Only with prior written approval
of Licensee, Licensee hereby grants to Licensor (at no cost to Licensor) the right and
license to use, exploit, print, publish, reproduce, display, distribute and broadcast and
to grant others the right to use, exploit, print, publish, reproduce, display, distribute
and broadcast all such trademarks and service marks, including Licensee’s and its
affiliates’, vendors’, and independent contractors’ names and logos, during the Term
of this Agreement in connection with the Licensed Activity in any media now known or
hereafter devised (including, without limitation, on Facebook, Youtube, Twitter and
Instagram), and Licensor's (or an affiliate or subsidiary thereof) website during the
Term of this Agreement, prior to the Term in connection with the Licensed Activity.
19.
Condition of the Premises upon Termination. Upon the expiration or
earlier termination of this Agreement, in whole or in part, for any reason whatsoever,
Licensee shall leave the Premises at the Centers in a neat and broom clean condition,
free of debris and in as good condition as when the Premises were originally delivered
to Licensee and repair any penetration or hole left by the removal of Licensee’s
personal property, ordinary wear and tear and casualty damage excepted. Licensee
hereby authorizes Licensor to remove all such personal property upon Licensee’s
failure to remove all personal property from the Centers after the expiration or earlier
termination of this Agreement. Licensee hereby waives any and all loss or damage
thereto arising from the reasonable exercise of this power, and covenants to indemnify
and hold harmless Licensor from and against any costs, claims, liens, damages or
reasonable attorney fees, and costs and disbursements arising from such removal.
20.
Attorneys' Fees. In the event any legal action is commenced to enforce
the terms of this Agreement, the prevailing party shall be awarded its reasonable
attorneys' fees and court costs.
21.
Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
22.
Entire Agreement. This Agreement is an integrated agreement,
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containing the entire agreement between the parties as to the matters addressed
herein. There are no agreements between the parties which are not contained herein,
and Licensee has not received or relied on any representations from Licensor or
Licensor’s agents other than as provided herein. No subsequent change, modification,
or addition to this Agreement shall be binding unless in writing and signed by the
parties.
[Signature page follows.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
Licensor:
Licensee:
The Macerich Partnership, L.P.
Maricopa County, a political
a Delaware limited partnership
subdivision of the State
of Arizona
By: The Macerich Company,
A Maryland corporation
_________________________
Its managing partner
Clint Hickman, Chairman of
The Board of Supervisors
By:
ATTEST:
Name:
__________________________
Clerk of the Board
Date
Title:
Approved as to Form:
Date:___________________________
____________________________
Deputy County Attorney
Date
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EXHIBIT A
CENTERS
Center
Ownership Entity
Property (physical)
Address
Contact
Number
Arrowhead Towne
Center
Arrowhead
Towne Center
LLC
7700 W. Arrowhead
Towne Center,
Glendale, AZ
85308
623-979-7720
Biltmore Fashion
Park
Biltmore
Shopping Center
Partners LLC
2502 E. Camelback
Rd., Phoenix, AZ
85016
602-955-8401
The Boulevard
Shops
Propcor II
Associates, LLC
3111 W. Chandler
Blvd., Chandler, AZ
85226
480-812-0152
Paradise Valley
Mall
Paradise Valley
Mall SPE LLC
4568 E. Cactus
Road, Phoenix, AZ
85032
602-996-8840
SanTan Village
Westcor SanTan
Village LLC
2218 E. Williams
Field Rd., Suite
235, Gilbert, AZ
85295
480-899-1878
Superstition
Springs Center
East Mesa Mall,
L.L.C.
6555 E. Southern
Ave., Mesa, AZ
85206
480-924-5050
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EXHIBIT B
LICENSE FEE PAYMENT SCHEDULE
Center
Base Fee
Amount
Tax Fee (if
applicable)
Total
License Fee
Payment Due Date
Arrowhead
Towne Center
$5,204.00
$176.94
$5,380.94
October 19, 2020
Biltmore
Fashion Park
$5,204.00
$150.92
$5,354.92
October 19, 2020
The Boulevard
Shops
$5,704.00
$114.08
$5,818.08
October 19, 2020
Paradise Valley
Mall
$5,204.00
$150.92
$5,354.92
October 19, 2020
SanTan Village
$5,204.00
$104.08
$5,308.08
October 19, 2020
Superstition
Springs Center
$5,204.00
$130.10
$5,334.10
October 19, 2020
Total Amount
Due:
$32,551.04
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EXHIBIT C
DESCRIPTION: Licensee to use the space designated by each Center, as depicted on
Exhibit D, as a voting location for the upcoming 2020 elections. Center to provide 10
chairs, if available. County to provide stanchions, if needed for exterior line
management. Each inline location within the Center to be mutually agreed upon.
Signage directing voters to voting location on each Election Day as approved by mall
management team.
In order to increase security presence at the mall for the duration of the elections, an
additional fee of $18 (plus tax) per hour, 8 hours per day shall be added to the License
Fee for 14 days for each location. This additional fee shall be used solely to increase
the security presence within the mall and for security to be available to respond to any
security incidents. All security personnel shall remain outside the seventy-five foot limit
around polling locations while the polls are open, as required by A.R.S. § 16-515(A),
unless responding to a security incident or request for assistance from elections
officials. To avoid the appearance of voter intimidation or suppression, no security
personnel shall provide line management unless asked to do so by elections officials;
provided, however, that security personnel as they perform their standard rounds and
security protocols shall otherwise be allowed to answer voter questions as long as
such interactions do not intimidate or dissuade a voter from standing in line to
vote. The County election staff and poll workers shall be responsible for line
management and oversight and providing directions or instructions to voters. The
County election staff shall ensure that election polling lines comply with social
distancing requirements and are outside the Center and not in the indoor common
areas of the Center. County election staff and poll workers shall coordinate with the
Mall Management Team to ensure all security personnel are properly trained at each
election location.
DATE AND TIME:
CENTER
SET-UP
DATES
VOTING
DATES
TEAR-DOWN
DATES
o
Arrowhead Towne Center
o
Biltmore Fashion Park
o
The Boulevard Shops
o
Paradise Valley Mall
o
SanTan Village
o
Superstition Springs Center
October 19 –
20,
2020
October 21 –
November 3,
2020
November 4-
7,
2020
LICENSEE
EMERGENCY
CONTACT
INFORMATION/E-MAIL
ADDRESS: Brittney
Johnson, Facility Acquisition Manager, 602-506-8260, bjohnson@risc.maricopa.gov
A. Set-up Requirements:
1. Requirements:
a. Set up must be completed by each Center’s time of open.
b. Licensee must check in/out with Center management upon entry/exit of the
Center.
c. Licensee must use the following area to load in: Promo Doors
d. Licensee must provide COI before entering a Center.
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B. Technical Requirements:
1. Electrical: Each inline location to have access to electrical.
2. Computer: n/a
3. Phone: n/a
C. Advertising & Signage:
1. Requested from Center: n/a
2. Within footprint: As provided by Licensee and approved by Center.
D. Web-site: Event will be promoted on Center's website and social media outlets with
assets provided by Licensee.
E. On-Site Activity:
1. Product Distribution: n/a
2. Staffing: Staff as provided by Licensee.
3. Enter-to-win: n/a
4. Live Entertainment: n/a
5. Radio Remote: n/a
F. Other Third Parties Associated with the Licensed Activity: n/a
G. Equipment Requested: n/a
H. Closing and Tear Down:
1. Requirements:
a. Take down must be completed after Center closes for business and before each
Center’s time of open at.
b. Licensee must check in/out with Center management upon entry/exit of a Center.
c. Licensee must use the following area to remove its personal property: Promo
Doors
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EXHIBIT D
PREMISES
See Exhibit A for Premises
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EXHIBIT E
OPERATING RULES
1.
Licensee shall keep the Premises open for business at all times while
conducting its Licensed Activity at the Centers and/or during the regular hours for the
Centers or as otherwise mutually agreed upon by the parties.
2.
Licensee shall display no merchandise outside the Premises, as set
forth on Exhibit D and shall keep the Premises and any displays in a safe, clean and
proper manner. All boxes and other paraphernalia are to be stored under covered
tables.
3.
Licensee shall make arrangements with the Centers management for
trash removal and ensure that all trash is promptly removed from the Premises.
4.
Licensee shall provide all necessary tables, chairs, identical table
skirting (unless provided by Centers management), signs, etc. All tables must be
covered to the floor on all four sides. The tops of tables must also be covered.
5.
Any signs used at the Premises shall be professionally prepared, stating
the name of the business and reason for display. All signs are subject to Licensor’s
prior approval. Any signage must be approved by the Center’s Marketing Manager
prior to entering the Center.
6.
Licensee shall, upon execution of this Agreement, adhere to all plans
provided to the Center’s Marketing Manager related to the Premises layout, location
of equipment, set-up and take-down, and times and dates of display.
7.
Licensee shall not permit food or beverages to be distributed or sold to
customers at the Premises without Licensor’s prior approval.
8.
Licensee shall display customer sales return policies to the extent
applicable.
9.
Licensee shall not permit loitering nor solicitation at the Premises. At no
time may any person call out, directly solicit, or physically detain customers nor may
they enter any store at the Centers or any other premises for the purpose of
solicitation. Licensee may not distribute fliers at the Centers outside of the Premises.
10.
Licensee shall not permit the playing of any musical instrument or radio
or television (including radio remote) or the use of a microphone or loudspeaker in the
Premises without Licensor’s prior written approval. Licensor reserves the right to
terminate this Agreement if the volumes exceed those deemed appropriate by
Licensor in its sole discretion.
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11.
Licensee shall furnish Licensor with emergency contact telephone
numbers, e-mail address and a forwarding mailing address.
12.
Licensee shall secure and be responsible for the Premises at the close
of business each day. Licensor assumes no responsibility for the merchandise or
display.
13.
Licensee shall deliver and surrender to Licensor immediate possession
of the Premises upon the expiration of the Agreement or its earlier termination as
provided for in the Agreement, in the same condition as delivered, normal wear and
tear excluded, in broom clean condition.
14.
Licensee shall comply with all rule and regulations established by
Licensor from time to time with respect to the common areas, facilities and sidewalks.
15.
All items to be sold at the Premises are subject to Licensor’s prior
approval.
16.
All merchandise must be hand-carried to the Premises or, if dollied, the
dolly must have wide rubber wheels only.
17.
No equipment (hand trucks, ladders, tools, etc.) will be available or
supplied by the Center or its management.
18.
All forms of equipment (i.e., stanchions, fencing, staging, etc.) brought
to the Center by Licensee must have approval by Licensor prior to set up.
19.
All materials and equipment shall be brought to the Premises at the
times specified by Center management or the Marketing Manager for the Center.
20.
Nothing may be taped or otherwise affixed to fixtures in the Center.
Nothing may be attached, secured to or hung from any architectural fixture in the
Center. This includes by way of example, but is not limited to, walls, ceiling, sculptures,
seating areas, plants or planters.
21.
Electrical cords may not be run along the Center’s floor and customer
traffic walkways, except in areas approved by Licensor in advance and such areas
must be covered with an approved electrical cover.
22.
A Center representative will be opening floor electrical sockets and
plates at entry time for the Licensed Activity to the extent applicable. Licensee is
prohibited from moving these items. Only 110-volt household current is available. All
electrical cords must be UL-approved. All power requirements must be discussed
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and approved by Licensor.
Center management must supervise all approved
electrical installations and set up.
23.
Wax floor finishes in the Center are delicate and easily scratched.
Licensee is responsible for any and all damage to the floor in the Center caused by it
due to the set-up, tear-down and operation of the Premises.
24.
No credit card signs may be displayed.
25.
The maximum height allowed for the top of the Premises is six (6) feet.
26.
Licensee and each of its employees shall park their vehicles only in
areas designated by the Center’s management.
27.
Licensee shall furnish and pay for all labor needed to set up and take
down the Premises. Licensee’s set-up may not commence earlier than one (1) day
prior to Licensee’s Licensed Activity and the complete take down must be finished the
day after Licensee’s Licensed Activity has ended. All Licensee equipment, including,
but not limited to, portable restrooms, bottled water, dumpsters, etc. must be removed
from the Center by that date.
28.
Failure by Licensee, its agents, employees and contractors to abide by
any of these Operating Rules shall entitle Licensor to immediately terminate this
Agreement.