TEMPORARY USE AGREEMENT (“AGREEMENT”)

1. Santa Fe Meeting Space, LLC (“Licensor”) hereby grants to Person Booking Space, (“Licensee”) (collectively, “the parties”) a non-exclusive license to occupy and use, subject to all of the terms and conditions herein stated, the portion of the above-named meeting space (hereafter referred to as the “Premises”), with approximate square footage, room number as specified above or shown on attached Site Plan.  Licensor reserves the absolute right to grant the same or [A1] similar use to others [in other rooms] during Licensee’s term.

2. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, nor landlord and tenant, nor partnership and partner, nor joint venture, between the parties.  It being understood and agreed that nothing contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties other than the relationship of Licensor and Licensee.

3. Licensee may occupy and use the selected conference room plus the kitchen area and break area and rest room at 4001 Office Court Dr., Suite 406 (“Premises”) for the term identified above[A2] , commencing on the [Commencement Date and time] and ending on the [Termination Date and time], unless terminated sooner as provided herein.

4. Such portion of the Premises may be occupied and used by the Licensee solely for the purpose as stated above.

5. Licensee shall occupy and use the Premises licensed herein under the individual or business name specified above and said trade name shall not be changed at any time during the term hereof without prior written consent by Licensor[A3] .

6. On or before the first day of each payment due date specified above, Licensee covenants and agrees to pay Licensor, without any right of offset, and without notice or demand, the Minimum Fee due for that period.

7. On or before the first day of each payment due date, Licensee covenants and agrees to pay Licensor, without notice or demand at Licensor’s office, address specified above, any Utility [A4] Charge or any other charges due hereunder.

8.[A5]     In the event Licensee’s use is outside the scope of presumed use describes in the Rules & Regulations, Licensee shall furnish to Licensor a Certificate of Insurance stating the following coverages are in full force and effect, naming the Licensor as additional insureds thereunder, and providing that no such insurance may be canceled without at least thirty (30) days written notice to Licensor by certified mail, return receipt requested: (i) a comprehensive general liability policy including coverage with respect to this Agreement, bodily injury liability, property damage, all in broad form, to be a combined single limit policy of $1,000,000; (ii) plus Auto Policy and [A6] (iii) Workmen’s Compensation Insurance as required by the laws of the State of New Mexico.[A7] 

9. Any and all costs and expenses (including any permits or licenses) attributable to the use of a portion of Santa Fe Meeting Space location by Licensee shall be borne by Licensee.  Licensee will not alter any part of the property at and around 4001 Office Court Dr. Suite 406 without first obtaining Licensor’s written approval as to location and design.

10. (A)   Unless caused by the gross negligence or willful misconduct of Licensor, Licensee shall assume liability for and shall indemnify and hold harmless Licensor, its agents and employees against and from any and all liabilities, obligations, losses, penalties, actions, suits, claims, damages, expenses, disbursements (including legal fees and expenses), or costs of any kind and nature whatsoever in any way, relating to or arising out of any activity of the Licensee, including without limitation its use of the Premises and the activities of the Licensee’s officers, directors, employees, agents, contractors, guests, invitees, and servants within the Santa Fe Meeting Space location.

(B)   Licensor, its agents and employees shall not be liable for damage to persons or property sustained by Licensee and any and all person(s) claiming through Licensee resulting from any accident or occurrence within or in the vicinity of the Premises or building, and any other part of the Santa Fe Meeting Space location, and Licensee hereby expressly waives all claims for the same, unless caused by the gross negligence or willful misconduct of Licensor.  Licensee agrees to pay on demand Licensor’s expenses, including reasonable attorney’s fees, incurred in enforcing any obligation of the Licensee under this Agreement.

11.  Licensee shall at all times during its use of the Premises provide sufficient supervision and maintain adequate control of its employees, guests, and invitees.  Licensee will be fully responsible for maintaining the Premises granted herein in good and safe condition during Licensee’s use and occupancy, and Licensee agrees that it shall comply with all rules and regulations of Licensor in regard to the Santa Fe Meeting Space building including auxiliary exterior parking spaces, sidewalks, entryways, landscaping, et cetera. Licensee further agrees that the Premises shall be used only for the purposes stated herein at all times. 

12.  Licensee represents that it has, or will obtain all applicable licenses, permits, registrations, including sales, use and other state, county, federal and local tax permits required of any applicable governmental subdivision or agency with respect to the type of activity carried on in and around the Premises.

13.  Upon cancellation, or at the termination of the License Agreement, Licensee agrees to remove its goods and effects, to repair any damage caused by such removal, and return the Premises clean and in good order, repair and condition, damage by fire or unavoidable casualty and ordinary wear and tear excepted.  Licensee acknowledges that any personal property not removed within fifteen (15) working days following such cancellation and or termination of this Agreement shall become abandoned property, and Licensor may dispose of said property as it deems appropriate at Licensee’s sole cost and expense.  Licensee acknowledges that the Licensor is not obligated to conduct any type of sale of said abandoned property, but Licensor shall remit to Licensee all cash proceeds, if any, which it receives in connection with any disposition of such abandoned property, less expenses, cost of sale and any outstanding fees or charges due under this agreement.

14.  In the event of any default by Licensee hereunder, Licensor shall have the right, at its election, to pursue any and all rights under this Agreement and any other remedy available to Licensor under any New Mexico or federal law then in effect.  Licensor is entitled to recover its reasonable attorneys’ fees and costs incurred in any such action.

15.  Licensee shall have no right to sell, assign, encumber or otherwise transfer this Agreement or any interest therein, nor sublet or otherwise allow any part of the Premises to be used by others, without prior written approval.

16.  Licensee shall not make any alterations to the Premises provided by Licensor, or any part thereof, without obtaining Licensor’s prior written approval.

17.   Licensee agrees not to suffer any mechanic’s lien to be filed against the Premises by reason of any work, labor, services or materials performed at, or furnished to the Premises, to the Licensee, or to anyone holding the Premises through or under the Licensee. Nothing contained in this Agreement shall be construed as consent on the part of the Licensor to subject Licensor’s estate in the Premises to any lien of liability under the lien laws of the State of New Mexico.

18. Anything contained in this Agreement to the contrary notwithstanding, Licensee agrees to look solely to the estate and property of the Licensor in the land and buildings  comprising the Santa Fe Meeting Space of which the Premises licensed for use by the Licensee hereunder forms a part, and the fees therefrom, for the collection of any judgment (or other judicial process) requiring the payment of money by Licensor in the event of any default or breach by Licensor under the terms of this Agreement, subject, however, to the prior rights of any ground or underlying lessor or the holder of any mortgage covering the Santa Fe Meeting Space, LLC. No other assets of the Licensor shall be subject to levy, execution or other judicial process for the satisfaction of Licensee’s claims.  Licensee further agrees that Licensor’s liability to Licensee under the terms of the Agreement or any claims arising out of alleged or actual defaults or breaches by Licensor of the terms of this Agreement shall in no event exceed the compensation paid or to be paid by Licensee to Licensor under the terms of this Agreement.

19. Licensee acknowledges and agrees that Licensor will not provide any security at the Santa Fe Meeting Space at any time and will not be responsible for any vandalism or acts of third parties, and that Licensee is solely responsible to hire any security personnel that Licensee deems necessary to protect Licensee’s property and equipment.

This License Agreement consists of four (4) pages plus a Floor Plan exhibit.

 [A1]You can delete this unless multiple entities will be using a single room

 [A2]If you have people fill this out online, you won’t be able to use “above” - will have to figure out a way to identify which room and length of time - maybe the website can automatically populate that info.

 [A3]This would only apply if the renter is/has a business.

 [A4]You can delete this if utilities are included. Or use this space to identify any additional fees

 [A5]This section will only apply if the renter is planning an activity that involves some level of risk.

 [A6]You could probably delete this unless the event involves cars or driving vehicles

 [A7]You probably won’t need this unless the renter is bringing their employees on-site and there is a possibility that one of their employees could injure themselves on site