Pop-Up vendors must sign a Short Term Pop Up Retail Use Agreement and provide proof of business insurance policy prior to using the space. The following sections are included in the Use Agreement and covers the insurance requirements and house rules as they relate to the Pop-Up space:
5. Use of Retail Space
5.1 Permitted Uses. User shall use the Retail Space solely for the permitted use and under the permitted trade name set out in the Appendix (the “Permitted Use”), and for no other business or purpose without the prior written consent of Owner. Owner may give or withhold such consent in its sole discretion.
5.2 Prohibited Uses. User may not use the Retail Space in any manner that conflicts with another user’s or tenant’s exclusive use rights which User acknowledges may change from time to time. Owner will notify User of all current exclusive use rights upon request. So long as User is operating in the Retail Space for the Permitted Use and under the Permitted Trade Name, Owner will not grant any other User rights that prevent User from selling any item specially enumerated as part of the Permitted Use, but such covenant shall not be construed as an exclusive right to sell the items so enumerated. User may not prepare any food in the Retail Space. User may not use the Retail Space for the sale or distribution of alcoholic beverages, including wine, beer and spirits, marijuana or cannabis or any products containing marijuana or cannabis or any derivative thereof. User shall not do or permit anything to be done in or about the Retail Space which will obstruct or interfere in any way with the rights of other Users or occupants of the Building or injure or unreasonably annoy any of them. User shall not cause, maintain or permit any nuisance in, on or about the Retail Space or commit or allow to be committed any waste in, on or about the Retail Space or the Building.
5.3 Displays in Retail Pop Up Space. User may place merchandise displays or other fixtures in the Retail Pop Up Space and Common Areas immediately in front of the Retail Space only if such materials and displays are approved in advance by Owner. Except as provided in the prior sentence. User may not place any object or barrier within, or otherwise obstruct, any of the Common Areas.
5.4 Compliance With Laws. User shall, at all times, comply with all laws, ordinances and any regulations promulgated by any governmental authority having jurisdiction over the Building and/or the Retail Space and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted, to the extent that such matters relate to the manner and method of User’s use or operations within the Retail Space.
5.5 No Offensive Uses. User may not use or allow the Retail Space to be used for any improper, immoral, unlawful or objectionable or offensive purpose nor to sell, distribute, display or offer for sale any products or services not suitable for a class A downtown high-rise office building, including: (a) any paraphernalia commonly used in the use or ingestion of illicit drugs; (b) any pornographic, lewd, suggestive, or “ adult” entertainment, newspaper, book, magazine, picture, movie, representation or merchandise of any kind; (c) lottery tickets, “pull-tabs” or other games of chance; or (d) firearms, ammunition, or weapons of any kind.
5.6 Utilities and Janitorial. User, at all times, must keep the Retail Space in a clean and neat condition suitable for a class A office project, and User shall provide and pay for janitorial services required to keep the Retail Space in such condition. As long as User meets the standard described above, User may use its own employees to clean the Retail Space. If User does not meet this standard, Owner may require User to use Owner’s designated janitorial service provider or Owner may provide such service at User’s cost including an administrative surcharge of ten percent (10%).
5.7 Entry by Owner. User shall not have exclusive use or possession of the Retail Space and Owner reserves the right to enter the Retail Space at any time for any purpose including to inspect the same, to post notices of non-responsibility, to repair or maintain the Retail Space and any portion of the Building that Owner may deem necessary or desirable. Owner or its property manager or broker may at any time enter the Retail Space to show the Retail Space to prospective users or tenants. Owner shall, at all times, have and retain a key, security card or other access device with which to unlock all entrances (including all doors and the gate) to the Retail Space, and Owner shall have the right to use any means Owner may deem proper to enter the Retail Space in an emergency, without liability to User. Any entry to the Retail Space by Owner or Owner’s agents by any of these means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into the Retail Space, or any violation of User’s license. User waives any claims related to Owner’s exercise of its rights pursuant to this Article.
5.8 Odors and Noise. User shall operate its business so that odors, emissions, fumes and noise from the Retail Space are minimized outside the Retail Space.
5.9 Hours of Operation. This section is intentionally left blank
5.10 Security. User shall be solely responsible for the security of the Retail Space. User shall close and lock all entrances to the Common Areas, at all times, when User is not open and operating.
5.11 Rules and Regulations. User shall comply with the rules and regulations for the Building (“Rules and Regulations”). Owner reserves the right to amend and modify the Rules and Regulations by written notice to User in its sole discretion and at any time. Any breach of the Rules and Regulations by User or any User Party shall be a breach of this Agreement and may subject User to fines or penalties which shall be payable to Owner upon demand. Owner shall not be responsible for the nonperformance by any user or occupant of the Building of any of the Rules and Regulations and failure by Owner to enforce any of the Rules and Regulations shall not be deemed to be a waiver of the same.
8. Insurance. All insurance maintained by Owner shall be for Owner’s sole benefit. Owner shall not be obligated to insure and shall have no responsibility whatsoever for any damage to any goods, inventory, supplies, or other personal property or fixtures which User may place in the Retail Space.
8.1 User’s Insurance. Commencing on the date User first enters the Retail Space and throughout the Term, User shall obtain and maintain (a) commercial general liability insurance (written on an occurrence basis) including contractual liability coverage insuring the indemnification obligations assumed by User under this Agreement, premises and operations coverage, broad form property damage coverage and independent contractors coverage, personal injury and products and completed operations, (b) all-risk or cause of loss special form property insurance, (c) commercial automobile liability insurance (covering any automobiles owned or operated by User, if any), (d) worker’s compensation insurance, and (e) employer’s liability insurance. User’s commercial general liability insurance shall be in an amount (which may include umbrella or excess liability insurance) of no less than One Million Dollars ($1,000,000) combined single limit per occurrence, One Million Dollars ($1,000,000) personal & advertising injury, with a Two Million Dollars $2,000,000 annual aggregate, Two Million Dollars ($2,000,000) products/completed operations aggregate, Fifty Thousand Dollars ($50,000) fire legal premises damage, and Five Thousand Dollars ($5,000) medical expense. User’s commercial automobile liability insurance shall be in an amount not less than One Million Dollars ($1,000,000) for each accident. User’s worker’s compensation insurance shall carry minimum limits as defined by the law of the jurisdiction in which the Building is located (as the same may be amended from time to time). User’s employer’s liability insurance shall be in an amount not less than One Million Dollars ($1,000,000) for each accident, One Million Dollars ($1,000,000) disease-policy limit, and One Million Dollars ($1,000,000) disease-each employee.