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Meetings, Events & ConferencesRental AgreementThis License to Use Agreement (hereinafter AGREEMENT) made this _____ day of ____________, 2006, between LEWIS UNIVERSITY (hereinafter LEWIS) and _______________ (hereinafter LICENSEE) represents the entire agreement between both parties. W I T N E S S E T H
2.0
LEWIS ADDRESS, PHONE NUMBERS, FAX NUMBERS AND CONTACT PERSON Contact Person: Robert Arnold, Director of Meetings, Events & Conferences 3.0 LICENSE, RIGHT TO USE AND PURPOSE In consideration of the covenants and terms herein expressed and the faithful performance by LICENSEE of such covenants and terms LEWIS hereby licenses to LICENSEE and LICENSEE hereby licenses from LEWIS the right to use the areas of the premises located at One University Parkway Box 1120 Romeoville, IL, 60446 during the term as described in paragraph 4.0 of this AGREEMENT for the sole purpose of: and for no other purpose. It is understood that other areas of the premises may be licensed to other persons during any of the term covered by this AGREEMENT. However, LEWIS warrants that it will not authorize or permit any other licensee to engage in operations or activities that would interfere with LICENSEE'S enjoyment of the rights granted under this AGREEMENT. 4.0
LEWIS PREMISES, TERM AND FUNCTIONS
5.0 RATE SCHEDULE, COST ESTIMATE AND AGREEMENT TO PAY LICENSEE acknowledges having earlier received or receiving herewith a copy of the RATE SCHEDULE identifying premise rental rates, service fees, and use fees. The premises being rented are described above. LEWIS has used its best efforts in estimating costs for LICENSEE. LICENSEE acknowledges actual service and use fees may vary from the estimate and agrees to pay and deliver to LEWIS the sum of the premise rental and actual service and user fees for items used by or for services provided to LICENSEE are rates in effect on the date of this AGREEMENT. 6.0 SERVICE AND USE FEES Estimated service and use fees as of the date of this AGREEMENT to be finalized between ___and Wayne Draudt. Actual service and use fees as determined by LEWIS will be paid by LICENSEE as provided in Section 5.0 of this AGREEMENT. 7.0 SECURITY DEPOSIT In addition to other payments, LEWIS requires a security deposit of____. LICENSEE agrees to deliver to LEWIS a check or money order an amount as determined by LEWIS, to be held by LEWIS as further security for the full performance of the LICENSEE of all covenants and terms to be performed by it hereunder, in addition to the indemnities, warranties, covenants and terms otherwise provided herein. LICENSEE will deliver such security deposit upon the signing of this AGREEMENT. The security deposit is non-interest bearing. All or part of the security deposit is refundable at following an inspection of the premises by LEWIS, and provided LICENSEE shall have fully performed hereunder and there are no damages to premises. The LICENSEE has the option of conducting a pre-event inspection of the premises with LEWIS personnel at a mutually agreeable time. 8.0 CATERING All catering, food service, beverages and liquor will be provided exclusively through LEWIS. Under no circumstances shall food, beverages or liquor be brought onto campus from any caterer, private individual or sub-contractor. A Guarantee of attendance will be due five (5) business days prior to the event. LICENSEE will be billed for the guaranteed number of attendees or the actual number of attendees, whichever is greater. LEWIS reserves the right to refuse service of alcoholic beverages to any attendee who is, in LEWIS's sole opinion, not of legal drinking age or inebriated. LEWIS reserves the right to close the bar should LEWIS deem it necessary. 9.0 SETTLEMENT DATE AND TIME A refund of any overpayment will be made to the LICENSEE within 15 days of the event or the LICENSEE will pay and deliver to LEWIS final payment for any additional incurred costs within 15 days after the event. All payments shall be by check or money order payable to LEWIS University. Payment Amount: Balance Date Due: Upon Receipt of Invoice A final payment, if applicable, is due payable upon receipt of the invoice from LEWIS University. 10.0 ACCESS TO PREMISES FOR OUTSIDE SERVICES LICENSEE will deliver no less than ten (10) business days prior to the scheduled use of the premises, an accurate written list of all outside contracted services containing the names of the outside service companies, their contact persons, phone numbers, fax numbers and scheduled arrival time at the premises. The outside service personnel for services contracted for by LICENSEE will have access to the premises for set up at the time and on the date specified within this AGREEMENT. This includes, but is not limited to, bands, bakers, disk jockeys, florists, rental companies and photographers. Date Floor Plan and Outside Services Listing Due: N/A 11.0 APPROVAL OF AGREEMENT It is agreed that this AGREEMENT shall not be in force until it has been signed by both parties to this AGREEMENT and LEWIS has received payments as identified in Section 8.0 and 9.0 within this AGREEMENT. If, for any reason, LEWIS does not accept or sign this AGREEMENT, deposits, if any, will be returned or refunded to LICENSEE. 12.0 CANCELLATION OF LICENSE LICENSEE shall notify LEWIS prior to any public notification of event cancellation including, but not limited to, press release distribution, broadcast, or posting of notice. If the LICENSEE postpones or cancels the event after it has been advertised, promoted or sold to the general public, LICENSEE shall mitigate any damages to LEWIS. In case of short notice of cancellation, as may be determined by LEWIS, LICENSEE shall be present on the canceled date two (2) hours prior to the advertised event time until one half hour after the advertised event time. LICENSEE shall appease the public, answer questions, and refund or exchange any tickets. Any deviation or failure to comply with the identified cancellation procedures may result in additional costs which will be assessed at the settlement. LICENSEE is responsible for and agrees to pay any such costs. LEWIS reserves the right to cancel the AGREEMENT when deemed, at its sole discretion, to be in the best interest of public safety. If such cancellation is made for public safety reasons LICENSEE agrees to indemnify and hold harmless LEWIS, its board members, officers, management, employees from damages and/or liability. 13.0 CIVIL RIGHTS AND NON-RESIDENT ALIENS LICENSEE agrees not to discriminate against any employee because of age, disability, national origin, race, religion, sex, and further agrees to likewise not discriminate for those same reasons against any persons relative to admission, service, or privileges offered to, or enjoyed by the general public. LICENSEE shall bear sole responsibility for ensuring that all non-resident aliens in their employ are in compliance with applicable laws. 14.0 CONSTRUCTION OF AGREEMENT All persons or entities executing this AGREEMENT as LICENSEE shall be deemed to have jointly and severally made and entered into the whole of this AGREEMENT and shall be jointly and severally liable thereby. All covenants and terms of this AGREEMENT shall be binding upon the parties, their successors, and assigns, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto, unless the same be in writing and be signed by the authorized representatives of LEWIS. This AGREEMENT shall be construed and interpreted under the laws of the State of Illinois. Exhibit A and Exhibit B are hereby made part of this AGREEMENT. 15.0 CONSTRUCTION OF POLICY LEWIS reserves the privilege of constructing policy that shall govern in any unusual circumstances. Any policy constructed by LEWIS is designed to protect the public interest and the interests of LEWIS. These policy decisions are indisputably to be made by LEWIS and is the final word of LEWIS regarding any and all disputed matters. 16.0 TERMINATION DUE TO FIRE, CALAMITY OR OTHER In the event premises, or any portion thereof are destroyed or damaged by fire or other calamity so as to prevent the use of premises for the purposes and during the period specified herein, or the premises cannot be used because of strikes, Acts of God, national emergency, or other cause beyond the control of LEWIS, then this AGREEMENT will terminate. In the event this AGREEMENT is terminated, as described herein, LEWIS will refund or release LICENSEE from liability for payment after settlement if any of an amount bearing the same proportion of the total payment provided for in this AGREEMENT during the period which the premises are, in fact, not utilized. Should LEWIS so refund or release LICENSEE, LICENSEE agrees to forgo any and all claims for damages against LEWIS. 17.0 DEFAULT OF PAYMENT OR PERFORMANCE LICENSEE agrees in the event LICENSEE defaults in payment of rent, other monies due, or any part thereof, or in the performance of any of the covenants or terms of this AGREEMENT; then this AGREEMENT, at LEWIS?S option will terminate if the LICENSEE fails to cure such default within ten (10) days of receipt of notice from LEWIS. If LEWIS declares this AGREEMENT terminated, LEWIS will use its best efforts, but is not obligated to relet the premises and LICENSEE will, despite the termination, pay the full amount of the rent plus damages, if any. The foregoing remedies are not exclusive, and LEWIS shall have any remedy, including the use and application of the Security Deposit, if any, to recover monies due from or damages caused by LICENSEE. LICENSEE agrees to pay all of LEWIS'S reasonable attorney's fees and costs incurred enforcing this AGREEMENT. LEWIS will have a lien upon any of the LICENSEE'S goods or other property which may be on the premises for the payment of rent, monies or damages due LEWIS. 18.0 ENTIRETY OF AGREEMENT It is expressly understood and agreed that LEWIS makes no representations, covenants or terms, oral or otherwise, outside of the terms of this AGREEMENT which add to or broaden, vary or conflict with the provisions hereof. Any purported outside representation, covenants, or terms have no force or effect upon the rights or duties of LEWIS hereunder. No term, provision, or condition of this AGREEMENT shall be altered, amended or added except by amendment to this AGREEMENT. 19.0 GOOD FAITH LEWIS is submitting this AGREEMENT in good faith and with the judgement that the LICENSEE shall abide by all covenants and terms of this AGREEMENT. Any attempt to circumvent the policies or misrepresent the purpose of use could result in the willful termination of this AGREEMENT by the LICENSEE and forfeiture of any and all deposits made. 20.0 INDEMNITY AND HOLD HARMLESS LICENSEE hereby agrees to indemnify and hold harmless LEWIS, its board members, officers, management, and employees from any and all claims, demands, loss, liability, cost or expense of any kind or nature whatsoever, including attorneys' fees, which may be imposed upon any of them for injury or death of persons, including injuries sustained by LICENSEE, LEWIS employees, or damage to property arising out of or connected with or attributed to the use or occupancy of premises by LICENSEE except if such loss, liability, cost or expense was due to the negligent acts or omissions of LEWIS. 21.0 INSURANCE LICENSEE will indemnify, defend and hold harmless LEWIS for any injuries to LICENSEE or LICENSEE's guests and loss of property. LINCENSEE agrees at LICENSEES own cost and expense to keep all of its property, whether or not within the Licensed Space, insured for replacement value against loss by fire, extended coverage sprinkler leakage, and to operate under the provisions of the Illinois Workman's Compensation Law and carry insurance covering all liability under said law. 21.1 LEWIS will not be responsible to LICENSEE for any loss, disapearance or damage to any goods, wares, merchandise, fixtures, or property of any kind stored, kept, maintained, displayed or used on or about the Licensed Space, the use of which LICENSEE may have along or in conjunction with other persons, regardless of the cause of said damage or disappearance. 22.0 LICENSEE PROPERTY LEWIS will, upon prior arrangement, between LICENSEE and LEWIS, accept delivery of property addressed to LICENSEE at the address identified in Section 2.0 as a service to LICENSEE. LICENSEE shall indemnify and hold harmless LEWIS of any loss or damage to such property in the receipt, handling, care or custody of such property at any time. LEWIS shall not assume any responsibility whatsoever for any property placed on the premises. Any security or protective service desired by LICENSEE shall be arranged for by special agreement with LEWIS. LEWIS is not responsible for any LICENSEE property left after termination of use periods as described in Section 4.0 of this AGREEMENT. In the event LICENSEE property is left on the premises at the end of thirty (30) days after termination of use, LEWIS may take possession of, assume title to, and dispose of as it sees fit and retains all proceeds from such disposal. Any economic value of such property will be recovered by LEWIS as storage fees. 23.0 MANAGEMENT DISCRETION LEWIS reserves the right to remove any objectionable persons and property from the premises. LEWIS reserves the right for LEWIS personnel to enter, at any time, upon the premises under license by LICENSEE without LICENSEE'S authorization. LEWIS reserves the right to make decisions regarding unavoidable happenings, emergencies and acts of nature. 24.0
NON-ASSIGNABILITY AND SUB-LETTING 25.0 NOTICES All notices given to LICENSEE or LEWIS shall be given at the addresses, phone numbers, and fax numbers as described in Section 1.0 and 2.0 of this AGREEMENT. 26.0 PUBLIC SAFETY LICENSEE shall conduct all of its activities with full regard to public safety and will observe and abide by all Federal, State and Local regulations of duly authorized governmental agencies responsible for public safety. All portions of the sidewalks, entries, passages, stairways and all ways of access to public utilities of the premises will be kept unobstructed and will not be used for any purpose other than ingress and egress. 27.0 SEVERABILITY In the event any of part of this AGREEMENT is not enforceable, this shall not effect the legality and enforceability of other parts of this AGREEMENT. 28.0 SUIT TO ENFORCE Should LEWIS institute suit or other action against LICENSEE as a result of LICENSEE'S failure to comply with any term of this AGREEMENT, LEWIS shall recover all damages provided by law, all costs and disbursements provided by statute and all costs actually incurred, including reasonable attorney's fees. 29.0
SURRENDER OF PREMISES 30.0 UNAUTHORIZED USE OF PREMISES LICENSEE shall not bring or cause to be brought to the premises any material, including but not limited to, explosives (including fireworks and the like), hazardous waste and toxic materials, that may cause any activity or carry on any practice that is a nuisance or is unlawful or violates any local, State or Federal ordinance, regulations or laws; make any alterations in additions to, improvements to the premises, including but not limited to the placement of nails, hooks, tacks, screws, tape or any other items into or on any part of the premises. LICENSEE shall not operate any engine, motor or machinery or use oils, burning fluids, camphene, kerosene, naphtha, gasoline, paint, alcohol or other such substance which LEWIS deems to be highly combustible. LICENSEE shall not use nor allow to be used any agent other than electricity for illuminating said premises. LICENSEE shall not keep any animals in or upon the premises without prior written permission from LEWIS. LICENSEE hereby assumes full responsibility for the character, acts, and conduct of all persons admitted to the premises by consent of LICENSEE, including the enforcement of the non-smoking policy in all areas of the premises. LICENSEE agrees to pay for any damages to the premises resulting from any acts, intentional or negligent, whether said acts are committed by LICENSEE, or its agents or employees or persons participating in or attending the function contemplated by this AGREEMENT or on the premises with the permission of LICENSEE. 31.1 SUPERVISION LICENSEE shall provide supervision of all minor children in attendance at or participating in any aspect of the event. 32.0 MISSION LICENSEE will conduct no activity which could be interpreted as in conflict with the mission of LEWIS. The Mission Statement of Lewis University is as follows: Lewis University, guided by its Catholic and Lasallian heritage, provides to a diverse student population, programs for a liberal and professional education, grounded in the interaction of knowledge and fidelity in the search for truth. Lewis promotes the development of the complete person through the pursuit of wisdom and justice. Fundamental to its mission is a spirit of association which fosters community in all teaching, learning and service.
LEWIS UNIVERSITY LICENSEE
Exhibit
A
EVENT MEMO While planning all of the details involved in your event, the Conferences & Events staff prepares an event memo to make sure all of your needs are met. Each event memo explains the specifics of your event including deliveries, rental equipment, and outside services. It also describes the set-up of tables and chairs. Upon
receiving an event memo from a Conferences and Events staff member,
it is highly recommended that you revise it and return it to our
office to assure the event is planned according to your specifications.
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