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The use of University of Toledo facilities shall at all times be consistent with the instructional, research and public service functions of the University. UNIVERSITY shall retain the right of determining which activities are consistent with its primary purposes. All persons or groups using UNIVERSITY facilities shall conform to the requirements of these rules and other University policies and state laws.
I. EXCLUSIVE RIGHTS OF UNIVERSITY
UNIVERSITY reserves the rights to refuse, reschedule, or cancel any event(s) that may be in direct conflict with the programming mission of the UNIVERSITY.
II. SCHEDULING CHANGES
LICENSEE must notify UNIVERSITY of any changes to the event schedule as stated in this contract at least forty-eight (48) hours prior to the start of the event. Any notification of schedule changes given to UNIVERSITY less than forty-eight (48) hours prior to the start of the event may be implemented at the discretion of UNIVERSITY. LICENSEE shall not alter the event schedule outside of the time restrictions set forth in this contract without written consent from UNIVERSITY.
A. BY LICENSEE
In the event that LICENSEE cancels the event more than forty-eight (48) hours prior to the event; LICENSEE shall incur no charge. If LICENSEE cancels the event less than forty-eight (48) hours prior to the event, LICENSEE shall be liable to UNIVERSITY for all charges incurred by UNIVERSITY to the date of the event and the rental fee as liquidated damages, unless the FACILITY is reassigned to another LICENSEE under the same terms as those contained in this Agreement. In the event of non-use (a no-show) by LICENSEE, LICENSEE shall be liable to UNIVERSITY for all charges incurred and the rental fee as liquidated damages.
B. BY UNIVERSITY
UNIVERSITY may cancel this Agreement upon seven- (7) days written notice. UNIVERSITY, for public necessity or emergency use, may cancel the Agreement at any time. In the event of cancellation for any of the aforementioned reasons, UNIVERSITY’S liability shall be limited to repayment of any advance payment of rental fees by LICENSEE to UNIVERSITY.
IV. INDEMNIFICATION BY NON-UNIVERSITY LICENSEES
Any non-University LICENSEE, its affiliates and subsidiaries shall indemnify, protect, defend and hold harmless the UNIVERSITY, its employees, students and the State of Ohio and its agents from and against any and all claims, loss of use or damages, liens, judgments, penalties, attorney’s and consultant’s fees, expenses or liabilities arising out of, involving, or in connection with, the use or occupancy of FACILITY by LICENSEE or its guests or patrons. If any action or proceeding is brought against UNIVERSITY by reason of any foregoing matters, LICENSEE shall upon notice defend the same at LICENSEE’S expense by counsel reasonably satisfactory to UNIVERSITY and UNIVERSITY shall cooperate with LICENSEE to such defenses. UNIVERSITY need not have first paid any such claim in order to be defended or indemnified.
V. INSURANCE FOR COMMERCIAL USE OF FACILITY
All non-University LICENSEES, for which payment is collected for admission or participation, shall procure and maintain in full force during the term of the contract, bodily injury and property damage liability insurance under a standard comprehensive general liability policy, including contractual liability, which shall provide a minimum limit of $1,000,000 one million) for any one occurrence and evidence of umbrella coverage in an amount not less than $1,000,000 (one million). UNIVERSITY shall be named as Additional Insured in all required contracts of insurance pertaining to the use of FACILITY. A certificate on insurance must be filed with UNIVERSITY within ten (10) working days prior to the event.
VI. CATERING SERVICES
LICENSEE is expressly prohibited from bringing in any food products, beverages, or other catering supplies, and agrees to utilize only UNIVERSITY’S contracted food service vendor for any and all catering done under the terms of this Agreement. University Catering Services may be contacted directly at (419) 530-2670 to arrange for all food service requests.
Staff required for the operation of FACILITY will be determined by UNIVERSITY, will be supplied as needed, and LICENSEE will be billed any charges.
VIII. SECURITY ARRANGEMENTS
LICENSEE is expressly prohibited from bringing in or arranging for the service of any private, volunteer, or independent security force, and agrees to utilize only UNIVERSITY’S security personnel arranged through the University of Toledo Police Department (419-530-2600) under the terms of this agreement.
IX. CONCESSION SALES
UNIVERSITY reserves the sole right to contract for the sale of programs, food and any other merchandise or service within FACILITY.
X. DEFACEMENT AND DAMAGE OF PROPERTY
A. NON-UNIVERSITY LICENSEE
LICENSEE hereby assumes full responsibility for the acts of all persons using FACILITY and hereby agrees to reimburse UNIVERSITY for any and all damage done to said FACILITY or University property during the period of this Agreement.
B. UNIVERSITY LICENSEE
Any University LICENSEE will also be held responsible for any and all damages done to said FACILITY during the period of the agreement and will be responsible for reimbursing UNIVERSITY for all expenses incurred for repairs.
XI. ABIDE BY UNIVERSITY POLICIES
LICENSEE agrees to abide by all UNIVERSITY policies in effect at the time of the event, as well as all local, state, and federal law.
All state, local, and UNIVERSITY regulations concerning health, safety, and public order, which are applicable to the use and occupancy of public facilities, shall be observed. UNIVERSITY regulations applying to specific rooms shall be observed. Further information regarding each room can be obtained from UNIVERSITY.
Should FACILITY or any part thereof be destroyed by fire or any other cause or should any other casualty or occurrence render the fulfillment of the Agreement by UNIVERSITY impossible, then and in that event this Agreement shall terminate and LICENSEE shall have no further obligation to UNIVERSITY and shall pay a pro-rated license fee based on actual use. LICENSEE hereby waives any claim for damages should this Agreement be terminated.
XIII. RIGHT OF ENTRY
The premises shall at all times be under the control of UNIVERSITY and all UNIVERSITY personnel, agents, police, and fire department employees shall have the right to enter FACILITY at any time.
XIV. FACILITY ARRANGEMENT
The LICENSEE agrees to contact the appropriate UNIVERSITY personnel named on the attached permit to specify FACILITY arrangements desired for the event. Such arrangements must be made no later than 72 hours prior to the scheduled event. Any arrangements must be in writing and are deemed part of this Agreement. UNIVERSITY reserves the right to honor the late receipt of this information.
LICENSEE during the event shall obstruct no sidewalks, doors, passages or avenues of ingress or egress to or from FACILITY, except in the lobby areas, as permitted by UNIVERSITY. LICENSEE shall not use or bring any hazardous materials (any type of open flame including candles, flammable or caustic materials, etc.) inside FACILITY without prior written consent of UNIVERSITY.
XVI. TRAFFIC AND PARKING
It is understood and agreed that LICENSEE, its agents, employees, guests and patrons, will be subject to all UNIVERSITY traffic and parking regulations existing as of the date of this agreement. The University of Toledo Parking Regulations require all faculty, staff, students and guests using UNIVERSITY parking facilities to display a University parking permit. Permits, including temporary permits, are available at either the Parking Services Office or the University Campus Information Center for a nominal FEE. Any arrangements for special parking permits must be made through the University's Parking Services at 419.530.2295.
A. PRIOR TO EVENT
LICENSEE agrees to pay UNIVERSITY by check or cash the total contracted balance forty-eight (48) hours prior to the start of their contracted time. If payment is not received forty-eight (48) hours prior to the start time of the event, this Agreement will automatically terminate without liability to UNIVERSITY and access to FACILITY shall be denied to LICENSEE.
B. FOLLOWING EVENT
Any adjustments in billing will be invoiced to LICENSEE following the event. LICENSEE agrees to pay UNIVERSITY by check or cash the total balance due within thirty (30) days following receipt of invoice. If payment is not received as stated herein, UNIVERSITY may cancel future events and may take legal action to secure payment. In addition, a late payment charge of one and one-half percent (1.5%) per month on the unpaid balance will be added to the account balance.
XVIII. LOST OR ABANDONED PERSONAL PROPERTY
UNIVERSITY accepts no responsibility for personal property of LICENSEE or LICENSEE’S guests left on FACILITY premises.
XIX. RECORDINGS, TELEVISION AND PROJECTIONS
Radio and television broadcasting, movie, film, videotape recording and transaction rights for any performance or rehearsal are expressly reserved to UNIVERSITY. UNIVERSITY shall remain in control of the public address system at all times.
XX. ENTIRETY OF AGREEMENT
It is expressly understood and agreed that UNIVERSITY makes no representations or agreements, oral or otherwise, outside the terms of this Agreement that expand or conflict with any of the provisions hereof. Any purported outside representations or agreements have no force or effect upon the rights or duties of UNIVERSITY herein. No term, provision, or condition of this Agreement may be altered, amended, or added except upon the execution of a written amendment in the same manner as this Agreement.
XXI. FORCE MAJEURE
Neither UNIVERSITY nor LICENSEE shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate this Agreement under Paragraph III (Cancellation) in such circumstances.