WHEREAS, the is the Organizer and renter of located at , , (herein after referred as the 'Building'), where the will be conducted; and
WHEREAS, is engaged in the business of .
NOW, THEREFORE, it is agreed that:
PURPOSE. agrees to provide space to conduct 's business in , at . 's use of 's building is limited to the space selected by as identified prior to the event. In general, is guaranteed a minimum of square feet of space. accepts the opportunity to participate as a vendor in the Building for commencing on and ending on . hereby accepts the following listed conditions and limitations.
HOURS OF OPERATION. area shall remain open from to each day the Event is in progress, unless notifies of other hours of operation.
INSTALLATION AND TEAR DOWN. shall set up the facilities for sale on , between . shall remove his/her facilities for sale from the Building no later than on .
PAYMENT. is provided with the Space in the Building in exchange for to paid upon signing this Agreement. Space locations will be assigned by and provided to in advance of the Event.
agrees to also pay an amount equal to % of 's gross daily receipts plus the applicable taxes. The term "Gross Daily Receipt" shall mean the total amount charged by Vendor, its employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections, including but not limited to orders taken at the building.
APPEARANCE. is responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes 's responsibility to remove bulk trash. Should fail to keep the Space in an orderly manner will result in additional removal fees.
EXTRA SERVICES. is not obliged to provide telephone, water, electrical and drain services to . shall also be responsible for payment of other charges like, electricity charges, water charges, taxes, etc. to the concerned authorities.
DISPLAYS AND SIGNS. All displays in the building must be free standing. Nothing may attach to walls or columns of the building by any means at all. Signs must be free standing. Signs should not block other vendor's shops. Signs may not attach to the walls or columns of the building
QUALITY PRODUCTS. shall ensure proper quality of the products sold. shall comply with all applicable laws as to vendor's sales.
EMPLOYMENT OF STAFF. will employ adequate staff at 's own cost in order to operating the Space provided by .
FOOD AND BEVERAGES. No food or beverage may be brought into the Building by from outside. shall purchase all foods and beverages from facilities provided for the event.
INSURANCE. is solely responsible to obtain insurance coverage on property brought into the Building. assumes full responsibility for items left in the facility. accepts no liability for lost, stolen or damages property and is not required to carry additional insurance to cover 's property.
INDEMNIFICATION. agrees to indemnify and hold harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against that result from the acts or omissions of and/or 's employees, agents, or representatives. shall be solely responsible for insuring all applicable laws are followed and complied with in selling and presenting 's products and services at the Event.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
a.The failure to make a required payment when due.
b.The insolvency or bankruptcy of either party.
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c. | The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. |
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d. | The failure to make available or deliver the Services in the time and manner provided for in this Agreement. |
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
, or other labor disputes
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of .
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.