LICENSE TO OCCUPY - Terms and Conditions

BETWEEN                       Red Rover Agency on behalf of 183 KARANAGAHAPE RD LTD

                            (“THE LICENSOR”)

AND                               Popup Tentant

                             (“THE LICENSEE”)

 Whereby THE Licensor agrees to grant, and the Licensee agrees to take a License to Occupy (“the License”) of the Premises (“the Premises”) described below on the following terms and conditions;

1.    TERM

1.1  The License term will be specified in the date field on the online form.

1.2  Pack in: Morning from 7.30am. Pack out: Evening 5pm (unless other arrangements are agreed with the Licensor)

2.    LICENSE RENTAL

2.1  The License rental shall be as $500 + GST pw or as otherwise negotiated

2.2  The terms of this agreement to remain confidential at all times

3.    RATES & OPERATING EXPENSES

3.1  The Parties acknowledge that the License rental is inclusive of rates, utilities and operating expenses.

4.    BUSINESS USE OF PREMISES

4.1  The premises shall be used by the Licensee as agreed and approved by the Licensor. The Licensee shall not without the written prior consent of the Licensor permit the premises to be used in whole or for part for any use other than the approved business use.

4.2  USE OF PREMISES:

Retail

 4.3  Minimum OPERATING HOURS:

Monday-Wednesday 10am – 5pm

Thursday – Sat – 10am – 9pm

Sunday 11am – 5pm

4.4  Trading outside hours

Late night trading to be discussed and implemented as per arcade activities and events

4.5  Breach of Trading hours

NA

5.    PREMISES AND MAINTENANCE

5.1   The premises shall be handed over “as is where is” to the Licensee.

5.2  The Licensee shall keep and maintain the premises in the same clean order and repair and condition as they were at the commencement of this License and will at the determination of the term, yield the premises up in the same order and condition making good any damage or breakages for which the Licensee is responsible at the Licensee’s own cost in all respects.

5.2.1     The Licensee agrees that the window decals will be installed in a workman like manner at the Licensee’s own cost.

5.2.2     Removal of the decal will result in the window and surrounding area being presented in the same order and condition as upon commencement including a professional window clean if required at the Licensee’s own cost.

5.3  The Licensee may utilise exterior space as highlighted in yellow on the attached floor plan

5.4  The licensee may, at their own cost, arrange temporary decal signage for the shop window and light box, with approval on designs from the Licensor. All signage to be removed at the Licensee’s cost at the end of the term.

5.5 Lost key will incur a replacement cost of up to $300.

6    ACCESS FOR LEASING PURPOSES

6.1  The Licensee acknowledges that the premises will continue to be offered to the market for a     long term lease during the term of this License.

6.2  The Licensor, its servants and agents shall at all reasonable times have continued access to the premises for the purposes of marketing the premises and conducting inspections with prospective long term Leases.

7    LICENSEE COVENANTS

7.1  The Licensee covenants that it will at all times keep the Licensor indemnified and held harmless against risks and liabilities of every kind including all costs, losses damages and expenses which may be suffered as a consequence of any default or action of the Licensee arising from the occupation of the premises including claims arising from or on account of injury to persons or property.

7.2  The Licensee further covenants that it will do nothing to make void or voidable any insurance policy in respect of the premises or any action that may render an increased premium payable.

7.3  The Licensee agrees to comply with the provisions of all statutes, ordinances and by-laws relating to the use of the premises by the Licensee and will comply with any notices and requisitions issued by any competent authority in respect of the use of the premises.

8    NO ASSIGNMENT

8.1  This License is not assignable. The Licensee may not assign or sub license the premises during the term of this License.

9    NO WARRANTY

9.1  The Licensor does not warrant the accuracy of any statement made by any servant or agent of the Licensor whether in relation to the premises or otherwise, nor does it warranty the suitability of the premises for any purpose and the License acknowledges that it enters into this License solely in reliance on its own judgement.

10  RELOCATION    

10.1        Should the Licensor intend to lease the premises to a long term occupier prior to the

 Commencement Date the Licensor shall have the right to relocate the Licensee within the property subject to:

       A. In the reasonable opinion of the Licensor the new premises being of comparable size and quality to the premises

       B. The licence over the new premises shall be on the same terms as conditions including but not limited to rent and term

       C. The licensor providing the Licensee with written notice of the relocation at least two weeks prior to the Commencement Date .

On receipt of the notice the premises shall be the new premises in accordance with the relocation notice.

10.2 Should the Licensor be unable to relocate the Licensee, the Licensor may cancel the License to Occupy with written notice to the Licensee at least two months prior to the Commencement Date. The Licensor is not liable to cover any costs that the Licensee may have occurred during this time with relation to the pop up store