Fill and Sign the Software License Agreementosti Us Dept of Energy Office Form

Rooftop & Stadium Club License Agreement This License Agreement (Agreement ) is made between the undersigned, __________________________ (Client), of __________________________________ _______________________________ (street address, city, county, state, zip code), and _________________________________________ (Name of Baseball Club), a corporation organized and existing under the laws of the state of ________________, with its principal office located at ___________________________________________ _______________________________ (street address, city, county, state, zip code), referred to herein as Club , for the use of the Club’s rooftop facility located at ______________________________________________________________________ (street address, city, state, zip code). 1. License to Use. The Club hereby Licenses Client to use the Club Premises for a business or social entertainment function (the Event) as more fully described at the end of this Agreement . The License shall include the use of the Club’s Premises during the Chicago Cub’s home game scheduled for the date of the Event , and the Club’s providing food and beverage services to Client and its guests. Client’s use of the Club Premises shall not constitute a tenancy of any kind; this Agreement is a License, not a lease. Club may revoke the License granted hereunder at any time without cause. Club reserves the right to move Client to one of its affiliated rooftops at anytime. The License is personal to the Client and may not be assigned by Client in whole or in part. 2. Payment of Fee. The Client agrees to pay the Club any and all fees as set forth on the accompanying invoice for each person attending the Event (the Use Fee) as set forth below. Payment is due upon execution of this Agreement, and the Event is non-cancelable and the fee is non- refundable, except as specifically provided herein. In addition to the described fees, the Client agrees to pay all state and local taxes on all Use Fees, unless Client furnishes proof of exemption from such state and local taxes.3. Food and Beverages. The Club shall provide food or beverages to Client as per attached schedule. The Club may engage a caterer to serve food and beverages during the Event . No one shall sell alcoholic beverages of any kind on the Club ’s Premises. The Club may serve alcoholic beverages to persons of lawful drinking age to the extent allowed by law. The Client shall not furnish or serve alcoholic beverages to anyone during the Event . No outside food or drink is allowed in the Club Premises. 4. Purpose and Restrictions. Client may not use the Club for any purpose other than the Event. Client agrees to all restrictions and instructions described in the attached “Rules and Regulations Regarding the Use of Club Premises.” Client shall not use the Club Premises for any unlawful purpose or for any purpose inconsistent with the purposes of the Club. Client shall not use the Club Premises in any way which would constitute a nuisance, shall not damage or waste the Club Premises in any way, and shall not obligate the Club in any way to any third party. 5. Indemnifications and Release. Client and all of the Client’s guests, invitees, employees and agents shall assume all risks of use. Client shall indemnify, defend and hold harmless the Club from any claims, demands, expenses, attorney’s fees and liability arising out of Client’s use of the Club Premises. In addition, Client, for itself and for all of its employees, agents, guests and invitees, and for all persons who may come upon the Club Premises or adjoining areas and grounds during Client’s use of the Club Premises, hereby agrees that the Club shall not be liable in any way for any matter, cause, thing, action or omission with respect to the Club Premises or the adjoining areas and grounds or with respect to Client ’s use of the Club Premises, and Club is hereby released an discharged of any and all liability of any kind with respect thereto. Club and Client are not partners, in a joint venture, principals, and agents or otherwise related in any way.6. Miscellaneous. Paragraph headings are for convenience and are not a substantive part of this Agreement. This document contains all statements and Agreements made regarding the use of the Club by the Client . This Agreement may not be amended or modified except by a written Agreement signed by both Client and Club. Attached to and made a part of this Agreement are the “Rules and Regulations Regarding Use of Club Premises.” The Provisions of this Agreement shall control over any conflicting oral representations. The signatories below represent that he or she have full authority to make this Agreement and bind the parties hereto. 7. Cancellations, Rain-out/Reschedules, Rain Delay, and Refund Policy. A reservation for an Event is non-cancelable and all User Fees are non-refundable. In the Event of a rain delay, the Event shall continue. In the Event of a cancelled or rained-out game that Major League Baseball or the Chicago Cubs reschedule, the Client shall be entitled to an Event on that rescheduled game at no additional charge. Major League Baseball and/or the Chicago Cubs determine the rescheduled date, and Client shall be deemed to have accepted such rescheduled date. 8. Liquidated Damages. In the Event that Club cancels, without cause, the License granted under Paragraph 1 of this Agreement, Client and Club agree that the calculation of consequential damages would be speculative, and therefore, agree that the Client shall accept refund of all money paid pursuant to this Agreement to the Club , and an additional $25 per reservation as Client’s exclusive remedy against the Club pursuant to this Agreement. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated._____________________________(Name of Baseball Club) By: __________________________ ______________________________ (Printed or typed name) (Printed or typed name of Client) _____________________________ _____________________________ (Name and Office in Corporation)