Weekly Lease
This Lease Agreement (“Lease”) is made and entered into as of the date set out on the first day of the initial booking date, by and between the paying Tenant (herein so called) and Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business (“DTG”).
Tenant is leasing ONLY one the following space classification:
o Architect/Standing Desk OR o Private Desk
The Premises in which the space/office/desk is located at: 400 Portland Building 2, San Antonio, TX 78216
Type of Lease Structure: Full Service Lease. All utilities included, furnished.
The tenant agrees to pay Gross rent or hereby called “Rent” of the reflected amount in the Invoice
Tenant is leasing for the following term: One week Only or 6 (six) full days
Tenant shall pay to DTG its dues in the amount indicated directly above for the term stated above beginning at the time of booking and will be effective to begin the day booked on which Tenant will have access to the Portland location, and recurring on approximately the same day of each of the next consecutive weekly cycle. This lease agreement cancels itself on the seventh day after the initial booking day. Tenant can choose to renew weekly with AT LEAST a 24 hour notice and can renew unlimited times (unless the space has been leased), this contract will renew each time. Tenant hereby authorizes DTG to process payment for such weekly dues and for any other charges due from the Tenant to DTG by initiating credit card charges to Tenants credit card. The authorization provided in this Section shall remain in full force and effect for a minimum of 1 months after the initial booking date or after its latest renewal; this Lease Agreement cancellation is in accordance with the procedures set out in Section B, below. It shall be Tenants responsibility to ensure that the credit card information on file with DTG remains current, and is updated from time to time, when required.
Permitted Use: Business, Place of Business, Sales, Purchasing, Freelance, Realty, Legal, Consulting, Design and any common transactional business use as long as it is not vulgar, offensive to others, loud, profane, dirty or illegal. Business activities that requires full clothing, covered shoes and covered legs (men). Business activities that are legal, fair, law abiding, and ethical.
Tenant's Rebuilding Obligations: If the Premises are damaged by fire or other elements, Tenant will be responsible for repairing or rebuilding the following leasehold improvements: All partitions, walls, ceiling systems, wiring, light fixtures, floors, finishes, wall coverings, floor coverings, signs, doors, hardware, windows, window coverings, plumbing, heating, ventilating, and air-conditioning equipment, and other improvements originally installed in the Premises by Tenant. Tenant leasing for this week approves an immediate charge of minimum $1000.00 (one thousand US dollars ) at any date before the first month anniversary of this lease agreement ( as authorized in the above section) to cover any immediate accidents until a bill is provided by a contractor/ repairman/ insurance or other that will repair the damage caused accidentally, recklessly or voluntarily to the premises or the furniture and hardware inside the building. If the repair or replacement is less than this accidental fee above authorized The Landlord will reimburse the remainder to the tenant within 10 business days.
A. Definitions
A.1. "Common Areas" means all facilities and areas of the Building that are intended and designated by Landlord from time to time for the common, general, and nonexclusive use of all tenants of the Building, including parking lots, sitting areas, copy room areas, coffee room area and all indoor non-leased areas. Landlord has the exclusive control over and right to manage the Common Areas.
A.2. "Essential Services" means utility connections reasonably necessary for occupancy of the Premises for the Permitted Use.
A.3. "Injury" means (a) harm to or impairment or loss of property or its use, (b) harm to or death of a person, or (c) "personal and advertising injury" as defined in the form of liability insurance Tenant is required to maintain.
A.4. "Lienholder" means the holder of a deed of trust covering the Premises.
B. Tenant's Obligations
B.1. Tenant agrees to-
B.1.a. Lease the Premises for the entire Term beginning on the Commencement (booking) Date and ending on the Termination Date (as described above) AND pay Gross Rent. Tenant shall pay Landlord Gross Rent at the Landlord’s Notice Address, by automatic charges on a credit card or at such other designated by Landlord’s, WEEKLY, in advance, on the FIRST day of each 7TH DAY counted the date this agreement initiated and every WEEK thereafter during the Term, without notice or demand and without any setoff, abatement or counterclaim. Upon the execution of this Lease, Tenant shall pay Landlord the first installment of Rent which shall be applied to the first WEEK of Gross Rent due and payable after the Rent Commencement Date. All sums of money required to be paid under this Lease, and all other payments required to be made by Tenant hereunder, shall be considered Rent (and are sometimes collectively referred to herein as “Rent”) whether or not specifically designated as such.
Tenant Agrees to-
B.1.b. Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use.
B.1.c. Obey (i) all laws relating to Tenant's use, maintenance of the condition, and occupancy of the Premises and Tenant's use of any Common Areas in the Building; (ii) any requirements imposed by utility companies serving or insurance companies covering the Premises or Building; and (iii) any rules and regulations for the Building and Common Areas adopted by Landlord.
B.1.d. Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants.
B.1.e. Keep the new or existing sidewalks, service ways, and loading areas adjacent to the Premises clean and unobstructed, Keep the assigned parking spaces clean.
B.1.f. Vacate the Premises and return all keys to the Premises on the last day of their respective Term.
B.1.g. INDEMNIFY, DEFEND, AND HOLD LANDLORD AND LIENHOLDER, AND THEIR RESPECTIVE AGENTS, HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN ANY PORTION OF THE PREMISES. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (i) IS INDEPENDENT OF TENANT'S INSURANCE, (ii) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (iii) WILL SURVIVE THE END OF THE TERM, AND (iv) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD'S AGENTS BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD AND LIENHOLDER AND THEIR RESPECTIVE AGENTS.
B.2. Tenant agrees not to-
B.2.a. Use the Premises for any purpose other than the Permitted Use.
B.2.b. Create a nuisance.
B.2.c. Interfere with any other tenant's normal business operations or Landlord's management of the Premises.
B.2.d. Permit any waste, metal waste, or hazardous waste.
B.2.e. Use the Premises in any way that would increase insurance premiums or void insurance on the Premises.
B.2.f. Change Landlord's lock system.
B.2.g. Alter the Premises.
B.2.h. Allow a lien to be placed on the Premises.
B.2.i. Assign this lease or sublease any portion of the Premises without Landlord's written consent and approval, Landlord has the right to refuse subletting request with no restrictions.
B.2.j. Use the roof on the Premises.
B.2.k. Place any signs on the Premises without Landlord's written consent and written approval or if it does not match the building criteria and modern architecture.
Fluorescent, Neon, Plastic, Self-lit signs are prohibited.
B.2.L. Place any banners, pictures, images or promotional material on the front of the building including on the windows.
B.2.m. Permit any waste on the “Common Areas”.
B.2.n. Park any wrecked or non-functioning vehicle on the main lot for more than 24 hours.
B.2.o. Park on the non-designated areas.
C. Landlord's Obligations
C.1. Landlord agrees to-
C.1.a. Lease to Tenant the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.
C.1.b. Obey all laws relating to Landlord's operation of the Building.
C.1.c. Repair, replace, and maintain the (i) roof, (ii) foundation, (iii) Common Areas, and (d) structural soundness of the exterior walls, excluding windows, window glass, plate glass, and doors
C.1.d. INDEMNIFY, DEFEND, AND HOLD TENANT HARMLESS FROM ANY INJURY AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS, OCCURRING IN ANY PORTION OF THE COMMON AREAS. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (i) IS INDEPENDENT OF LANDLORD'S INSURANCE, (ii) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (iii) WILL SURVIVE THE END OF THE TERM, AND (iv) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF TENANT BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT.
D. General Provisions
Landlord and Tenant agree to the following:
D.1. Alterations. No physical additions or improvements to the Premises made by Tenant are approved, No signs shall be placed at ANY location, banners, promotional or any placard with business
D.2. Abatement. Tenant's covenant to pay Rent and Landlord's covenants are independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any reason.
D.3. Insurance. Tenant and Landlord will maintain the respective insurance coverages.
D.4. Release of Claims/Subrogation. LANDLORD AND TENANT RELEASE EACH OTHER AND LIENHOLDER, AND THEIR RESPECTIVE AGENTS, FROM ALL CLAIMS OR LIABILITIES FOR DAMAGE TO THE PREMISES OR BUILDING, DAMAGE TO OR LOSS OF PERSONAL PROPERTY WITHIN THE BUILDING, AND LOSS OF BUSINESS OR REVENUES THAT ARE COVERED BY THE RELEASING PARTY'S PROPERTY INSURANCE OR THAT WOULD HAVE BEEN COVERED BY THE REQUIRED INSURANCE IF THE PARTY FAILS TO MAINTAIN THE PROPERTY COVERAGES REQUIRED BY THIS LEASE. THE PARTY INCURRING THE DAMAGE OR LOSS WILL BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF-INSURED RETENTION UNDER ITS PROPERTY INSURANCE. LANDLORD AND TENANT WILL NOTIFY THE ISSUING PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORTH IN THIS PARAGRAPH AND WILL HAVE THE PROPERTY INSURANCE POLICIES ENDORSED, IF NECESSARY, TO PREVENT INVALIDATION OF COVERAGE. THIS RELEASE WILL NOT APPLY IF IT INVALIDATES THE PROPERTY INSURANCE COVERAGE OF THE RELEASING PARTY. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY OR ITS AGENTS BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTY OR ITS AGENTS.
D.5. Uniform Commercial Code. Tenant grants Landlord a security interest in Tenant's personal property now or subsequently located on the Premises. This lease is a security agreement under the Uniform Commercial Code. Landlord may file financing statements or continuation statements to perfect or continue the perfection of the security interest.
D.6. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this lease within thirty days after written notice and failing to provide Essential Services to Tenant within ten days after written notice.
D.7. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default are to sue for damages and, if Landlord does not provide an Essential Service for thirty days after default, terminate this lease.
D.8. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Rent, (b) abandoning the Premises or vacating a substantial portion of the Premises, and (c) failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth in (a) and (b).
D.9. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to (a) enter and take possession of the Premises and sue for Rent as it accrues; (b) enter and take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant and receive the Rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet; (c) enter the Premises and perform Tenant's obligations; and (d) terminate this lease by written notice and sue for damages. Landlord may enter and take possession of the Premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the Premises, until the default is cured, without being liable for damages. (e) charge the credit card on file for any rent due, past due or recurrent fee for the duration of a full year unless the tenant cancels its agreement.
D.10. Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by applicable law. Landlord and Tenant have a duty to mitigate damages.
D.11. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filing a suit for damages.
D.12. Attorney's Fees. If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and other fees and court and other costs.
D.13. Venue. Exclusive venue is in the county in which the Premises are located.
D.14. Entire Agreement. This lease, its exhibits, addenda, and riders are the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant. There are no representations, warranties, agreements, or promises pertaining to the Premises or the lease of the Premises by Landlord to Tenant, and Tenant is not relying on any statements or representations of any agent of Landlord, that are not in this lease and any exhibits, addenda, and riders.
D15. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE.
D.16. Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by email, regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Tenant shall provide written notice to DTG via e-mail or in writing to DTG Membership Department: info@deltaterragroup.com; and any such notice provided by Tenant shall be deemed to have been received by DTG 48 hours after the same shall have been sent and acknowledged by DTG in writing. DTG may provide written notice to Tenant at the e-mail address set out in Tenants signature block, below, or to such other e-mail address as Tenant may provide to DTG by e-mail to DTG’s Leasing Department at the e-mail address provided immediately above; and any such notice so provided by DTG shall be deemed to have been received by Tenant 48 hours after the same shall have been sent.
D.17. Use of Common Areas. Tenant will have the nonexclusive right to use the Common Areas subject to any reasonable rules and regulations that Landlord may prescribe.
All Common Areas Which Landlord elects or is obligated to provide and maintain are subject to the exclusive control and management of Landlord, and Landlord shall have the right from time to time to establish, modify and enforce rules and regulations with respect to al such facilities and areas. Landlord may, in its sole discretion, change the number, restripe, redesign, relocate, or modify the entrances and exits to and from the parking areas, and the parking spaces. Landlord may change from time to time the dimensions and location of the Common Areas and to construct additional buildings or additional stories on existing buildings or other improvements in the property. However, Landlord will not rearrange the Common Areas in a way which prohibits access to the Premises or removes substantially all the existing parking spaces in the proximity of the Premises. Tenant shall not conduct, solicit business or display merchandise within the Common Areas, or distribute handbills therein, or take any action which would interfere with the right of other persons to use the Common Areas. Landlord may temporarily close any part of the Common Areas for such periods of time as Landlords deems necessary, to prevent the public from obtaining prescriptive rights, or to make repairs and alterations.
D.19. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Term.
D.20. Subordination. Landlord subordinates its security interest and liens to purchase-money security interests in Tenant's personal property.
E.COMPLIANCE WITH LAWS AND RULES
A. Property Rules. Tenant shall comply with the Rules and regulations for the Property established by Landlord (the “Rules and Regulations”), a copy of which are attached as Exhibit B. The Rules and regulations maybe amended by Landlord in any reasonable manner from time to time and at any time, by notice to Tenant. Tenant failure to comply with the revised Rules and Regulations within two (2) business days after notice from Landlord shall constitute an Event of Default.
B. Applicable Laws. Tenant, at its expense shall comply with all laws, orders and regulations and with any related directive with respect to the Premises or Property or the use of occupancy thereof (“Applicable Laws’) including, without limitation, Fire/Life Safety Laws, environmental Laws (as defined herein). Tenant shall directly pay any fines or penalties resulting from Tenants non-compliance with Applicable Laws.
C. ADA/Architectural Barriers. Landlord shall maintain the Common Areas in compliance with Title III of the Americans with Disabilities Act of 1990, the Texas Architectural Barriers at and all regulations promulgated thereunder (the “Acts”). If alterations to the common Areas are required in order to comply with the Acts as a result of Tenant’s charges or Alterations within the Premises or Tenant’s use of the Premises, the cost thereof shall be paid by Tenant within twenty (20) days after demand by Landlord. Tenant shall maintain the Premises in compliance with the Acts at its cost and expense.
D. Environmental Law. “Environmental Law” shall mean any government Law statute, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect regulating in any way to the environment, health, safety or substances, materials or waste regulated by governmental authority including medical wastes (“Hazardous Materials”). The Tenant parties shall comply with environmental Laws in its use of the Premises and Project. The Tenant parties shall not use or store any Hazardous Materials in the Premises except for small quantities of chemicals typical to household or office use which are stored in accordance with environmental laws. Tenant shall provide Landlord with copies of all communications regarding to the Premises for any governmental agency relating to any Environmental Law or any person with respect to any claim or violation relating to any Environmental Law (each, and “Environmental Claim”). Tenants shall defend , indemnify and hold harmless the indemnities from and against obligations and losses, claims, suites, judgments, liabilities, penalties, damages, cost and expenses (including attorney’s , and consultant’s fees and expenses) of any kind or nature whatsoever that may be incurred by, or assorted against, the indemnities resulting from (a) the actual or alleged presence of Hazardous Materials on the Premises or in the Property which is caused and permitted by the Tenant parties (b) any Environmental Claim relating to the operation or use of the property by a Tenant party (c) the Tenants parties violation of the Rules and Regulations (d) the Tenant’s parties failure to comply with the Acts and ( e) the Tenant parties failure to comply with the applicable Laws. The provisions of this section shall survive the expiration date or sooner termination of this Lease.
F. MISCELLANEOUS.
G.1. Non-Waiver. Neither party’s failure to exercise its rights with respect to the breach of any term, Covenant or condition contained herein shall not be a waiver by such party of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition contained herein.
G.2. Non-Merger. The voluntary or other surrender of possession of the Premises by Tenant, o a mutual cancellation of this Lease, shall not result in a merger of landlord’s and tenant’s estates, and shall, at Landlord’s option, either terminate any exiting subleases or substances, or operate as an assignment to Landlord of any such subleases or substances.
G.3. Authorization. Each individual executing this Lease on behalf of Tenant represents and warrants that such individual is duly authorized to execute and deliver this Lease on behalf of the Tenant and that this Lease is binding upon Tenant in accordance with its terms. If this Lease is executed by more than one tenant, tenant’s obligations hereunder shall be the joint and several obligations of each tenant executing this Lease. Nothing contained herein shall create any relationship between the parties hereto other than that of Landlord and Tenant, and landlord shall not be deemed to be a partner or a joint venture of Tenant in the conduct of its business.
G.4. No Representations. Tenants acknowledge that it has not relied on any representation or agreement except those expressed herein, and that this Lease contains the entire agreement of the parties. Landlord’s duties and warranties are limited to those expressly stated in this Lease and shall not include any implied duties or any implied warranties (including, without limitation, any implied warranty of suitability of the premises or the property), whether now or in the future. Except as expressly contained herein, neither landlord nor landlord’s agents have made representations, warranties or promises with respect to the premises, the property or this Lease.
G.6. Modifications. No modification of this Lease shall be binding or valid unless in writing and executed and delivered by both parties and Tenant shall not record this Lease or a memorandum hereof without Landlord’s prior written consent.
G.7. Binding Effect. Except as otherwise specifically provided herein, the terms, covenants and conditions contained in this Lease shall bind and inure to the benefit of the representative heirs, successors, executors, administrators and assigns of each of the parties hereto.
G.8. Effective Date. The submission of this document for review does not constitute an option, offer or agreement to lease space. This document shall be effective only upon landlord’s and tenant’s execution and Landlord’s delivery of same to Tenant. Except expressly contained herein, neither Landlord nor Landlord’s agent have made representations, warranties or promises with respect to the Premises, the Property or this Lease.
G.9. Representation by Counsel. Landlord and Tenant each acknowledge that each has been represented by independent counsel and has executed this Lease after being fully advised by said counsel as to its effect and significance. Any rule of construction that this Lease should be construed against landlord is waived.
G.10. Remedies. Any remedy or election given pursuant to any provision in this Lease shall be cumulative with all other remedies at law or in equity unless otherwise specifically provided herein.
G.11. Applicable Law. This Lease shall be construed in accordance with the laws of the state of Texas.
G.13. Invalidity. If any Term or provision of this Lease shall, to any extent, be illegal, invalid, or unenforceable, the reminder of this Lease shall not be affected thereby, and all other terms and Provisions of this Lease shall be valid and enforceable to the fullest extent permitted by law.
G.14. Confidentiality. Tenant hereby agrees not to disclose the terms and provision of this Lease or any amendment of this Lease to anyone other than tenant’s attorneys, accountants, officers, and directors. These restrictions on disclosure shall survive the termination of the Lease.
G15. JURY TRIAL. Landlord and Tenant Hereby waive trial by Jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other or their successors in respect of any matter arising in connection with this Lease, the relationship of landlord and Tenant, Tenant’s use or occupancy of the Premises, and/or any claim for injury or damage, or any emergency or statutory remedy.
IN WITNESS WHEREOF, the payee tenant is accepting under full knowledge this Lease Agreement as of the day of THE INITIAL PAYMENT AND THEREFOR FULLY AGREEMES OF THIS TERMS
Exhibit A
Hold Harmless Commitment by Tenant
BY ACCEPTING THIS TERMS AND SUBSEQUENTLY PAYING THE INITIAL LEASE The tenant ACCEPTS UNEQUIVOCALLY TO HOLD HARMLESS the Landlord for any accidental instance of the daily use or misuse, failure, business methodology, personal missteps, walking, writing, seating or standing techniques, or operation of any business or non-business equipment, inside or outside the building premise, not limited to any business malpractices, injuries or any physical injury sustain inside the premises while leased, Including but not limited to contracting any aerial disease such as COVID-19 INFECTION.
The tenant is solely responsible for the routinely inspection of the leased office furniture for the duration of the lease, ANY issue with the business equipment, must be notified to the Landlord in order to inspect and repair as necessary, failure to do so, removes all liability on the landlord for any accident or malfunction.
Release Agreement, Indemnification Notice & Risk Assumption and Responsibility
This Release Agreement, Indemnification Notice & Risk Assumption and Responsibility (this “Release”) is made and entered into by and between the undersigned Primary Member (tenant) (herein so called) and Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business (hereby called) “DTG”. Primary Member acknowledges and agrees that DTG would not have executed the Membership Agreement with Primary Member, and Primary Member would not be allowed to become a DTG Member or use the DTG facilities, or any other portion of the DTG building or parking lot (collectively, the “DTG facilities”, unless Primary Member also executed this Release. This Release shall be effective as of the same date as that certain Membership or Lease Agreement entered into between Primary Member and DTG and shall remain in full force and effect for as long as Primary Member, its guest or dependents use any portion of the DTG Facilities.
Primary Member acknowledges and agrees that Primary Member has read this Release in its entirety, understood, and will abide by all of the DTG Rules and Regulations. Primary Member also acknowledges and agrees that DTG reserves the right to remove from the DTG Facilities, for any reason or no reason, any and all persons present on the DTG Facilities (including Primary Member and/or Primary Member’s spouse, dependents, and/or guests), in the sole discretion of DTG personnel.
Primary Member understands and agrees that DTG may record in video, including security videos, of Primary Member and Primary Member’s spouse, dependents, and/or guests while on the DTG Premises. Unless Primary Member objects prior to leaving the DTG Premises, Primary Member agrees that DTG may use such photos and videos for any lawful purpose, including for publicity, advertisement, and on social media. In any event, DTG shall be entitled to use all such photos and videos for security and law enforcement purposes, and in connection with any legal proceedings.
Primary Member agrees that Primary Member shall be responsible, and shall compensate DTG, for any and all property damage, bodily injury, and/or death on the DTG Premises caused by Primary Member and/or Primary Member’s spouse, dependents, and/or guests.
Accordingly, Primary Member hereby agrees to indemnify and hold harmless Abundant Business, DTG parent company (Delta Terra Group, LLC), and any successor or assignee of DTG (by way of asset purchase, merger, or otherwise), and their respective managers, directors, officers, members, owners, and employees (collectively, the “DTG Parties”) of and from all claims, causes of action, loss, damages, injuries, liability, costs, and expenses (including attorneys’ fees, expert witness fees, and all other litigation expenses) (collectively, “Losses”) if the same (i) are related to property damage, bodily injury, and/or death on the DTG Premises, and (ii) are caused in whole or in part by Primary Member and/or Primary Member’s spouse, dependents, and/or guests, even if caused in part by the fault, negligence, gross negligence, reckless disregard, or intentional misconduct of one or more of the DTG Parties; provided, however, this indemnification obligation of Primary Member shall not apply to the extent that the Losses shall have been caused solely by the gross negligence, reckless disregard, or intentional misconduct of any of the DTG Parties. Primary Member acknowledges and agrees that DTG makes no warranty, and hereby expressly disclaims all warranties, of merchantability of the goods and services provided by DTG on the DTG facilities –
Therefore, Primary Member agrees to RELEASE, and does hereby RELEASE, the DTG Parties for all property damage, personal property theft, bodily injury, COVID-19 INFECTION and death which may be sustained by Primary Member or guests while on the DTG facilities.
Accordingly, Primary Member hereby agrees to indemnify and hold harmless the DTG Parties of and from all Losses to the extent the same are related to property damage, bodily injury, COVID-19 INFECTION or death sustained by Primary Member and/or Primary Member’s spouse, dependents, and/or guests while on the DTG Premises, whether or not caused in whole or in part by the fault or negligence of one or more of the DTG Parties, and whether or not produced by a cause that was unknown or unanticipated; but not if caused solely by the gross negligence, reckless disregard, or intentional misconduct of any of the DTG Parties.
This Release shall be binding on, and shall inure to the benefit of, the parties hereto, and their respective heirs, personal representatives, successors, and permitted assigns. This Release may be assigned by DTG to any successor by merger or to any person or entity that purchases all, or substantially all, of the assets of DTG. This Release shall be governed by, and construed in accordance with, the laws of the State of Texas, and shall be fully performable and enforceable in San Antonio, Bexar County, Texas.
This Release may be executed in counterparts, each of which shall be binding on the signatory (or electronic acceptance of the terms) thereto, and both of which, when taken together, shall constitute one and the same document.
Primary Member acknowledges and agrees that Primary Member not only has been provided sufficient time to review and understand this Release, but also has had the opportunity to have this Release reviewed by legal counsel of Primary Member’s choice, and to receive the advice of such legal counsel, prior to executing this Release, if Primary Member desired to do so. If any part of this Release is deemed to be void and/or unenforceable, the remaining portions shall nevertheless remain in full force and effect.
In consideration of Primary Member executing by mode of paying and accepting this term, the Membership Agreement and this Release DTG hereby grants to Primary Member access to the DTG facilities.
Annex B (RULES AND REGULATIONS)
Abundant Business (“DTG”) located at 400 Portland Building B, San Antonio TX 78216 (“Facility”) maintains the rules and regulations defined herein for the safety and enjoyment of all its customers, members, guests, vendors, partners and visitors (collectively “Tenants”). DTG may, from time to time, in its sole discretion, update any or all of the rules set out herein.
General Rules and Regulations
DTG Tenants are expected to conduct themselves in a courteous and professional manner at all times while in the Facility. Individuals may be expelled from the Facility if (i) their behavior, language, or clothing is deemed inappropriate, (ii) their actions or conduct interfere with the enjoyment of the Facility by other Tenants, (iii) they bring into the Facility, or are found using within the Facility, illegal substances, or (iv) their treatment of DTG employees is hostile, threatening, or otherwise inappropriate.
DTG reserves the right to remove from the Facility, for any reason or no reason, any and all persons present on the Facilities, in the sole discretion of DTG personnel.
Business - Rules and Regulations
All people entering the facility must respect the race, business, sexual orientation or political affiliation of any of the present tenants and guests.
Copy Machines, Network/Wi-Fi , coffee facility, shipping materials, common Areas, sitting Areas, entertainment Areas are for the use of all members and they must be shared, cared for and not abused.
Conference Room – Per booking only usage, no member at any time is allowed to enter the conference area unless an assigned time and booking has been confirmed by DTG personnel. All people must check-in with the operations desk before and after conference room usage.
Parents and/or Legal Guardians and supervising adults shall be responsible for any and all injuries, death, and property damage caused in whole or in part by their child, ward, or supervisee. Children under the age of 18 must be accompanied by their parent, legal guardian, and/or adult supervisor at all times while on the premises of DTG.
Absolutely No food or tobacco is permitted in any area, other than liquids and the “snacks” provided at the facility.
Never use alcohol or drugs before or during your stay at the facility. No person under the influence of alcohol, drugs, or any other form of impairment is permitted in the facility.
DTG is not responsible for any damage to, or loss of personal equipment; DTG is not responsible for computer virus, sickness, common health virus, hacking, personal information stolen or any other act of theft committed by its tenants, members and/ or guests. Any member that steals in any form will be expelled and prosecuted accordingly.
Abundant Business is a place for Business Executives, we ask you to please do not play music on your speakers, do not speak loudly, do not scream and be respectful of the other Business Executives in the premises.
No pets, mascots of any kind allowed on the premises.
DTG employees must be treated fairly, respectfully and without being condescending, we are people, we are executives and we may escalate any complaint to management as long as it’s being made respectfully.
Sexual Harassment to the Personnel or to other Members is strictly prohibited and video surveillance will be available to the authorities upon request.
Tenants/Members located at Master Suites and Suites will have 1 (one) assigned parking spaces located at the main parking for use intraday. All other Tenants will have unassigned spaces at the main parking area, including a shared handicap parking space. Parking on the street is permissible.
Junk, drowned, wrecked, abandon or any non-working vehicles (per section 683.071 & 683.001 of Bexar Transportation Code) are strictly FORBIDDEN on display. Towing will be enforced at owners’ expense.
Management is not responsible or liable for any damages or break-ins on the property., offices or cars.
DO NOT leave trash on the Common Areas. PLEASE BE CLEAN AND COURTEOUS
No shipment Boxes may be sent to the Address unless approved by DTG management/ employees.
No Loitering, Fighting. Obscene language is not allowed. No scream, high voices, arguing or nuisance in Common Areas.
Social Distancing, Quarantine, Self Care, self temperature check prior entering, mask wearing and symptomatic awareness for COVID-19 INFECTION is required and responsibility of each user, by entering the premises you acknowledge you have followed the CDC.gov guidelines and WHO recommendation as well as enforcing constant sanitation.
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Memberships Lease
MONTHLY MEMBERSHIP AGREEMENT
This Monthly Membership Agreement (“Membership Agreement”) is made and entered into as of the date set out on the signature page, below, by and between the undersigned Primary Member (herein so called) and Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business (“DTG”).
Primary Member is purchasing the following Membership classification:
STANDARD
GOLD
PLATINUM
ONYX
1. Benefits of Membership.
Benefits described on Annex A, for the Membership classification indicated above, at DTG’s 400 Portland Building 2, San Antonio, TX 78216. Specific benefits may be revised from time to time by DTG, with notice to Primary Member and all other Members through email and or via DTG website, however, that the Member benefits package, as a whole, will remain substantially the same as indicated on Annex A, restrictions apply to members that want to share a space, in which membership benefits apply only to one member of that leased space.
2. Monthly Dues. $________________________________ Initial Due (Includes first (3) three months $________________________________
Primary Member shall pay to DTG monthly dues in the amount indicated directly above beginning on the following the day on which Primary Member has access to the Portland location, and recurring on approximately the same day of each of the next consecutive monthly billing cycle. If Primary Member does not cancel this Membership Agreement at the end of the first month by providing no less than ten days’ prior written notice of termination and otherwise following the procedures outlined in Section 8, below, then this Membership Agreement will automatically renew. Monthly dues shall not be increased prior to the first anniversary of this Agreement. Thereafter, such dues may be modified from time to time by DTG, at its discretion, with notice to Primary Member and all other Members through DTG’s Website and/or via email. Primary Member hereby authorizes DTG to process payment for such monthly dues and for any other charges due from Primary Member to DTG by initiating credit card charges to Primary Member’s credit card. The authorization provided in this Section shall remain in full force and effect for a minimum of three months; and shall continue thereafter unless and until Primary Member cancels this Membership Agreement in accordance with the procedures set out in Section 8, below. It shall be Primary Member’s responsibility to ensure that the credit card information on file with DTG remains current, and is updated from time to time, when required.
3. Guest. If Primary Member’s Monthly/Annual Membership includes an intraday “Guest pass”, then Primary Member’s “guest” is subject to full compliance with the DTG Rules and Regulations set out on Annex C hereto.
4. DTG Rules and Regulations. Primary Member agrees to abide by, and shall ensure that Primary Member’s dependents, and guests abide by, all of the DTG Rules and Regulations that are attached hereto as Annex C - as such Rules and Regulations may be modified from time to time by DTG, in its discretion, with notice to Primary Member and all other Members through DTG’s Website and/or via email. As reflected on Annex C, such DTG Rules and Regulations are comprised of both General Rules and Tenant Specific Rules. Any violation of the DTG Rules and Regulations by Primary Member or Primary Member’s spouse, dependents, and/or guests shall be grounds for immediate suspension of all or any portion of Primary Member’s membership privileges, at the discretion of the President and/or General Manager of DTG.
5. Guests Extended. Any person who accompanies the Primary Member to DTG’s 400 Portland premises, other than the Primary Member’s dependents under the age of 12, shall be classified as the Primary Member’s guest. Each Primary Member shall be granted the number of Guest Passes designated on Annex A, as a benefit of the Monthly Membership. Any guest visits above that number shall be charged at the then applicable “Daily pass” rate (published on DTG’s website) or on (Annex A) to the Primary Member’s credit card on file with DTG. The Primary Member shall be responsible for the behavior of all guests of the Primary Member while such guests use the DTG facilities, and for any damages or injuries caused by any such guest while on the DTG premises. As set out in the DTG Rules and Regulations, all dependents and guests under the age of 18 must be accompanied by an adult at all times while on the DTG premises.
6. Use of DTG Facilities by public. Primary Member acknowledges and agrees that the DTG Facilities, in general, will be by invitation/ members only.
7. Late Charges. As set out above, it is the Primary Member’s responsibility to ensure that the credit card information on file with DTG is current. In the event that any credit card charge is declined, Primary Member shall be responsible to pay a $50.00 administrative fee to DTG, in addition to the amount owing; DTG reserves the right to suspend Primary Member’s membership privileges until Primary Member’s account is brought current.
8. Primary Member’s Right to Cancel. Primary Member may cancel this Membership Agreement and Primary Member’s DTG Membership at any time after the first month of this Membership Agreement by providing DTG with no less than fifteen days’ prior written notice of cancellation in accordance with Section 9, below, and by paying any and all amounts then due and owing from Primary Member to DTG.
9. DTG’s Right to Terminate. DTG may terminate this Membership Agreement and Primary Member’s DTG Membership if (i) Primary Member fails to pay any amount owing to DTG and such failure continues for a period of 5 business days after DTG provides written notice of such failure to Primary Member; or (ii) if Primary Member (or Primary Member’s spouse, dependent, and/or guest) fails to abide by any of the DTG Rules and Regulations, and such failure continues for a period of 5 business days after DTG provides written notice of such failure to Primary Member. DTG may also terminate this Membership Agreement and Primary Member’s DTG Membership immediately if, in the reasonable discretion of the President and/or General Manager of DTG, the conduct of Primary Member or Primary Member’s spouse, dependent, and/or guest is or may be detrimental to the safety, well-being, good order, character, or reputation of DTG, its facilities, or anyone using the DTG facilities. Last, DTG shall have the right, at any time after the first monthly cycle of this Membership Agreement, to terminate this Membership Agreement and Primary Member’s DTG Membership if DTG discontinues its operation of the DTG facilities as a co-working Space. Primary Member acknowledges and agrees that Primary Member’s Membership Fee set out in Section 2, above, and any dues and other amounts paid to DTG are non-refundable, whether this Membership Agreement is terminated under Section 8, above, under this Section 9, or otherwise.
10. Notices. Primary Member shall provide written notice to DTG via e-mail or in writing to DTG Membership Department: info@deltaterragroup.com; and any such notice provided by Primary Member shall be deemed to have been received by DTG 48 hours after the same shall have been sent and acknowledged by DTG in writing. DTG may provide written notice to Primary Member at the e-mail address set out in Primary Member’s signature block, below, or to such other e-mail address as Primary Member may provide to DTG by e-mail to DTG’s Membership Department at the e-mail address provided immediately above; and any such notice so provided by DTG shall be deemed to have been received by Primary Member 48 hours after the same shall have been sent.
11. Binding Effect;( Assignment). This Membership Agreement shall be binding upon the parties hereto, and their respective heirs, personal representatives, successors, and permitted assigns. This Membership Agreement may be assigned by DTG to any affiliate of DTG, or any successor by merger, or to any person or entity that purchases all, or substantially all, of the assets of DTG. This Membership Agreement may not be sold, transferred, bequeathed, or otherwise assigned by Primary Member; provided, however, and notwithstanding the foregoing, this Membership Agreement may be bequeathed by Primary Member to Primary Member’s spouse or an adult descendant if such spouse or descendant executes all documentation then required of Members and satisfies all other than current requirements of Membership. Failing the same, the Primary Member’s Annual Membership shall terminate upon the death of the Primary Member.
12. Governing Law; Venue; Required Mediation. This Membership Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, and shall be fully performable and enforceable in San Antonio, Bexar County, Texas. Each of DTG and Primary Member agree to submit any dispute related to this Membership Agreement to mediation prior to filing a lawsuit; proof of mediation and amicable resolutions is provided, The prevailing party in any litigation proceedings shall be entitled to recover such party’s attorneys’ fees and other litigation related expenses from the other party.
13. Waiver. No waiver by DTG of any of its rights hereunder shall be deemed a continuing waiver of such right; and no failure on the part of DTG to exercise any of its rights hereunder, regardless of the time period, shall prevent or prejudice DTG from exercising any such right which might arise in the future. No waiver by DTG shall be binding or effective unless such waiver is in a written instrument executed by the General Manager or President of DTG.
14. Entire Agreement. This Membership Agreement, including the Release Agreement and other Annex’s hereto, and the information contained on DTG’s Website, contain the entire agreement of the parties pertaining to the rights, obligations, and privileges of the Member’s Monthly Membership in DTG; and may be modified or amended only through a written instrument executed by both parties or through postings by DTG on DTG’s Website and/or via email, as permitted herein. Primary Member expressly acknowledges and agrees that there have been no promises, warranties, or representations, express or implied, pertaining to Primary Member’s Monthly Membership which have been made by any representative of DTG which are not set out in this Membership Agreement or on DTG’s Website. Primary Member further expressly acknowledges and agrees that Primary Member may not rely on any oral representation which may have been made by any representative of DTG, including DTG’s President and/or General Manager, unless the same shall have been reduced to writing and included in this Membership Agreement or on DTG’s Website.
15. No Discrimination. As a minority owned, woman managed entity, it is the policy of DTG to accept applications for Membership from any individual, couple, or business entity that meets the then current qualifications for Membership, without regard to race, color, creed, gender, sexual orientation, religion, or national origin, nor shall any such matter ever be made a condition of Membership by DTG. Understanding the Memberships are limited by Certificates of Occupancy permits and are issued by Invitation only.
16. Counterparts; Electronic Signatures. This Membership Agreement may be executed in counterparts, each of which shall be binding on the signatory thereto, and both of which, when taken together, shall constitute one and the same document. Facsimile signatures, and scanned and e- mailed signatures, on this Membership Agreement shall be deemed to be original signatures, for all purposes.
17. Legal Representation. Primary Member acknowledges and agrees that Primary Member has had the opportunity to have this Membership Agreement reviewed by legal counsel of Primary Member’s choice, and to receive the advice of such legal counsel, prior to executing this Membership Agreement, if Primary Member desired to do so.
18. Confidentiality. All Members agrees to keep the terms and provisions of this Membership Agreement confidential - including, in particular, but not limited to, the amount of the monthly dues, and the monthly dues structure. For the avoidance of doubt, and in particular, Primary Member shall not disclose the amount, the amount of their individual monthly/monthly dues, or the monthly/monthly dues structure to any other Member or potential Member of DTG, or any other person whatsoever.
19. Annex’s. The following Annex’s Are an integral part of this Master Agreement:
Annex A – Member Benefits & Inclusions;
Annex B – Release Agreement, Indemnification Notice & Risk Assumption and responsibility
Annex C – DTG Rules and Regulations;
IN WITNESS WHEREOF, the undersigned have executed this Membership Agreement as of the ________day of __________________________, 20______.
PRIMARY MEMBER:
By: __________________________________ Signature
_____________________________________ Email Address
Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business By:
____________________________________ Signature
______________________________________Printed Name
______________________________________Position
Payment Authorization
Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business is hereby authorized to charge to the credit card identified below all amounts owing from Primary Member to DTG.
________________________________________________________ Name
________________________________________________________ Type of Credit Card
________________________________________________________ Credit Card Number
______________________________________________ Expiration Date and Security Code
Monthly MEMBER:
By: __________________________________ Signature
______________________________________ Printed Name
Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business By:
____________________________________ Signature
______________________________________Printed Name
______________________________________Position
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Monthly/Annual Tenant Lease
LEASE AGREEMENT – TENANTS
This Lease Agreement (“Lease”) is made and entered into as of the date set out on the signature page, below, by and between the undersigned Tenant (herein so called) and Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business (“DTG”).
Tenant is leasing ONLY the following space classification:
o Master Suite o Architect/Standing Desk o Executive Desk
ThePremisesinwhichthespace/office/deskislocatedat: 400PortlandBuilding2,SanAntonio,TX78216 Type of Lease Structure: Full Service Lease. All utilities included, furnished.
The tenant agrees to pay Gross rent or hereby called “Rent”of: $________________________ Tenant is leasing for the following term:
o Monthly o Quarterly o Semester
o Shared Desk
o Annual
Tenant shall pay to DTG monthly, dues in the amount indicated directly above for the term stated above beginning on the following day on which Tenant has access to the Portland location, and recurring on approximately the same day of each of the next consecutive monthly billing cycle. If the Tenant does not cancel this Lease Agreement at the end of the last month of his current lease term by providing no less than 10 days’ prior written notice of termination and otherwise following the procedures outlined in Section B, below, then this Tenant Agreement will automatically renew. Monthly, quarterly, semester or annual dues shall not be increased prior to the first anniversary of this Agreement. Thereafter, such dues may be modified from time to time by DTG, at its discretion, with notice to Tenant and all other Tenants through DTG’s Website and/or via email. Tenant hereby authorizes DTG to process payment for such monthly, quarterly, semester, annual dues and for any other charges due from the Tenant to DTG by initiating credit card charges to Tenants credit card. The authorization provided in this Section shall remain in full force and effect for a minimum of twelve months; and shall continue thereafter unless and until Tenant cancels this Lease Agreement in accordance with the procedures set out in Section B, below. It shall be Tenants responsibility to ensure that the credit card information on file with DTG remains current, and is updated from time to time, when required.
Permitted Use: Business, Place of Business, Sales, Purchasing, Freelance, Realty, Legal, Consulting, Design and any common transactional business use as long as it is not vulgar, offensive to others, loud, profane, dirty or illegal. Business activities that requires full clothing, covered shoes and covered legs (men). Business activities that are legal, fair, law abiding, and ethical.
Tenant's Rebuilding Obligations: If the Premises are damaged by fire or other elements, Tenant will be responsible for repairing or rebuilding the following leasehold improvements: All partitions, walls, ceiling systems, wiring, light fixtures, floors, finishes, wall coverings, floor coverings, signs, doors, hardware, windows, window coverings, plumbing, heating, ventilating, and air-conditioning equipment, and other improvements originally installed in the Premises by Tenant.
A. Definitions
A.1. "Common Areas" means all facilities and areas of the Building that are intended and designated by Landlord from time to time for the common, general, and nonexclusive use of all tenants of the Building, including parking lots, sitting areas, copy room areas, coffee room area and all indoor non-leased areas. Landlord has the exclusive control over and right to manage the Common Areas.
A.2. "Essential Services" means utility connections reasonably necessary for occupancy of the Premises for the Permitted Use.
A.3. "Injury" means (a) harm to or impairment or loss of property or its use, (b) harm to or death of a person, or (c) "personal and advertising injury" as defined in the form of liability insurance Tenant is required to
maintain.
A.4. "Lienholder" means the holder of a deed of trust covering the Premises. B. Tenant's Obligations
B.1. Tenant agrees to-
B.1.a. Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date AND pay Gross Rent. Tenant shall pay Landlord monthly installments of Gross Rent at the Landlord’s Notice Address, by automatic charges on a credit card or at such other designated by Landlord’s, monthly, in advance, on the FIRST day of each month counted the date this agreement initiated and every month thereafter during the Term, without notice or demand and without any setoff, abatement or counterclaim. Upon the execution of this Lease, Tenant shall pay Landlord the first installment of Rent which shall be applied to the first month of Gross Rent due and payable after the Rent Commencement Date. All sums of money required to be paid under this Lease, and all other payments required to be made by Tenant hereunder, shall be considered Rent (and are sometimes collectively referred to herein as “Rent”) whether or not specifically designated as such.
If the Rent Commencement Date does not occur of the first day of a calendar month or if the Term does not expire or terminate on the last day of a calendar month, Gross Rent and any Additional Rent payable hereunder shall begin on the date of the signing of this agreement or beginning on the following day on which Tenant has access to the Portland location, and recurring on approximately the same day of each of the next consecutive monthly billing cycle
Tenant Agrees to-
B.1.b. Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use.
B.1.c. Obey (i) all laws relating to Tenant's use, maintenance of the condition, and occupancy of the Premises and Tenant's use of any Common Areas in the Building; (ii) any requirements imposed by utility companies
serving or insurance companies covering the Premises or Building; and (iii) any rules and regulations for the Building and Common Areas adopted by Landlord.
B.1.d. Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants.
B.1.e. Keep the new or existing sidewalks, service ways, and loading areas adjacent to the Premises clean and unobstructed, Keep the assigned parking spaces clean.
B.1.f. Vacate the Premises and return all keys to the Premises on the last day of their respective Term.
B.1.g. INDEMNIFY, DEFEND, AND HOLD LANDLORD AND LIENHOLDER, AND THEIR RESPECTIVE AGENTS, HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY,
OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN ANY PORTION OF THE PREMISES. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (i) IS INDEPENDENT OF TENANT'S INSURANCE, (ii) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (iii) WILL SURVIVE THE END OF THE TERM, AND (iv) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD'S AGENTS BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD AND LIENHOLDER AND THEIR RESPECTIVE AGENTS.
Abundant Business, 400 Portland Building 2, San Antonio Tx 78216.
INITIALS: ____________
B.2. Tenant agrees not to-
B.2.a. Use the Premises for any purpose other than the Permitted Use.
B.2.b. Create a nuisance.
B.2.c. Interfere with any other tenant's normal business operations or Landlord's management of the Premises.
B.2.d. Permit any waste, metal waste, or hazardous waste.
B.2.e. Use the Premises in any way that would increase insurance premiums or void insurance on the Premises.
B.2.f. Change Landlord's lock system.
B.2.g. Alter the Premises.
B.2.h. Allow a lien to be placed on the Premises.
B.2.i. Assign this lease or sublease any portion of the Premises without Landlord's written consent and approval, Landlord has the right to refuse subletting request with no restrictions.
B.2.j. Use the roof on the Premises.
B.2.k. Place any signs on the Premises without Landlord's written consent and written approval or if it does not match the building criteria and modern architecture.
Fluorescent, Neon, Plastic, Self-lit signs are prohibited.
B.2.L. Place any banners, pictures, images or promotional material on the front of the building including on the windows. B.2.m. Permit any waste on the “Common Areas”.
B.2.n. Park any wrecked or non-functioning vehicle on the main lot for more than 24 hours.
B.2.o. Park on the non-designated areas.
C. Landlord's Obligations
C.1. Landlord agrees to-
C.1.a. Lease to Tenant the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.
C.1.b. Obey all laws relating to Landlord's operation of the Building.
C.1.c. Repair, replace, and maintain the (i) roof, (ii) foundation, (iii) Common Areas, and (d) structural soundness of the exterior walls, excluding windows, window glass, plate glass, and doors
C.1.d. INDEMNIFY, DEFEND, AND HOLD TENANT HARMLESS FROM ANY INJURY AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S
FEES AND OTHER FEES AND COURT AND OTHER COSTS, OCCURRING IN ANY PORTION OF THE COMMON AREAS. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (i) IS INDEPENDENT OF LANDLORD'S INSURANCE, (ii) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (iii) WILL SURVIVE THE END OF THE TERM, AND (iv) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF TENANT BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT.
D. General Provisions
Landlord and Tenant agree to the following:
D.1. Alterations. No physical additions or improvements to the Premises made by Tenant are approved, No signs shall be placed at ANY location, banners, promotional or any placard with business
D.2. Abatement. Tenant's covenant to pay Rent and Landlord's covenants are independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any reason.
D.3. Insurance. Tenant and Landlord will maintain the respective insurance coverages.
D.4. Release of Claims/Subrogation. LANDLORD AND TENANT RELEASE EACH OTHER AND LIENHOLDER, AND THEIR RESPECTIVE AGENTS, FROM ALL CLAIMS OR LIABILITIES FOR DAMAGE TO THE
PREMISES OR BUILDING, DAMAGE TO OR LOSS OF PERSONAL PROPERTY WITHIN THE BUILDING, AND LOSS OF BUSINESS OR REVENUES THAT ARE COVERED BY THE RELEASING PARTY'S PROPERTY INSURANCE OR THAT WOULD HAVE BEEN COVERED BY THE REQUIRED INSURANCE IF THE PARTY FAILS TO MAINTAIN THE PROPERTY COVERAGES REQUIRED BY THIS LEASE. THE PARTY INCURRING THE DAMAGE OR LOSS WILL BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF-INSURED RETENTION UNDER ITS PROPERTY INSURANCE. LANDLORD AND TENANT WILL NOTIFY THE ISSUING PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORTH IN THIS PARAGRAPH AND WILL HAVE THE PROPERTY INSURANCE POLICIES ENDORSED, IF NECESSARY, TO PREVENT INVALIDATION OF COVERAGE. THIS RELEASE WILL NOT APPLY IF IT INVALIDATES THE PROPERTY INSURANCE COVERAGE OF THE RELEASING PARTY. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY OR ITS AGENTS BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTY OR ITS AGENTS.
D.5. Uniform Commercial Code. Tenant grants Landlord a security interest in Tenant's personal property now or subsequently located on the Premises. This lease is a security agreement under the Uniform Commercial Code. Landlord may file financing statements or continuation statements to perfect or continue the perfection of the security interest.
written notice.
D.6. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this lease within thirty days after written notice and failing to provide Essential Services to Tenant within ten days after
D.7. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default are to sue for damages and, if Landlord does not provide an Essential Service for thirty days after default, terminate this lease.
D.8. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Rent, (b) abandoning the Premises or vacating a substantial portion of the Premises, and (c) failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth in (a) and (b).
D.9. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to (a) enter and take possession of the Premises and sue for Rent as it accrues; (b) enter and take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant and receive the Rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet; (c) enter the Premises and perform Tenant's obligations; and (d) terminate this lease by written notice and sue for damages. Landlord may enter and take possession of the Premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the Premises, until the default is cured, without being liable for damages. (e) charge the credit card on file for any rent due, past due or recurrent fee for the duration of a full year unless the tenant cancels its agreement.
D.10. Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by applicable law. Landlord and Tenant have a duty to mitigate damages.
D.11. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filing a suit for damages.
D.12. Attorney's Fees. If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and other fees and court and other costs.
D.13. Venue. Exclusive venue is in the county in which the Premises are located.
D.14. Entire Agreement. This lease, its exhibits, addenda, and riders are the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant. There are no representations, warranties,
agreements, or promises pertaining to the Premises or the lease of the Premises by Landlord to Tenant, and Tenant is not relying on any statements or representations of any agent of Landlord, that are not in this lease and any exhibits, addenda, and riders.
D15. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE.
D.16. Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by email, regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Tenant shall provide written notice to DTG via e-mail or in writing to DTG Membership Department: info@deltaterragroup.com; and any such notice provided by Tenant shall be deemed to have been received by DTG 48 hours after the same shall have been sent and acknowledged by DTG in writing. DTG may provide written notice to Tenant at the e-mail address set out in Tenants signature block, below, or to such other e-mail address as Tenant may provide to DTG by e-mail to DTG’s Leasing Department at the e-mail address provided immediately above; and any such notice so provided by DTG shall be deemed to have been received by Tenant 48 hours after the same shall have been sent.
D.17. Use of Common Areas. Tenant will have the nonexclusive right to use the Common Areas subject to any reasonable rules and regulations that Landlord may prescribe.
All Common Areas Which Landlord elects or is obligated to provide and maintain are subject to the exclusive control and management of Landlord, and Landlord shall have the right from time to time to establish, modify and enforce rules and regulations with respect to al such facilities and areas. Landlord may, in its sole discretion, change the number, restripe, redesign, relocate, or modify the entrances and exits to and from the parking areas, and the parking spaces. Landlord may change from time to time the dimensions and location of the Common Areas and to construct additional buildings or additional stories on existing buildings or other improvements in the property. However, Landlord will not rearrange the Common Areas in a way which prohibits access to the Premises or removes substantially all the existing parking spaces in the proximity of the Premises. Tenant shall not conduct, solicit business or display merchandise within the Common Areas, or distribute handbills therein, or take any action which would interfere with the right of other persons to use the Common Areas. Landlord may temporarily close any part of the Common Areas for such periods of time as Landlords deems necessary, to prevent the public from obtaining prescriptive rights, or to make repairs and alterations.
D.19. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Term.
D.20. Subordination. Landlord subordinates its security interest and liens to purchase-money security interests in Tenant's personal property.
E.COMPLIANCE WITH LAWS AND RULES
A. Property Rules. Tenant shall comply with the Rules and regulations for the Property established by Landlord (the “Rules and Regulations”), a copy of which are attached as Exhibit B. The Rules and regulations maybe amended by Landlord in any reasonable manner from time to time and at any time, by notice to Tenant. Tenant failure to comply with the revised Rules and Regulations within two (2) business days after notice from Landlord shall constitute an Event of Default. B. Applicable Laws. Tenant, at its expense shall comply with all laws, orders and regulations and with any related directive with respect to the Premises or Property or the use of occupancy thereof (“Applicable Laws’) including, without limitation, Fire/Life Safety Laws, environmental Laws (as defined herein). Tenant shall directly pay any fines or penalties resulting from Tenants non-compliance with Applicable Laws.
C. ADA/ArchitecturalBarriers.LandlordshallmaintaintheCommonAreasincompliancewithTitleIIIoftheAmericanswithDisabilitiesActof1990,theTexasArchitecturalBarriersat andallregulationspromulgatedthereunder(the “Acts”). If alterations to the common Areas are required in order to comply with the Acts as a result of Tenant’s charges or Alterations within the Premises or Tenant’s use of the Premises, the cost thereof shall be paid by Tenant within twenty (20) days after demand by Landlord. Tenant shall maintain the Premises in compliance with the Acts at its cost and expense.
D. Environmental Law. “Environmental Law” shall mean any government Law statute, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect regulating in any way to the environment, health, safety
Abundant Business, 400 Portland Building 2, San Antonio Tx 78216.
INITIALS: ____________
or substances, materials or waste regulated by governmental authority including medical wastes (“Hazardous Materials”). The Tenant parties shall comply with environmental Laws in its use of the Premises and Project. The Tenant parties shall not useorstoreanyHazardousMaterialsinthePremisesexceptforsmallquantitiesofchemicals typicaltohouseholdorofficeusewhicharestoredinaccordancewithenvironmentallaws.TenantshallprovideLandlordwithcopiesofallcommunications regarding to the Premises for any governmental agency relating to any Environmental Law or any person with respect to any claim or violation relating to any Environmental Law (each, and “Environmental Claim”). Tenants shall defend , indemnify and hold harmless the indemnities from and against obligations and losses, claims, suites, judgments, liabilities, penalties, damages, cost and expenses (including attorney’s , and consultant’s fees and expenses) of any kind or nature whatsoever that may be incurred by, or assorted against, the indemnities resulting from (a) the actual or alleged presence of Hazardous Materials on the Premises or in the Property which is caused and permitted by the Tenant parties (b) any Environmental Claim relating to the operation or use of the property by a Tenant party (c) the Tenants parties violation of the Rules and Regulations (d) the Tenant’s parties failure to comply with the Acts and ( e) the Tenant parties failure to comply with the applicable Laws. The provisions of this section shall survive the expiration date or sooner termination of this Lease.
F. MISCELLANEOUS.
G.1. Non-Waiver. Neither party’s failure to exercise its rights with respect to the breach of any term, Covenant or condition contained herein shall not be a waiver by such party of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition contained herein.
G.2. Non-Merger. The voluntary or other surrender of possession of the Premises by Tenant, o a mutual cancellation of this Lease, shall not result in a merger of landlord’s and tenant’s estates, and shall, at Landlord’s option, either terminate any exiting subleases or substances, or operate as an assignment to Landlord of any such subleases or substances.
G.3. Authorization. Each individual executing this Lease on behalf of Tenant represents and warrants that such individual is duly authorized to execute and deliver this Lease on behalf of the Tenant and that this Lease is binding upon Tenant in accordance with its terms. If this Lease is executed by more than one tenant, tenant’s obligations hereunder shall be the joint and several obligations of each tenant executing this Lease. Nothing contained herein shall create any relationship between the parties hereto other than that of Landlord and Tenant, and landlord shall not be deemed to be a partner or a joint venture of Tenant in the conduct of its business.
G.4. No Representations. Tenants acknowledge that it has not relied on any representation or agreement except those expressed herein, and that this Lease contains the entire agreement of the parties. Landlord’s duties and warranties are limited to those expressly stated in this Lease and shall not include any implied duties or any implied warranties (including, without limitation, any implied warranty of suitability of the premises or the property), whether now or in the future. Except as expressly contained herein, neither landlord nor landlord’s agents have made representations, warranties or promises with respect to the premises, the property or this Lease.
G.6. Modifications. No modification of this Lease shall be binding or valid unless in writing and executed and delivered by both parties and Tenant shall not record this Lease or a memorandum hereof without Landlord’s prior written consent.
G.7. Binding Effect. Except as otherwise specifically provided herein, the terms, covenants and conditions contained in this Lease shall bind and inure to the benefit of the representative heirs, successors, executors, administrators and assigns of each of the parties hereto.
G.8. Effective Date. The submission of this document for review does not constitute an option, offer or agreement to lease space. This document shall be effective only upon landlord’s and tenant’s execution and Landlord’s delivery of same to Tenant. Except expressly contained herein, neither Landlord nor Landlord’s agent have made representations, warranties or promises with respect to the Premises, the Property or this Lease.
G.9. Representation by Counsel. Landlord and Tenant each acknowledge that each has been represented by independent counsel and has executed this Lease after being fully advised by said counsel as to its effect and significance. Any rule of construction that this Lease should be construed against landlord is waived.
G.10. Remedies. Any remedy or election given pursuant to any provision in this Lease shall be cumulative with all other remedies at law or in equity unless otherwise specifically provided herein.
G.11. Applicable Law. This Lease shall be construed in accordance with the laws of the state of Texas.
G.13. Invalidity. If any Term or provision of this Lease shall, to any extent, be illegal, invalid, or unenforceable, the reminder of this Lease shall not be affected thereby, and all other terms and Provisions of this Lease shall be valid and enforceable to the fullest extent permitted by law.
G.14. Confidentiality. Tenant hereby agrees not to disclose the terms and provision of this Lease or any amendment of this Lease to anyone other than tenant’s attorneys, accountants, officers, and directors. These restrictions on disclosure shall survive the termination of the Lease.
G15. JURY TRIAL. Landlord and Tenant Hereby waive trial by Jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other or their successors in respect of any matter arising in connection with this Lease, the relationship of landlord and Tenant, Tenant’s use or occupancy of the Premises, and/or any claim for injury or damage, or any emergency or statutory remedy.
IN WITNESS WHEREOF, the undersigned have executed this Lease Agreement as of the ________day of __________________________, 20______.
Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business By: ____________________________________ Signature
______________________________________Printed Name ______________________________________Position
Exhibit A
Tenant:
By: __________________________________ Signature
______________________________________ Printed Name _____________________________ Company (if applicable)
Hold Harmless Commitment by Tenant
The tenant HOLDS HARMLESS the Landlord for any accidental instance of the daily use or misuse, failure, business methodology, personal missteps, walking, writing , seating or standing techniques, or operation of any business or non-business equipment, inside or outside the building premise, not limited to any business malpractices, injuries or any physical injury sustain inside the premises while leased.
The tenant is solely responsible for the routinely inspection of the leased office furniture for the duration of the lease, ANY issue with the business equipment, must be notified to the Landlord in order to inspect and repair as necessary, failure to do so, removes all liability on the landlord for any accident or malfunction.
Tenant:
By: __________________________________ Signature
______________________________________ Printed Name _____________________________ Company (if applicable)
Abundant Business, 400 Portland Building 2, San Antonio Tx 78216.
INITIALS: ____________
Payment Authorization
Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business is hereby authorized to charge to the credit card identified below all amounts owing from Tenant to DTG.
________________________________________________________ Name ________________________________________________________ Type of Credit Card ________________________________________________________ Credit Card Number ______________________________________________ Expiration Date and Security Code TENANT:
By: __________________________________ Signature ______________________________________ Printed Name __________________________ Company (if applicable)
Delta Terra Group, LLC, a Texas limited liability company, d/b/a Abundant Business By: ____________________________________ Signature
______________________________________Printed Name ______________________________________Position
Abundant Business, 400 Portland Building 2, San Antonio Tx 78216.
INITIALS: ____________
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