MASTER FACILITY USE AGREEMENT
BUSINESS ENERGY LLC (“us”, “we” or “our”) agrees to make available to the undersigned (“you”, “your” or “customer”) desk and/or office space (“licensed space”) within its premises located at 220 Lenox Avenue, Suite 101, Westfield, NJ 07090 (“premises”) as set forth in agreed upon rental agreements we may enter into with you from time to time. Your use of the licensed space and the premises is subject to the applicable rental agreement and the additional terms and conditions set forth herein. If there is any conflict between the terms of the applicable rental agreement and the terms hereof, the terms hereof shall govern and control.
1. Internet Access and Other Services. We offer free internet access with the use of the licensed space and premises. Our Wifi network is known as Business Energy – Guest. From time to time we may offer other services, including, without limitation, the use of conference rooms and electronic equipment. Without limiting the generality of the foregoing, you acknowledge that our premises and the services we may offer at our premises are subject to change from time to time. From time to time, we may also make modifications, deletions or additions to our terms and conditions. We are not responsible for any cybersecurity breaches that may occur during your time at our space or using our Wifi network.
2. Parking; Access to Premises; Security; Behavior. Parking is available in the back on a first come first serve basis while you are a paying customer and using the Business Energy office space for a minimum of 4 hours. If you are not, you cannot park in the lot provided in the back. Your guests may not park in the back without our prior approval and shall use available street parking. You may be required to present valid, government-issued photo identification in order to gain access to the premises. For security purposes, we may regularly record via video certain areas of the premises. If we deem it necessary, we may disclose information about you to satisfy applicable law, rule, regulation, legal process or government request, or to protect us, our customers or other individuals, or any of our or their property. It is your obligation to notify any of your authorized users or guests about this policy. We may establish rules for the premises from time to time governing the expected behavior in the premises, which you must comply with while using the premises. Such rules are incorporated into this agreement, and may be revised from time to time. We expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to us, our employees or agents, other customers, any guests or any other third parties or property of any of the foregoing. If at any time and in our sole discretion we believe that you or your guests are disruptive, damaging or dangerous to us, our employees or agents, other customers, any guests or any other third parties or property of any of the foregoing, we shall have the right to immediately terminate this agreement and any rental agreements prior to the end of the stated term thereof. Only the customer and their permitted guests (while customer is present) may use the facilities. The customer may only have guests during periods when they are renting walled offices or conference rooms, and not open work stations. Customers that are entities are required to provide a list of authorized officers and employees who may enter the premises to use the licensed space and use the premises (“authorized users”), and the number of authorized users at any time which may use the licensed space shall be limited to the maximum occupancy for such licensed space. Each authorized user must sign an acknowledgement that they agree to the terms and conditions of this Master Facility Use Agreement and individually enter into the agreements and waivers set forth herein prior to using the premises. The list of any authorized users shall be mutually agreed by us and you.
3. Mail and Deliveries; Personal Property. We have no obligation to accept any regular mail, bulk or oversized mail, packages or other deliveries. We are not responsible for any property you leave behind in the premises. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving. We will be entitled to dispose of any property remaining at the premises, and you waive any claims or demands regarding such property or our handling of such property. You will be responsible for paying any fees reasonably incurred by us regarding such removal. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to the premises and items therein caused by you or your guests or invitees.
4. Other Parties Sharing the Premises. We do not control and are not responsible for the actions of other uses of the premises or any other third parties. If a dispute arises between you or your guests, we shall have no responsibility or obligation to participate, mediate with or indemnify any party. We are not liable for actions of other individuals. We do not control and are not responsible for the actions of otherindividuals at our Premises. You should be aware that other customers may not be who they claim to be. We do not perform background checks on our customers nor do we guarantee that our customers’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our customers.
5. Waiver and Release of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Business Energy Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property or person and release the Business Energy Parties from any such matters.
6. Limitation of Liability; Disclaimers. To the extent permitted by law, the aggregate monetary liability of any of the Business Energy Parties to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under this agreement for the service from which the claim arose in the twelve (12) months prior to the claim arising. None of the Business Energy Parties will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. You acknowledge and agree that you may not commence any action or proceeding against any of the Business Energy Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual. The services provided hereunder or at the premises are provided “AS IS”. To the extent permitted by law, we disclaim all warranties and terms, express or implied, with respect thereto, including warranties, terms or representations as to the availability, operation, performance and/or use of our facilities, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade.
7. Indemnification. You agree to hold us harmless. You will indemnify and hold harmless the Business Energy Parties from and against any and all claims, liabilities, damages and expenses (“claims”) including reasonable attorneys’ fees, resulting from any breach of this agreement by you or your employees or guests, or your or their invitees or any of your or their actions or omissions, and we will have sole control over the defense of any such claims. You are responsible for the actions of and all damages caused by all persons that you or your guests invite to enter the premises.
8. Miscellaneous. You may not transfer, assign, pledge or encumber your interest in this agreement, or license or sublicense all or any part of its interest hereunder and/or in the premises, or allow any other person or entity to occupy or use all or any part of the premises without the prior written consent of us, which consent may be withheld in our sole and absolute discretion. Any transfer, license, assignment, encumbrance, or sublicense made in violation of this agreement shall be voidable at our election. All fees are non-refundable. This Agreement will be governed by, and construed and enforced in accordance with, the laws of the State of New Jersey without giving effect to any jurisdiction’s principles of conflicts of law.
This rental agreement and your use of the premises is subject to the additional terms set forth in the Master Facility Use Agreement entered into between the customer and Business Energy LLC.
Business Energy LLC is not responsible for any information or product that is brought to the facility that is lost, stolen, misplaced or other.