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Regulations and Covenants for Use of NSU Facilities
The User must execute the License Application for Use of NSU Facilities and shall comply with and abide by the following regulations and covenants:
1) ARRANGEMENTS. The User must make detailed arrangements with the Assistant Director- Office of Facilities Management at least thirty (30) days in advance of the “Event”.
2) TAXES. With respect to each payment required to be made by the User to NSU, the User shall pay to NSU any sales, use or excise tax imposed on or levied against such payment. If the User is tax exempt, a copy of the exemption certificate must be submitted with the signed License Application.
3) INSURANCE. The User shall be required to furnish commercial general liability insurance with limits no less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate. NSU shall be added to the User’s insurance policy as an additional insured during the term of this license agreement. If any employee of the User comes into NSU's facilities, the User shall maintain the applicable workers' compensation insurance under the laws of the State of Florida.
Evidence of coverage shall be submitted to the NSU Office of Facilities Management at least two (2) weeks prior to the requested date for use of the NSU facilities, and shall be in the form of a Certificate of Insurance issued by the insurance company. The insurance company must be acceptable to NSU.
The User shall provide to NSU thirty (30) days prior written notice of any cancellation of or reduction or other material change in coverage. The User will notify NSU in writing at least ten (10) days prior to the Event if any vendors or contractors will be in NSU's facilities in connection with the Event. Any vendors or contractors that will be on NSU's campus in connection with the Event must also provide proof of liability insurance and applicable workers' compensation insurance satisfactory to NSU.
4) INDEMNIFICATION. The User agrees to indemnify, defend, and hold NSU harmless from any claim, action, liability, loss, damage, cost or expense (including, without limitation, reasonable attorney’s fees) asserted against or incurred by NSU arising out of, resulting from or in any way connected with the negligence, acts or omissions of the User, its agents, employees, vendors, contractors or invitees. The User's obligations under this paragraph shall survive the expiration or termination of this license agreement.
5) SERVICES. NSU will not be required to provide to the User any publicity or informational services or general business services. NSU will not be required to provide to the User any security for the Event.
6) Staffing; Utilities; Equipment
(a) Event Staffing. NSU shall provide cleaning and maintenance personnel, in such numbers and during such times following consultation with User as to projected attendance, to efficiently operate and maintain the area during the Event.
(b) Utilities; Equipment. In connection with the Event, NSU shall provide electricity, lighting, air conditioning and sewage (collectively “Utilities”); and (ii) requested equipment owned by NSU which is then available for such use (collectively “Equipment”). Except for any Utilities and Equipment set forth above, User shall be responsible for providing all of the utilities and equipment necessary for the Event.
(c) Payment. The User agrees to pay NSU for any and all Event Staffing, Utilities and Equipment that is provided by NSU for the Event. User must submit payment no later than thirty (30) days after the receipt of an invoice from NSU for the above mentioned costs.
7) LIMITATION OF LIABILITY. In further consideration for NSU allowing the use of its facilities, the User agrees that NSU shall not be liable for damage to or loss of any property of the User or its agents, employees, vendors contractors or invitees from any cause whatsoever, including, but not limited to, the negligence of NSU, its agents, employees, contractors, or students. Furthermore, NSU shall not be liable for any induced, incidental, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue or loss of goodwill suffered by the User even if NSU is advised of the possibility of such damages.
8) FORCE MAJEURE. NSU shall have no liability whatsoever to the User because NSU is unable to fulfill, or is delayed in fulfilling, any of its obligations under this license agreement, by reason of war, labor troubles, scarcity of materials or supplies, flood, hurricane, fire, windstorm, acts of God, or any other cause, similar or dissimilar, beyond NSU's reasonable control.
9) ASSIGNMENT. The User shall not assign its interest in this license agreement or any of its rights or obligations hereunder.
10) USE OF FACILITY. NSU is allowing only the User to use its facilities. Consequently, the User shall not allow any other party to use such facilites.
11) ALTERATIONS. No alteration, addition or improvement of any kind is to be made by the User to any NSU facility or any other NSU property.
12) NO ALCOHOLIC BEVERAGES OR DRUGS. Neither alcoholic beverages nor any controlled substance may be brought onto the NSU campus.
13) NO SMOKING. NSU is a tobacco-free campus. Consequently, smoking is not permitted in any NSU facility or on any part of the NSU campus.
14) HAZARDOUS WASTES. The User shall neither cause nor permit any NSU facility to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process any hazardous or toxic waste, hazardous or toxic material, or hazardous or toxic substance as described in any federal, state, county, or municipal law, regulation, ordinance or code.
15) RADON. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit.
16) COMPLIANCE WITH LAWS AND NSU POLICIES. The User shall comply with all applicable laws, regulations, ordinances, and codes with respect to its use and occupancy of the NSU facility. The User shall comply with all applicable NSU policies, procedures, and regulations, and shall ensure that its agents, employees, contractors, and invitees so comply.
17) ENTIRE AGREEMENT AND MODIFICATION. This license agreement represents the entire understanding of the parties with respect to the matters covered herein, and supersedes all prior discussions, negotiations, representations, and agreements. This license agreement may only be altered, amended or modified by a written instrument duly executed by the parties.
18) LAW GOVERNING, JURISDICTION, AND VENUE. This license agreement shall be governed by and construed in accordance with the laws of the State of Florida. With respect to any action arising out of this license agreement, the parties accept the exclusive jurisdiction of the state courts in Florida and agree that venue shall lie exclusively in Broward County, Florida.
19) DISCRIMINATION. No group or organization may use any NSU facility if that group or organization discriminates on the basis of race, color, national origin, religion, ethnicity, disability or sex.
20) SIGNS. No signs shall be installed by the User without first obtaining NSU’s prior written consent.
21) INTERPRETATION. This license agreement will be construed as if drafted jointly by the parties, and consequently no presumption will arise favoring or disfavoring any party by virtue of the drafting of this license agreement.
22) HEADINGS. The headings of sections and paragraphs contained in this license agreement are for convenience or reference only, do not in any way modify, define, limit or expand the express provisions of this license agreement, and will not be referred to or used in connection with the construction or interpretation of this license agreement.
23) WAIVER. The failure of either party to exercise or the delay to delay in exercising any right, power, or privilege provided for hereunder shall not be deemed a waiver thereof; nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right, power, or privilege under this license agreement. No party shall be deemed to have waived a right, power, or privilege provided for herein, unless such waiver is in writing and signed by the waiving party.
24) SEVERABILITY. If any provision of this license agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, then all other provisions shall remain valid, legal and enforceable to the maximum extent permitted by law.
25) NOTICES. All notices required or permitted to be given under this license agreement shall be in writing and shall be deemed effective (i) upon personal delivery with a written receipt obtained, (ii) upon receipt, refusal of receipt or the date noted as uncollected when sent by certified or registered mail, postage prepaid and return receipt requested, (iii) upon the earlier of receipt or two (2) business days after deposit with a nationally recognized overnight delivery service (e.g., Federal Express), or (iv) when sent by email transmission with proof of successful transmission retained by the sending party and confirmation of receipt provided by the recipient to the sending party by return email, at the addresses stated below or at such other addresses as the parties may notify the other pursuant to the terms of this paragraph.
If to User:
The address stated on page 1 of the Application for a License to Use NSU Facilities
If to NSU:
Nova Southeastern University
Office of Facilities Management
3301 College Avenue
Fort Lauderdale, FL 33314
Attn: Director of Quality Assurance, Special Events and Facilities Leasing
26) CATERING. ChartWells is the exclusive provider of all catered food service events at NSU and can be reached at (954) 262-5302. The Office of Special Events & Projects is available to assist with the planning and arranging of catering needs.