Boundary Business Park Terms of Service

These General Terms and Conditions apply to the Meeting Rooms, Board Rooms and Training Room.
1.       This Agreement
1.1 Nature of this Agreement.  The Provider is leasing the premises located at 3010 Boundary Road, Burnaby, British Columbia, V5M 4A1, and described more particularly as PID 002-621-339, Lot 1 Block 29 Plan NWP1321 District Lot 69 Land District 1 Land District 36 1660-3708. (the “Property”).  The Provider wishes to offer the Room within the Property to real estate agents of Sutton Centre Realty and other professionals, any of whom may be a Sharer for office purposes, and the Sharer wishes to rent the Room within the Property from the Provider.  The parties agree that the Provider shall permit the use of the Room to the Sharer for the Time Period in exchange for the Sharer paying the Price to the Provider.
1.2 The Sharer accepts nothing in this Agreement creates the relationship of landlord and tenant between the Provider and Sharer, or confers on the Sharer any security of tenure or possession of any part of the Property.  This Agreement last for the Time Period.
1.3 When this Agreement ends the Sharer is to vacate the Room immediately, leaving the Room in the same condition as it was when the Sharer took it.  If the Sharer leaves any property in the Room the Provider may dispose of it at the Sharer’s cost in any way the Provider chooses without owing the Sharer any responsibility for it or any proceeds of sale.  If the Sharer continues to use the Room when this Agreement has ended, the Sharer is responsible for any loss, claim or liability the Provider incurs as a result of the Sharer’s failure to vacate on time.  The Provider may, at its discretion, permit the Sharer an extension subject to a surcharge on the Price.
2.       Providers Responsibilities
The provider Agrees to:
2.1 Permit the Sharer to use the Room until the end of the Time Period;
2.2 Provide the following furnishings;
i. 65″ TV Bluetooth enabled for presentations
ii. Seating for 20 people with 2 per large table and 1 per small table
iii. Seating for 32 people with 3 per large table and 2 per small table ( must pre – arrange)
iv. Seating for 50 as conference ( must pre – arrange)
v. White board
Of which is the property of the Provider, and shall remain on the Property at all times, and will be immediately returned to the Provider in the same condition at the end of the Time;
2.3
2.4 Offer parking space for the Sharer’s own vehicle on a first come first serve basis only.  The underground parking facility at the Property is available from 8:30 a.m. to 5:00 p.m Monday to Friday, with rear building and street parking available on weekends;
2.5 Provide cleaning and other janitorial services to the Property, but shall not be responsible for any loss or damage of any nature resulting from the interruption or failure of such services.
3.       Sharer’s Responsibilities
The Sharer agrees to:
3.1 Use the Room only for business purposes.  Use of the Room for “retail” or “medical” nature, involving frequent visits by members of the public, is not permitted. that were approved by the Provider and to conduct his or her business from the Room in a way that does not interfere with the Provider’s use or with any other occupiers’ use of the Property.  The Sharer must not carry on a business that competes with the Provider’s business of providing serviced office accommodation(s) or its ancillary services.
3.2 Use the Room and all furniture and equipment therein in a reasonable manner and to not cause any damage to such;
3.3 Keep the interior of the Room, and all doors, fixtures, interior walls, desks, and furniture therein, in good and substantial repair and in clean condition;
3.4 Exercise all reasonable care in the use of the halls, stairs, bathrooms, kitchen, closets, and other fixtures and parts of the Property used in common with other occupants of the Property;
3.5 Permit, at all reasonable times, the Provider or the Provider’s agents, employees, or contractors, to enter the Room and inspect the conditions thereof and make such repairs as necessary;
3.6 Help ensure the security of the Property by properly securing the premises before and after business hours and following instructions and guidelines given by the Provider or any authorized personnel in relation to the safety and security of the Property;
3.7 Comply with all current legislation applicable to the use and occupation of the Room;
3.8 Secure, at the expense of the Sharer, all licences, permits and authorization required by any competent governmental body, and to deliver to the Provider proof of having secured same, if required;
3.9 Vacate the Room at the end of the Time or upon the termination of this Agreement, whichever should occur first, by quietly and peaceably delivering possession of the Room in a good state and condition and in substantially the same condition in which the Room  was received by the Sharer;
3.10 Indemnify the Provider from and against all costs, losses, claims, and demands arising out of any breach by the Sharer of any terms of this Agreement;
3.11 That any act or omission on the part of any of the Sharer’s agents, class participants, members, invitees, or employees, if applicable, is deemed to be the act or omission of the Sharer;
3.12 The Sharer agrees not to:
i. Block or interfere with the Provider’s right of possession and control of the Property;
ii. Store explosives or flammable or toxic chemicals or materials on the Property;
iii. Use or allow any other person to use the Room or the Property as its registered office without the Provider’s prior express written consent;
iv. Bring any office furniture into the Room or install or connect to any utility or electronic communications service in the Room except as permitted by the Provider in writing at its sole discretion;
v. Carry out any structural work in or to the Room;
vi. Move any fire extinguishers, unless required in an emergency;
vii. Display anything on the windows or doorways of the Property, including any and all signage, without the Provider’s prior express written consent;
viii. Assign or transfer this Agreement or in any way part with or share possession of the Room;
ix. Register this Agreement or any notice or reference in respect of this Agreement against the title to the Property;
x. Cause any nuisance or inconvenience to any occupiers at the Property; and
xi. Interfere with the Provider’s business or in any way try to take away or make any offer of employment to any of the Provider’s employees or members of staff
4.       Provider’s Rights
  Notwithstanding anything contained in this Agreement, the Property shall be under the exclusive control and management of the Provider.  Without limitation, the Provider shall have the right, at any time and from time to time to:
4.1 Operate, manage and otherwise deal with the Property as determined by the Provider in its sole and absolute discretion;
4.2 Make additions to, or subtractions from, or to change, rearrange or relocate any part of the Property;
4.3 Grant, modify or terminate easements and other agreements pertaining to the use and maintenance of all or any part of the Property; and
4.4 Enter into the Room to undertake any work or alterations to the Property (including the Room), provided that any such work does not materially interfere with the ability of the Sharer to carry on its business in the Room.
5.       Miscellaneous
  The parties agree to the following terms regarding office usages and costs:
5.1 Meeting Rooms, Board Rooms or Training Room:  the Meeting Rooms, Board Rooms, and the Training Room on the Property shall be reserved online at the applicable rental rates.  At no time will the Sharer access or use the Meeting Rooms, Board Rooms or Training Room as personal office space or at any time without having made a confirmed reservation;
5.2 Damage assessment:  should damage to the Property be caused by the Sharer determined at the Provider’s sole discretion, the Sharer will indemnify the Provider for any losses; and
5.3 Lost property:  the Sharer will be responsible for the replacement cost of lost keys, fobs, access passes, and any other property received at any time by the Sharer from the Provider.
5.4 The Provider does not make any representations as to the security of the Provider’s network or internet or of any information that the Sharer places on it.  The Sharer should adopt whatever security measures it believes are appropriate to its circumstances.  The Provider cannot guarantee that a particular degree of availability will be attained in connection with the Sharer’s use of the Provider’s network (or the internet).  The Sharer’s sole and exclusive remedy shall be the remedy of such failure by the Provider within a reasonable time after written notice.
6.       Limitation and Release of Provider’s Liability
  The Sharer covenants and agrees that the Provider will not be liable for the following:
6.1 any bodily injury to or death of, or loss, or damage to any property belonging to, the Sharer or guests, clients, or any other person in, on, or about the Property at the Sharer’s invitation or permission;
6.2 for any interruption of any business carried on in the Property;
6.3 for any damage (other than insured damage) or for bodily injury or death of anyone resulting from fire, explosion, earthquake, flood, falling plaster, steam, gas, electricity, water, rain, ice, snow, dampness, or leaks from any part of the Property or from the pipes, appliances, electrical system, plumbing works, roof, subsurface, or other part or parts of the Property or from the streets, lanes, and other properties adjacent to the Property;
6.4 for any damage, injury, or death caused by anything  done or omitted  by the Sharer or any of the Provider’s assignee(s), employees, servants, or agents, or by any of the Provider’s other Sharer(s) or permitted person on the Property;
6.5 for the non-observance or the violation in whole or in part of any rules and regulations applicable to the Sharer in effect from time to time;
6.6 for the non-observance or the violation in whole or in part of any provision in a lease, license or agreement by another Sharer of Property;
6.7 for any act or omission (including theft, malfeasance, or negligence) on the part of any agent, contractor, or person from time to time employed by the Provider to perform janitorial services, security services, supervision, or any other work in or about the Property;
6.8 for loss or damage, however caused, to money, securities, negotiable instruments, papers, or other valuables of the Sharer or any of its assignee(s), employees, servants, or agents;
6.9 for the failure to supply interior temperature and climate control when prevented from doing so by strikes, the necessity of repairs, any order or regulation of any body having jurisdiction, the failure of the supply of any utility required for the operation thereof, or any other cause beyond the Provider’s reasonable control; and
6.10 for any bodily injury, death, or damage to property arising from the use of, or any happening in or about, any elevator.
The Sharer releases and discharges the Provider from any and all actions, causes of action, claims, damages, demands, expenses, and liabilities that the Sharer now or after the termination of this Agreement may have or incur arising from any matter for which the Provider is not liable under this Agreement, notwithstanding that negligence or other conduct of the Provider or anyone for whoseconduct the Provider is responsible may have caused or contributed to such matter.
7.       Indemnity
  The Sharer agrees to indemnify and save harmless the Provider in respect of all claims for bodily injury or death, property damage, or other loss or damage arising from the conduct of any work by or any act or omission of the Sharer or any assignee, subtenant, agent, employee, contractor, invitee, or licensee of the Sharer, and in respect of all costs, expenses, and liabilities incurred by the Provider in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining to them, and in respect of any loss, costs, expense, or damage suffered or incurred by the Provider arising from any breach by the Sharer of any of its covenants and obligations under this Lease. This indemnity will survive the expiry or termination of this Agreement.
8.       Provider’s Insurance
  The Provider warrants, covenants and agrees to take out, renew, and keep in force throughout this Agreement relevant insurance coverage in respect of the Property and its use by the Provider, including, but not limited to, such insurance to cover personal injury, death, property damage and loss.
9.       Sharer’s insurance
  It is the Sharer’s responsibility to arrange insurance for its own property which it brings in to the Property and for its own liability to its employees and to third parties.  The Provider strongly recommends that the Sharer put such insurance in place.
10.    Confidential and Proprietary Information
10.1 All information acquired by or disclosed to the Sharer by the Provider relating to the policies, practices, procedures, names or lists of customers, improvements,  the  business and developments of the Provider or in which the Provider is interested, will be held in the strictest confidence and will not be used for the Sharer’s personal benefit or for the benefit  of any third party during and after the term of this Agreement;
10.2 If the Sharer retains any employees or contractors of its own who will perform services hereunder, the Sharer shall ensure that such employees  or contractors  execute  an agreement no less protective of the Provider’s confidential information than the Agreement herein; and
10.3 Upon the termination of this Agreement, the Sharer will return to the Provider all keys, fobs, access passes, and any other property received at any time by the Sharer from the Provider.
11.    Waiver of Default
  The Provider at its sole discretion may waive any default of the Sharer hereunder, but no such waiver shall extend to or be taken in any manner whatsoever to affect any subsequent default or the rights resulting therefrom but rather shall apply only to the particular default waived.
12.    Survival
  The Sharer’s obligations of confidentiality, indemnity and other warranties and representations set forth in this Agreement will survive the termination of this Agreement.
13.    Notice
  Any notice by the Provider to the Sharer will be sufficiently served if given or made in writing and left at the Room.  Any notice by the Sharer to the Provider will be sufficiently served if given or made in writing and left at the Property.
14.    Governing Law
  This Agreement will be governed by and interpreted according to the laws of British Columbia.  All disputes arising under this Agreement will be subject to the exclusive jurisdiction of the courts of British Columbia.
15.    Time of the Essence
  Time is of the essence of this Agreement.
16.    Section Headings
  The section headings contained herein are for convenience only and shall not affect in any way the interpretation or construction of any of the provisions contained herein.