Exhibit 10.7
Highland-March Executive Suites
License Agreement
This License Agreement is dated as of the 1st day of May, 2000 by and between L-
Square, Inc. d/b/a Highland-March Executive Suites ("Highland-March"), and
Enterprises Solutions, Inc., 00 Xxxxx Xxxx, Xxxxxx, XX 00000 ("Client").
Highland-March and Client agree that Highland-March will provide to
Client for and in consideration of the agreements and fee(s) set forth
herein, an exclusive License to use the Office(s) from time to time
designated by Highland-March and, in common with Highland-March's other
clients, the non-exclusive License to use Highland-March's Suites
facilities and services located at 000 Xxxx Xxxx, Xxxxx 000, Xxxxxxxxx,
Xxxxxxxxxxxxx 00000 (the "Highland-March Braintree Suites").
1. Basic Terms. This Section I contains the basic terms of this
Agreement and all provisions of this Agreement are to be read
in accord therewith:
A. Base Services: Offices, including a proportionate share
of the common area of Highland-March Suites. The Offices
include the reception and administrative area, conference
rooms and hallways, as shown on the attached floor plan,
complete with professional administrative staff,
telephone answering and such other inclusive services as
are defined in Schedule "A".
B. Additional Services: Access to additional business
services for purchase as needed by Client, including
secretarial, administrative, telecommunications support
and such other services as defined in Schedule "B."
C. Office [number(s)] 33 having a maximum occupancy capacity
of two persons (the "Office").
D. Commencement Date May 1, 2000
E. Initial Term 60 days (followed by month to month)
F. End of Initial Term June 30, 2000
G. Monthly Base Service Fee $1,680
H. Refundable Services Retainer 1,680
2. Office. The Client shall, as part of the Base Services, be provided
with the exclusive use of the Office and shall have access to the Office
twenty-four (24) hours a day, seven (7) days a week. Highland-March agrees to
provide office cleaning, maintenance services, electricity, heating and air
conditioning to the Office for normal office use in such reasonable quantities
and during such reasonable hours as shall be determined by Highland-March. In
addition, the client will have reasonable use of Highland-March common area
facilities. The Client shall use the Office and Auxiliary areas of the
Highland-March Suites solely for general Office use in the conduct of the
Client's business.
If, for any reason whatsoever, Highland-March is unable to provide Client
the exclusive right to use of the Office or a mutually agreed upon alternative
Office at the time herein agreed, Client may either extend the
Commencement Date until the Office becomes available or, as its sole remedy for
such failure, cancel and terminate this Agreement if the Office is not made
available for Client's exclusive use within five (5) business days after written
notice to Highland-March by Client, in which case any prior payments shall be
fully refunded and Highland-March shall thereafter have no further obligation to
the Client pursuant to this Agreement. No such failure to provide Client the
exclusive right to use of the Office shall subject Highland-Match to any
liability for loss or damage.
Highland-March will have the right, upon ten (10) days written notice,
to relocate the client to another office in the Highland-March Suites, and to
substitute such other office for the office contracted herein, provided such
other office is substantially similar in area and configuration to Client's
contracted office and provided the Client shall incur no increase in the Monthly
Base Services Fee or any relocation cost or expense.
3. Services. Highland-March agrees, in consideration of the Monthly Base
Services Fee, to provide Base Services to Client as described in Schedule "A."
From time to time during the Term, Highland-March may, at its option, make other
services available to Client of the nature described in Schedule "B," at fees
that are from time to time established by Highland-March. Highland-March shall
be under no obligation to provide Schedule "B" services if the monthly cost
thereof exceeds the Refundable Service Retainer. In the event Client is in
default of the Agreement, Highland-March may, at its option, cease furnishing
any and all services including telephone services.
Client will not offer to any party in the Highland-March Suites or
the building, any of the services which Highland-March provides to its Clients
including, but not limited to, services described in Schedules "A" or "B".
Furthermore, Client agrees that Client will not offer or use the premises to
provide any such services to any other party even though such party may not be
in the Highland-March Suites or the building. Also, Client will not make nor
permit any use of the premises which is forbidden by law or regulation, or may
be hazardous or unsafe, or may invalidate or increase the premium of any policy
of insurance carried on the Highland-March Suites or may tend to impair the
character, reputation, appearance or operation of the Highland-March Suites.
Highland-March will answer all incoming phone calls, unless otherwise
mutually agreed, during normal business hours, 8:30 a.m. to 5:30 p.m., Monday
through Friday, except holidays. Answering service will be limited to normal
business communications, excluding inbound telemarketing and advertising
response which requires pre-approval by Highland-March and shall be subject to
fees established from time to time by Highland-March.
Client will use only telecommunications systems and services as
provided by Highland-March. Client will pay to Highland-March a monthly fee for
each voice mailbox.
Client acknowledges that due to the imperfect nature of verbal, written
and electronic communications, Highland-March shall not be responsible for
damages, direct, indirect or consequential, which may result from the failure of
Highland-March to furnish any service, including but not limited to the service
of conveying messages, communications and other utilities or services required
under this Agreement or agreed to by Highland-March. Client's sole remedy and
High-March's sole obligation for any failure to render any service, any error or
omission, or any delay or interruption with respect thereto, is limited to an
adjustment to the Client's billing in an amount equal to the charge for such
service for the period during which the failure, delay or interruption
continues.
THE CLIENT EXPRESSLY AGREES TO WAIVE, AND AGREES NOT TO MAKE ANY
CLAIM FOR DAMAGES, DIRECT OR CONSEQUENTUAL, ARISING OUT OF ANY FAILURE TO
FURNISH ANY UTILITY, SERVICE OR FACILITY, ANY ERROR OR OMISSION WITH RESPECT
THERETO, OR ANY DELAY OR INTERRUPTION OF THE SAME UNLESS CAUSED BY THE GROSS
NEGLIGENCE OR A WILLFUL OR WANTON ACT OF HIGHLAND-MARCH OR ITS OFFICERS, AGENTS
OR EMPLOYEES
4. Duration of Agreement.
(A) Upon the End of Initial Term, or any extension thereof,
the term of this Agreement and the License herein granted shall be automatically
extended for the same period of time as the initial Term, upon the same terms
and conditions as contained herein, unless either party gives notice to the
other in writing to the contrary at least sixty (60) days prior to the End of
Initial Term (90 days if client has three or more offices).
(B) Upon termination of this Agreement, whether by lapse of
time or otherwise, or upon any revocation of the client's License herein
granted, Client shall thereafter have no further right to use the premises in
any manner whatsoever and all rights to services hereunder shall end
immediately; and Client shall thereafter make no further use of the Office or
the Highland-March Suites pursuant to this License other than for the purpose of
forthwith removing any personal property located within the Highland-March
Suites and belonging to Client. For each and every month or portion thereof that
Client makes any use of the Office or the Highland-March Suites or any of the
services provided by Highland-March after the termination of this Agreement by
lapse of time or otherwise, without the express written consent of
Highland-March, Client shall pay Highland-March as liquidated damages, an amount
equal to double the Monthly Base Fee computed on a per-month basis for each
month or portion thereof. For purposes of this Agreement, failure on the part of
Client to remove personal property from the Highland-March Suites shall be
deemed to be a use of the Highland-March Suites.
5. Payments and Escalations. Client agrees to pay to Highland-March
the Monthly Base Fee plus applicable sales or use taxes, in advance, on the
first day of each calendar month during the initial term and all extensions
thereof, without any deduction, offset, notice or demand. Charges for any
"Schedule 33" service purchased by Client are due on the thirtieth (30th) day of
the month following the month of service. Invoices for service charges are
issued by the seventh (7th) day following the month of service. If the term
shall not commence on the first day of a month, fees for any such month shall be
prorated.
One year after the commencement date of this Agreement and each
and every anniversary date thereafter, the Monthly Base Fee will be
automatically increased by TBD percent (_____%) of the Monthly Base fee due for
the month preceding said anniversary date.
All Monthly Base Fees and other sums payable hereunder shall be
payable at the office of Highland-March or to such other location or to any
agent designated in writing by Highland-March. Client shall, in addition to any
other sums due, pay a late charge equal to five percent (5%) of the total
outstanding balance that is due and has not been paid to Highland-March within
five (5) calendar days of the date such amount is due. The parties agree that
such late charges are fair and reasonable and are in addition to
Highland-March's other remedies under this Agreement and applicable law and
equity.
Upon the execution of this Agreement, Client shall pay Highland-
March or its agent the Refundable Services Retainer. The Refundable Services
Retainer need not be kept separate and apart, no interest shall be paid thereon
and may be used by Highland-March to provide Schedule "A" and "B" services under
this Agreement. In addition to the Refundable Services Retainer, Client will,
upon execution hereof pay to Highland-March the monthly Base Fee for the first
full month of the Initial Term.
Client agrees that the Refundable Services Retainer shall not be
used by Client as payment for the Monthly Base Fee for the last month of the
term. In the event (Client defaults in the performance of any of the terms
hereof, Highland-March may terminate this Agreement and the License herein
granted and may also use, apply or retain the whole, or any part of the
Refundable Service Retainer for the payment of any service fee or any other
payment due hereunder, or for payment of any other sum which Highland-March may
spend by reason of Client default. If Client shall, at the end of the term of
this Agreement, have fully and faithfully complied with all of the terms and
provisions of this Agreement, and surrendered all keys, access cards and
building passes, the Refundable Services Retainer, or any balance thereof, shall
be returned to Client within forty-five (45) days thereafter.
6. Damages and Insurance. Client will not damage or deface the
furnishings, walls, floors or ceilings, nor make holes for the hanging of
pictures or make or suffer to be made any waste, obstruction or unlawful,
improper or offensive use of Office or the common area facilities. Client will
not cause damage to any part of the Building or the property of Highland-March
or disturb the quiet enjoyment of any other Licensee or occupant of the
building. At the termination of this Agreement, Client will return the Office in
as good condition as when client commenced exclusive use, normal wear and tear
excepted. Highland-March will have the right, from time to time, to enter the
Office to inspect the same, to make such repairs and alterations as
Highland-March reasonably deems necessary, and the cost of any such repair
resulting from the act or omission of Client shall be reimbursed to
Highland-March by Client upon demand. Within sixty (60) days prior to
termination of this Agreement, Highland-March shall have the right to show the
Office to prospective Clients, provided Highland-March will use reasonable
efforts not to disrupt Client's business.
Highland-March and its respective directors, licensors, officers,
agents, servants, employees and owners shall not, to the extent permitted by
law, be liable for, and Client waives all right of recovery against such
entities and individuals for any damage or claim with respect to any injury to
person or damage to, or loss or destruction on any property of Client, its
employees, authorized persons and invitees due to any act, omission or
occurrence in or about the Highland-March Suites or the building, unless such
injury, damage, loss or destruction of property, or other injury, is the
proximate result of the gross negligence or- willful or wanton misconduct of
Highland-March, its officers, agents and employees. Without limitation of any
other provision hereof, Client agrees to indemnify, defend, protect and save
Highland-March and its respective directors, licensors, officers, agents,
servants, employees and owners harmless from and against all liability to third
parties arising out of Client's use and occupancy of the Office or actions or
emissions of Client and its agents, employees, contractors, and invitees. Client
further agrees that all personal property of Client, its agents, employees,
contractors, and invitees, within or about the Highland-March Suites shall be at
the sole risk of the Client. Client acknowledges that it is the Client's
responsibility to maintain insurance to cover the risks set forth in this
paragraph. Client must have its employees working in the Office covered by
Worker's Compensation Insurance, as required by Massachusetts law.
Highland-March and Client each hereby waive any and all rights of
recovery against the other, or against the officers, employees, agents or
representatives of the other, for loss of or damage to its property or the
property of others under its control, to the extent such loss or damage is
covered by any insurance policy.
If Highland-March Suites is made unusable, in whole or in part due
to condemnation by any public authority, fire or other casualty not due to
negligence of Client, Highland-March may, at its option, terminate the Agreement
upon notice to Client, effective upon such casualty or condemnation, or may
elect to repair, restore or rehabilitate, or cause to be repaired, restored or
rehabilitated, the Highland-March Suites, without expense to Client, within
ninety (90) days or within such longer period of time as may be required because
of events beyond Highland-March's control. Highland-March reserves and Client
grants to Highland-March, all rights which Highland-March may have for damages
or injury to the Highland-March Suites for any taking by condemnation, except
for damage to Client's personal property or Client's moving expenses. The
Monthly Base Fee shall be abated on a per diem basis for the portions of the
Office that are unusable.
7. Default. The Client shall be deemed to be in default under
this Agreement: (a) if Client defaults in the payment of the Monthly Base Fee or
other sums due hereunder and such default continues for more than five (5)
business days from the due date of such payment; (b) if the Client shall be
declared bankrupt or insolvent according to the law or makes an assignment for
the benefit of creditors, or (c) if the Client defaults in the prompt and full
performance of any other provision of this Agreement and any such default
continues in excess of five (5) business days after written notice by
Highland-March.
Should the Client be in default hereunder, Highland-March
shall have the option to pursue any one or more of the following remedies
without any additional notice or demand whatsoever and without limitation to
Highland-March in the exercise of any remedy:
(A) Highland-March may, if Highland-March so elects, without
any additional notice of such election or demand to Client, either forthwith
terminate this Agreement and the License to use any portion of the
Highland-March Suites, and may license the use of the Office to any other party
and the provisions of Section 4(b) relating to termination of the License shall
apply. In addition Highland-March may take and hold possession of any of
Client's personal property located in the Highland-March Suites, without
releasing the Client, in whole or in part, from the Client's obligation
hereunder. Additionally, Highland-March shall have the power to terminate
Client's services immediately upon default and Highland-March may, at its
option, declare the entire amount of the Monthly Base Fee which would become due
and payable during the remainder of the term to be due and payable immediately,
in which event, Client agrees to pay the same at once.
(B) Pursue any other remedy now or hereafter available to
Highland-March. Highland-March's exercise of any right or remedy shall not
prevent it from exercising any other right or remedy.
Client shall indemnify Highland-March for all costs,
attorney's fees and other expenses which Highland-March may incur by reason of
any default or to recover damage by reason of such default.
8. Restriction of Hiring. Client, including its principals and
any affiliated companies, agrees that during the term of this Agreement and
within one (1) year of the termination of this Agreement, neither client nor any
of its employees will hire, directly or as an independent contractor, any person
who is employed by Highland-March Suites located in Massachusetts until such
time as such person has been separated from service with Highland-March for a
period of time in excess of six (6) months. In the event that Client shall
breach any obligation of Client contained in this paragraph, Client shall be
liable to Highland-March for, and shall pay to Highland-March, on demand,
liquidated damages in the sum of $10,000.00 for each employee with respect to
whom such breach shall occur. It being mutually agreed that the actual damage
which would be sustained by Highland-March as the result of any such breach
would be, from the nature of the case, extremely difficult to fix and that the
aforesaid liquidated damage amount is fair and reasonable.
9. Miscellaneous.
A. This is the only Agreement between the parties. No other
agreements are effective. If any provisions of this Agreement shall be held
invalid, the remainder of the terms of this Agreement shall not be affected. All
amendments to this Agreement shall be in writing and signed by all parties. Any
other attempted amendment shall be void.
B. All waivers must be in writing and signed by the waiving
party. Highland-March's failure to enforce any provision of this Agreement or
its acceptance of fees shall not be a waiver and shall not prevent
Highland-March from enforcing any provision of this Agreement in the future. No
receipt of money by Highland-March shall be deemed to waive any default of
Client or to extend, reinstate or continue the term hereof.
C. All Schedules and Addenda attached hereto are hereby
incorporated herein.
D. All parties signing this Agreement as a partnership or
co-signing individuals shall be jointly and severally liable for all
obligations of the Client.
E. Client represents and warrants to Highland-March that there
are no agents, brokers, finders or other parties except with whom Client has
dealt who are or may be entitled to any commission or fee with respect to this
Agreement. Client agrees to hold Highland-March harmless from all loss or
damage, including attorney's fees, arising from any claim by any broker claiming
to have dealt with the Agreement.
F. Neither Client nor anyone claiming by, through or under
Client shall assign this Agreement or permit the use of any portion of the
Highland-March Suites by any person other than the Client.
G. The Rules and Regulations of the building and of Highland
March as defined on Schedule "C" hereto are expressly made a part of this
Agreement and Client expressly covenants and agrees to abide by all of said
Rules and Regulations, as well as such reasonable modifications as may be
hereafter adopted by Highland-March. In the event that Client, or any staff
member, guest or invitee of Client fails to comply with said Rules and
Regulations, Highland-March shall have the right, in addition to all rights and
remedies enumerated in this Agreement, to terminate client's License and/or
refuse to (a) continue service at the expiration of Client's term and/or (b) to
extend Client's term.
H. Highland-March's failure to render payments due to Client
under this agreement, including but not limited to any refunds of the Refundable
Services Retainer, within any time periods required in this Agreement shall be
deemed to be inadvertence or error on the part of Highland-March and such delay
shall not render Highland-March liable for any additional monies whatsoever.
I. Client specifically waives all rights to a jury trial for
any actions brought by Client for matters arising out of this Agreement. Client
also agrees that jurisdiction for such matters shall be limited exclusively to
the Commonwealth of Massachusetts and within the county, city, town and/or
region in which the Highland-March Suites described in Section I (C) of this
Agreement is located.
J. This Agreement shall be construed and governed in
accordance with the laws of the Commonwealth of Massachusetts.
K. All notices hereunder shall be in writing. Notices to
Client shall be deemed to be duly given if delivered to the office or mailed by
registered or certified mail, postage prepaid, addressed to Client at:
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L. THIS AGREEMENT IS NOT INTENDED TO CREATE ANY INTEREST
IN REAL PROPERTY IN FAVOR OF THE CLIENT, BUT MERELY CREATES A REVOCABLE LICENSE
IN ACCORDANCE WITH THE TERMS HEREOF. This Agreement grants the Client a License
to use the Highland-March Suites and the Office for the specific purpose herein
set forth without diminution of the legal possession or control thereof by
Highland-March and shall be revocable at the option of Highland-March upon the
destruction of the Highland-March Suites or the breach by the Client of any term
or condition herein set forth. This Agreement is subject and subordinate to any
underlying Lease or Contract of the premises as it may be amended from time to
time (said underlying Lease or Contract together with any amendments,
hereinafter referred to as the Master Lease). This Agreement shall terminate
simultaneously with the termination of the Highland-March Suites operation for
any reason. The Client is not a party to nor shall have any rights under the
Master Lease.
M. The Client acknowledges that Highland-March Suites will
comply with U. S. Postal Service regulations regarding client mail and, upon
termination of this Agreement it will be the Client's responsibility to notify
all parties of termination of the use of the above described address, assigned
telephone number, telex and facsimile numbers. For thirty (30) days after the
termination of the Agreement has taken affect, Highland-March will, at the
Client's written request and cost, provide the Client's new telephone number and
address to all incoming callers and will hold or forward once a week all mail,
packages, facsimiles and telexes.
N. Highland-March may assign this Agreement and/or any fees
hereunder and the Client hereby consents to any such assignee. In the event the
property is transferred to another party, the prior owner shall be released from
all liability from performance or observance of the terms of this Agreement
applicable to Highland-March, and only the transferee shall be responsible.
0. By signing this Agreement, Client acknowledges that Client
has read this agreement and fully understands the provisions hereof each person
signing this Agreement on behalf of a party hereto individually warrants and
represents to the other party hereto that such person has the authority to
execute and deliver this Agreement on behalf of the party such person purports
to represent. Each such person shall indemnify and hold the other party hereto
harmless against any breach of the foregoing warranty.
P. In any action brought to enforce the obligations of
Highland-March under this Agreement, judgement shall be enforceable against
Highland-March only to the extent of Highland-March's interest in the property
and no such judgement shall be the personal liability of Highland-March or the
basis of execution on assets of Highland-March.
HIGHLAND-MARCH
By: _________________________
Its: __________________________
CLIENT
CORPORATION: _______________________
By: _______________________
Its: ________________________
SCHEDULE "A"
Base Services
Individual Executive Office
Personalized Telephone Answering of Incoming Calls
Furnished and Decorated Reception Area
Professional Receptionist, Message Center Secretaries and Office Manager
12 hours Secretarial Service monthly
Use of furnished, and Audio-Visual Equipped Conference Rooms
(12 hours per month at no charge)
Business Identity on Building Lobby Directory
Facsimile Number for Client's Use
(see Alternative Schedule B for pricing)
Mail and Package Receipt
Utilities and Janitorial Service
Building Operating Expenses
One Desk, One Desk Chair and One Guest Chair Per Office
One Telephone
200 Copies on Copy Machine monthly
SCHEDULE "B"
Additional Services
Word Processing Services
Secretarial Services
Facsimile and Telex Services
Voice Messaging Service
Copy and Binding Services
Outgoing Mail & Express Delivery Services
Additional Office furniture
Specialized Equipment
Printing & Office Supplies
Miscellaneous Purchasing- Services
Catering & Beverage Services
Paging Services Telephone Equipment
Specialized Telephone Services
Excess Message Usage
Excess Conference Room Usage
Videoconferencing Services
Color Document Layout and Printing
Other Client Requested Services Where Available
SCHEDULE"C"
RULES AND REGULATIONS
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1. Client's employees and guests will conduct themselves in a businesslike
manner; proper business attire will be worn at all times- the noise level
will be kept to a level so as not to interfere with or annoy other Clients
and Client will abide by Highland-March's directives regarding security,
keys, parking and other such matters common to all occupants.
2. Client will not prop open any corridor doors, exit doors or doors
connecting corridors during or after business hours.
3. Client can only use public arm with the consent of Highland-March and those
areas must be kept neat and attractive at all times.
4. All corridors, halls, elevators and stairways shall not be obstructed by
Client or used for any purpose other than egress and ingress.
5. No advertisement or identifying signs, other than provided by
Highland-March, or other notices shall be inscribed, painted or affixed on
any part of the corridors, doors or public areas.
6. Client shall not, without Highland-March's prior written consent, store or
operate any computer (excepting a personal computer)or any other large
business machines, reproduction equipment, heating equipment, stove,
radios, stereo equipment or other mechanical amplification equipment,
vending or coin operated machines, refrigerator or coffee equipment, or
conduct a mechanical business thereon, do any cooking thereon, or use or
allow to be used in the Building, all burning fluids, gasoline, kerosene
for heating, warming or lighting. No article deemed extra hazardous on
account of fire or any explosives shall be brought into the Highland-March
Suites. No offensive gases, odors or liquids will be permitted.
7. The electrical current shall be used for ordinary lighting purposed only
unless written permission to do otherwise shall first have been obtained
from Highland-March at an agreed cost to the Client.
8. If client requires any special installation or wiring for electrical use,
telephone equipment or otherwise, such wiring shall be done at Client's
expense by the personnel designated by Highland-March.
9. Client may not conduct business in the hallways, reception area or any
other areas except in its designated offices without prior written consent
of Highland-March.
10. Client will bring no animals other than seeing-eye-dogs in the company of
blind persons into the Building.
11. Client shall not remove furniture, fixtures or decorative material from
offices without consent of Highland-March and such removal shall be under
the supervision and regulations of the Highland-March Suites.
12. Client will not use the Highland-March Suites for manufacturing or storage
of merchandise except as such storage may be incidental to general office
purposes.
13. Client will not occupy or permit any portion of the Highland-March Suites
to be occupied or used for the manufacture, sale, gift or use of firearms,
liquor, narcotics or tobacco in any form. Possession of firearms within the
highland-March Suites is strictly prohibited at all times.
14. Client will not use the Office for lodging or sleeping or for any immoral
or illegal purposes.
15. No additional locks or bolts of any kind shall be placed upon any of the
doors or windows of the Highland-March Suites by the client nor shall any
changes be made on existing locks or the mechanisms thereof
16. Client shall, before leaving the Office unattended for an extended period
of time, close and securely lock all doors and shut off all lights and
other electrical apparatus. Any damage resulting from failure to do so
shall be paid by client.
17. Canvassing, soliciting and peddling in the Building are prohibited and
Client shall not solicit other clients for any business or other purpose
without prior approval of Highland-March.
18. All property belonging to the client or any employee, agent or invitee of
Client shall be at the risk of such person only and Highland-March shall
not be liable for damages thereto or for theft or misappropriation thereof.
19. If Client does not remove any property belonging to Client from the
Highland-Much Suites by the end of the Term, at the option of
Highland-March, the client shall be conclusively presumed to have conveyed
such property to Highland-March under this Agreement as a xxxx of sale
without further payment or credit by Highland-March to Client and
Highland-March may remove same and Client shall pay Highland-March all
costs of such removal upon demand. If Highland-March exercises this option
to take title to such property, Client shall not be liable for the
liquidated damages provided in Section 4(B).
20. Smoking (including but not limited to cigarettes, cigars and pipes) shall
be prohibited in all areas of the Highland-March Suites (including, but not
limited to, licensed offices and conference and training rooms).
21. Highland-March's policy is to provide its employees with a harassment free
environment. Highland-March will not tolerate verbal or physical conduct by
Client which creates an intimidating, offensive, or hostile environment to
its employees- Harassment of any nature, sexual or otherwise, is strictly
prohibited.
22. Client shall refrain from any verbal or physical conduct which creates an
intimidating, offensive or hostile environment to any other client.
23. Notwithstanding anything herein which may be implied to the contrary,
Highland-March shall have no responsibility to Client for the violation or
nonperformance by any other Client or Clients of any of the Rules and
Regulations but shall use reasonable efforts to uniformly enforce all Rules
and Regulations among clients.
