Form Ogc-S-2000-05 - Space Reservation Agreement (Page 2 of 2) in pdf

Form No. OGC-S-2000-05

THE SUITABILITY OF SAME FOR THE PURPOSE HEREIN INTENDED. BY OCCUPYING FACILITIES,

REQUESTOR SHALL BE DEEMED TO HAVE ACCEPTED THE SAME AS SUITABLE FOR THE PURPOSE

HEREIN INTENDED.

University shall not be liable or responsible to Requestor for any loss or damage to any property or person

occasioned by theft, act of God, public enemy, injunction, riot, strike, insurrection, war, court order,

requisition, or order of governmental body or authority or any similar matters. University shall not be

liable to Requestor, or to Requestor’s agents, employees, servants, or invitees, and Requestor shall

indemnify, defend, and hold University harmless from and against any and all fines, suits, claims,

demands, losses, liabilities, actions, and costs (including attorney’s fees) arising from (a) any injury to

person or damage to property caused by any act, omission, or neglect of Requestor, Requestor’s agents,

servants, employees, or invitees, (b) Requestor’s use of Facilities under the Agreement or the conduct of

Requestor’s business, (c) any activity, work, or thing done, permitted or suffered by Requestor under the

Agreement, or (d) any breach or default in the performance of any obligation on University’s part to be

performed under the terms of the Agreement.

Requestor warrants that it will occupy Facilities and conduct its activities therein in a manner that

complies with all applicable provisions of the Americans with Disabilities Act (“ADA”). Specifically, during

the time of its occupancy of Facilities, Requestor agrees to provide auxiliary aids and services as provided

for under the provisions of the ADA whenever such services are required for the events held at the leased

premises. Requestor will make every effort to make Facilities accessible for the events held therein by

removal of barriers wherever reasonable (with prior consultation and consent of University for any

physical barrier removal) and will provide alternative aids and services wherever barriers cannot be

reasonably removed. Requestor agrees to indemnify University of Houston, its System, its components,

regents, officers, agents, and employees from any claims, losses, suits, proceedings, damages or liabilities,

including attorneys’ fees, that arise out of or based on the grounds that Facilities or services provided by

Requestor failed to comply with the applicable provisions of the ADA or any other applicable law.

Requestor agrees to reimburse University for any legal or other expenses incurred by University in

connection with investigation of defending against such claims, losses, suites, proceedings, damages, or

liabilities, as and when such expenses are incurred. University reserves the right to settle any claim,

proceeding, or suit at any time.

During the term hereof, if Facility is substantially damaged, destroyed by fire, storm, tornado, war,

insurrection, casualty, or causes reasonably beyond University’s or Requestor’s control, so as to make

Facility unusable for the purposes herein outlined, or to such an extent that, in the reasonable opinion of

University, it would be impractical to restore or repair the same, this Agreement shall terminate

automatically. After such termination, neither Party shall be further liable or responsible for obligations

set forth in this Agreement.

Requestor may not assign or in any manner transfer its interest in this Agreement without prior written

approval of University. Any attempt to assign by Requestor is void.

10.

Nothing contained in this Agreement shall be deemed or construed as creating the relationship of

principal and agent, employer and employee, borrowed servant, or of partnership or of joint venture

between the Parties.

11.

This Agreement and the Appendix attached hereto contain the entire agreement between the Parties

regarding the subject matter hereof and supersedes any and all other agreements, understandings,

negotiations, or representations, whether oral or written, between the Parties. No agreement shall be

effective unless it is in writing and signed by the party against whom enforcement of agreement is sought.

12.

This Agreement is governed by the laws of the State of Texas (exclusive of its choice of law provisions).

Signed in Houston, Texas, on the dates indicated, but effective as provided above.

UNIVERSITY OF HOUSTON

REQUESTOR

________________________________________________

Signature

Date

Signature

Date

Name:__________________________________________

Title:___________________________________________

________________________________________________

Signature

Date

Signature

Date

Name:__________________________________________

Title:___________________________________________

Note: Modification of this Form requires approval of OGC

Office of the General Counsel

Space Reservation Agreement

OGC-S-2000-05 Revised 03.08.11

Page 2 of 2

Form Ogc-S-2000-05 - Space Reservation Agreement Page 2

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