The above named applicant (the “Licensee”), as an employee of the above named Company/Tenant, hereby irrevocably acknowledges and agrees that upon approval of this bicycle application by OSED Howe Street Vancouver Leaseholds Inc., Old Stock Exchange Building Properties Ltd., Colliers International and Curtis Health (collectively, the “Licensor”) of The Exchange located at 475 Howe Street in Vancouver, B.C. (the “Property”), which approval shall be deemed to have occurred only upon issuance of access to the secure bike area to the Licensee, the Licensee shall abide by all of the rules and regulations established from time to time by the Licensor, including but not limited to the following and those listed on the reverse:
a) The license is for the use of one (1) bicycle parking space by the Licensee, and accordingly the use of the space shall be restricted to the Licensee and the bicycle described above. The Licensee shall not be entitled to assign or sublicense this license. Any attempts of fraudulent use of the rights granted herein may result in the immediate termination of this Agreement. The Licensee acknowledges that the parking area is on a “first come, first serve” basis and that there is no guarantee that a parking space will be available for the Licensee’s use.
b) Charges are for the use of the parking space only and are subject to change from time to time. The Licensor, its employees, agents and for those whom it is legally responsible for shall not, under any circumstances whatsoever, be responsible for any loss or damage to any bicycle or its accessories regardless of who caused the loss or damages or how it occurred, including without limitation negligence of the aforementioned persons or theft. The use of the parking space is at the sole risk of the Licensee and the responsibility for insuring against any loss of or damage to the bicycle and its accessories remains with the Licensee who hereby waives on behalf of itself and its insurers any rights of subrogation against the Licensor, its employees, agents and for those whom it is legally responsible.
c) The Licensee shall indemnify the Licensor, its employees, agents and for those whom it is legally responsible against all liability, claims, damages or expenses due to or arising out of any act, omission or neglect by the Licensee or anyone for whom it is legally responsible, in, on or about the Property or due to or arising out of any breach by the Licensee or anyone for whom it is legally responsible of the provision of this Agreement or any rules or regulations established from time to time by the Licensor.
d) Either party may terminate this Agreement upon one month’s advance written notice to the other. Fees are not prorated for any non-use of parking privileges, unavailability of parking spaces or mid-season cancellation of this Agreement or any other reason.
e) The Licensor may have the Licensee’s bicycle removed at the Licensee’s expense if the bicycle is, in the Licensor’s sole opinion, illegally parked, blocking another bicycle or parked in such a manner that creates an unsafe condition or if the bicycle remains unmoved for more than 36 consecutive hours. The Licensor may otherwise have the Licensee’s bicycle removed in the event of an emergency. In all such cases, the Licensor’s right shall include, but not be limited to, cutting or otherwise removing any locking mechanism affixed to the bicycle, and the Licensee hereby releases the Licensor with respect to any costs for or damage relating to such removal.
f) Upon approval of this application, Licensee’s building access security card will be programmed to grant access to the parking area.
THIS DOCUMENT REPRESENTS THE AGREEMENT BETWEEN THE LICENSOR AND THE LICENSEE. THE LICENSEE’S COMPLETION AND SUBMISSION OF THIS APPLICATION CONFIRMS ACCEPTANCE OF TERMS AND CONDITIONS STATED HEREIN.