© 2019 by Poppir Inc.

Rental Addendum

                 Poppir Place Etiquette -Keep our space a Happy Place

      1.  We are a team; this is not a competition.

      2.  Please stay within your space boundaries and don’t borrow other’s items (or store/storage items) without asking                         first. Specifically keeping your products out of another retailers space or taking products from other retailers unless                   they approve.            

      3.  Respect: stage your area where customers will not be blocking neighbor’s merchandise. 

      4.  Be neighborly. Let your neighbor complete his sales pitch before addressing customers and use good judgement on                any noise levels and crowds.

      5.  Encourage one another and offer assistance when needed.

      6.  Post to social media to boost everyone’s sales. 

      7.  Good Vibes only! 

      8.  Network with brands and find new ways to grow your business. 

      9.  Treat the space like it’s your own; leave it better than you found it. Make sure that the space you occupy is swept and                 cleaned before opening/closing each day.

      10. We kindly ask that everyone make an effort to keep the (very) small storage space clean and organized. It is only for                  special request storage. Your pop Items should store under your own bay table within your space during your                              pops.This helps with making the fitting room available to retailers that use it.

      11. The food counter space is off limits. This includes the sink- it’s off limits for sanitation reasons. 

      12. Stay for the full retail hours. Do not break down early. It’s disruptive to other brands and business hours. 

      13. Have fun above all else - that’s why we’re all here

  1. LICENSE. Licensor hereby grants to Licensee a non-exclusive, non-transferable, revocable, temporary license to occupy and use the Space or such other space of similar dimensions as shall be determined by Licensor from time to time in Licensor’s sole discretion.

  2. LICENSE PERIOD; USE; CONTINUOUS OPERATION. Licensee shall occupy and use the Space solely for the Permitted Use agreed to, for the License Period set forth in Booking Confirmation, unless sooner terminated as herein provided. Licensee must obtain all required governmental permits and approvals at its own cost and expense, and Licensee shall furnish Licensor with copies of all such permits and approvals.

  3. TERMINATION. Notwithstanding the foregoing (or anything to the contrary contained in this Agreement), Licensor shall have the right to terminate and revoke this Agreement with or without cause at Licensor’s sole discretion, at any time by delivering notice to Licensee, or a representative of Licensee, as provided in this Agreement, of revocation and termination on the date indicated therein. If Licensee is not otherwise in default under the terms of this Agreement, Licensor agrees that the date of the earlier revocation and termination set forth in said notice shall be a date not earlier than Thirty (30) business days but no more than Ninety (90) days from the date of such revocation and termination notice.

  4. CONDITION OF SPACE/UTILITIES. Licensee accepts the Space in “as is” condition and agrees that Licensor has no obligation to improve or repair the Space and that any improvements may be considered on a case by case basis. Licensor shall arrange directly with local utilities for utility service and shall pay all costs required to establish such service and the cost of all services furnished to and/or consumed by Licensee. Licensor shall not be liable for the quality, quantity, failure or interruption of any utility services to the Space.

  5. SECURITY DEPOSIT. Upon execution of this Agreement, Licensee shall pay to Licensor the Security Deposit, if required, which will be held by Licensor, without interest, as security for Licensee’s faithful performance of all terms, covenants and conditions of this Agreement. Licensor may use, apply on Licensee’s behalf or retain (without liability for interest) during the duration of this Agreement all or any part of the Security Deposit as required for the payment of any License Charges (as hereafter defined) for which Licensee may be in default hereunder, and Licensee shall, within 5 days after notice from Licensor, restore the Security Deposit to the amount. Following a request therefor made within sixty (60) days following the end of the License Period, the Security Deposit (less any amount used, applied or retained as herein provided) shall be returned to Licensee, provided Licensee complies with all terms, covenants and conditions of this Agreement (including but not limited to return of the Space in the condition required hereunder).

  6. PAYMENTS. All amounts due will be stated on the booking page. If applicable, Licensee shall pay to Licensor, without notice or demand, the License Fee, Percentage License Fee and all Additional Charges (individually and collectively, “License Charges”) as and when due. Licensee also shall timely pay, without demand, all licenses, taxes and fees which may be assessed against either Licensor or Licensee because of the use or occupancy of the Space by Licensee or the License Fee paid to Licensor. Payments are deemed made when actually received by Licensor. If any payment is not received by 5:00 p.m. on the due date, then in addition to Licensor’s other rights and remedies, Licensee shall pay a late fee equal to the greater of 5% of the amount due or $25.00 per day. In addition, in the event that any payment hereunder is refused due to insufficient funds, Licensor shall be entitled to a fee equal to Fifty and 00/100 Dollars ($50.00) per occurrence to cover its administrative costs, which fee is in addition to any other remedy hereunder and shall be payable within three (3) days of a demand therefore.

  7. GROSS SALES; PERCENTAGE LICENSE FEES. If applicable,, Licensee shall submit to Licensor, without notice or demand, at the times set forth a written statement setting forth in accurate detail all Gross Sales made from the Space for such period and the Percentage License Fee due. “Gross Sales”, as used herein, shall mean the amount of sales of all merchandise and/or services sold or rendered in, on, or from the Space by Licensee, without exception, deduction or regard to inability to collect. If Licensee fails to timely and accurately report Gross Sales and pay Percentage License Fees, Licensee shall pay $25.00 for each occurrence as liquidated damages (which obligation shall be in addition to Licensee’s obligation to report Gross Sales and pay Percentage License Fees). At Licensor’s discretion, Gross Sales statements may be required on a weekly basis. Licensor may audit Gross Sales and examine Licensee’s books and records at any time, and Licensee shall make all such books and records available for such audit.

  8. DEFAULTS. If Licensee fails to pay any sum when due under this Agreement or to continuously operate, or fails to perform any other covenant or agreement hereunder, then Licensor may, at its option, and without limiting Licensor’s rights or remedies hereunder or by law: (a) terminate Licensee’s right to use the Space upon 24 hours’ notice; (b) after termination, utilize any means necessary, without liability, to take possession of the Space and all improvements, equipment, fixtures personal property and inventory, and remove any persons in possession thereof; and/or (c) cure any default of Licensee under this Agreement and Licensee shall immediately pay to Licensor the cost of the cure. Licensor may also recover from Licensee as damages (all of which shall be immediately due and payable from Licensee to Licensor) an amount equal to the sum of: (i) the amount of any License Charges due and owing at the time of termination; (ii) the amount of License Charges coming due from the date of termination through the end of the License Period as originally contemplated under this Agreement; and (iii) all other amounts necessary to compensate Licensor for all damages proximately caused by Licensee’s failure to perform its obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom, including without limitation the cost of repairing the Space and reasonable attorneys' fees. Licensor’s remedies are cumulative and the use of one shall not preclude the use of any other.

  9. RULES AND REGULATIONS. Licensee agrees to abide by the Space Rules and Regulation attached hereto as may be amended from time to time at Licensor’s sole discretion. If a need arises to alter the days booked by licensor, notification will be given to licensee and days booked adjustment will be agreed on. From time to time consecutive booking days may be interrupted with events where bay set up is subject to partial breakdown and storage by licensee to be set up again before next pop day.

  10. INSURANCE. Licensee shall, at its own expense, obtain and thereafter continuously keep in force during the entire License Period: (i) all-risk property damage insurance for the full replacement cost of the Space and all improvements, fixtures, contents and personal property therein, and having a deductible of not more than $1,000.00, without incurring the effect of co-insurance; and (ii) commercial general liability insurance on an occurrence basis with a minimum combined single limit of $1,000,000.00 and a general aggregate limit of $2,000,000.00. (If Licensee sells, serves or distributes alcoholic beverages in or on the Space, then such general liability insurance shall include Liquor Legal Liability coverage at the same minimum limits of liability as shown above.) Such insurance shall name Licensor (and any other parties designated by Licensor) as additional insureds and shall provide for a waiver of any right of recovery by way of subrogation against Licensor in the event of any loss. Licensee shall also provide proof of Worker’s Compensation Insurance and Employer’s Liability Coverage as required by statute. Licensee shall deliver to Licensor, simultaneously with its execution of this Agreement, a certificate evidencing the required coverage hereunder, and including an endorsement which states that such insurance may not be cancelled except upon 10 days’ prior written notice to Licensor.

    • Licensee shall cause any contractor performing work on the Space to obtain, carry and maintain, at no expense to Licensor the same coverages that Licensee is required to obtain and maintain, together with business automobile liability insurance including the ownership, maintenance and operation of the automotive equipment, owned, hired, and non- owned coverage with a combined single limit of not less than $1,000,000.00 for bodily injury and property damage. If the contractor fails to acquire such insurance, Licensee shall provide such insurance (except worker’s compensation insurance and employer’s liability). Licensor shall be added as an additional insured to all liability policies required by this Agreement.

  11. INDEMNITY.  To the maximum extent permitted by law, Licensee shall, with counsel reasonably satisfactory to the Licensor, indemnify and save harmless Licensor and the members, managers, partners, directors, officers, agents, and employees of Licensor, against and from all claims, expenses, or liabilities of whatever nature (a) arising directly or indirectly from any default or breach by Licensee and/or Licensee’s contractors, licensees, agents, servants, employees, invitees, and/or anyone claiming by, through, or under Licensee, under any of the terms or covenants of this Agreement or the failure of Licensee or such persons to comply with any rule, order, regulation, or lawful direction now or hereafter in force of any public authority, in each case to the extent the same are related, directly or indirectly, to the Space or the Building or Licensee’s use thereof; or (b) arising directly or indirectly from any accident, injury, or damage to any person or property occurring within or about the Space or Building, where such accident, injury, or damage results, or is claimed to have resulted, from any act, omission, or negligence on the part of Licensee, or Licensee’s contractors, licensees, agents, servants, employees, or customers, or anyone claiming by, through, or under Licensee: provided, however, that in no event shall Licensee be obligated under this clause (b) to indemnify Licensor, the directors, officers, agents, employees of Licensor, to the extent such claim, expense, or liability results from any negligence or other misconduct of Licensor or the members, managers, officers, agents, or employees of Licensor the indemnification set forth in this Section 11 shall survive the expiration or termination of this Agreement.

  12. MAINTENANCE OF SPACE; ACCESS. Licensee shall keep and maintain the Space and the surrounding area, including any equipment installed therein or thereabout, neat, clean, free of debris and trash, and in good order and repair and in an attractive and clean condition. If Licensee causes any damage to or alters any portion of the Space, Licensee shall repair and maintain the portion so damaged or altered so that it is in good order and condition (as determined by Licensor). While Licensor shall have the right to enter on the Space at all times, Licensor agrees to use reasonable efforts not to cause an unreasonable interference under the circumstances with the conduct of Licensee’s Permitted Use of the Space. Licensor agrees to provide reasonable notice to Licensee before showing the Space to prospective tenants/licensees or lenders.

  13. SURRENDER. Upon the expiration of termination of the Term, Licensee shall remove all of its personal property and surrender and deliver the Space to Licensor in as good condition as when received by Licensee.  Licensee shall, subject to the prior written approval of Licensor, repair any and all damage to the Space or the Building resulting from the installation, presence and removal of any of Licensee or any Brand’s personal property.  If Licensee fails to remove Licensee’s personal property in accordance with the foregoing, and such failure continues for ten (10) business days after the expiration of termination of the Term, then such personal property shall be deemed abandoned, and Licensor shall have the right to remove and dispose of such personal property, at Licensee’s sole expense, and Licensor shall have no liability therefor.   If Licensee fails to vacate and surrender the Space to Licensor upon the expiration or termination of the Term, such occupancy shall not constitute a renewal or extension of the term of the Agreement . The provisions of this Section shall not be deemed to limit or constitute a waiver of any other rights or remedies Licensor may have with respect to any continued occupancy of the Space by Licensee or any Brand following the termination of this Agreement.  Licensee obligations under this Section shall survive the expiration or termination of the Term.

  14. HOLDOVER. If Licensee, or any person claiming through Licensee, continues to occupy the Space after the expiration or earlier termination of the License Period, then, at Licensor’s discretion: (i) such occupancy shall be deemed a day-to-day occupancy under the same terms and conditions set forth in this Agreement, except, however, that the License Fees payable during such continued occupancy shall be 2-1/2 times the amount of the average rent paid to date effective immediately prior to such expiration or earlier termination, and Licensor may terminate Licensee’s occupancy upon twenty-four (24) hours’ notice; and (ii) Licensor may remove Licensee’s personal property at Licensee’s expense with no liability to Licensor for any loss or damage thereto.

  15. PARTIES’ RELATIONSHIP. The relationship between the parties hereto is that of licensor and licensee and nothing contained herein shall be construed to create a relationship between the parties which would make either party responsible for the debts of the other. Licensee does not and shall not claim any interest or estate of any kind in the Space by virtue of this Agreement or its occupancy or use under this License.

  16. ARBITRATION. The parties hereto shall endeavor in good faith to resolve all claims, controversies and disputes arising from, or in connection with, the Agreement through informal discussions and negotiations either between themselves or between respective legal advisors appointed by each party.  Any such claim, controversy or dispute that is not resolved in such manner shall be submitted to binding arbitration pursuant to the provisions of the Federal Arbitration Act. Such arbitration shall be conducted before a single arbitrator pursuant to the commercial rules of the American Arbitration Association (the “Rules”).  Any award rendered by the arbitrator shall be conclusive and binding upon the parties; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award.  The decision of the arbitrator in accordance herewith shall be final and binding and shall be entered into and enforced, at the request of either party, by any court of competent jurisdiction.  Each party shall pay its own expenses of arbitration, and the expenses of the arbitrator shall be equally shared; provided, however, that if in the opinion of the arbitrator any claim under the Agreement or any defense or objection thereto was unreasonable, the arbitrator may assess, as part of his or her award, all or any part of the arbitration expenses of the other party (including reasonable attorney’s fees) and of the arbitrator against the party raising such unreasonable claim, defense or objection.  Insofar as possible, the parties agree to maintain the claim, controversy or dispute, as well as the arbitration, in confidence.

  17. NOTICE.  Notice to either party to this Agreement shall be deemed given (a) when mailed by certified mail, postage prepaid, or (b) when given by e-mail, addressed to the applicable party at the address or e-mail address set forth below such party’s signature this Agreement or to either party at such other address as it shall have notified the other pursuant to this sentence.

  18. ASSIGNMENT.  Neither party may assign this Agreement without the prior written consent of the other party, except to a successor to all or substantially all its related business resulting from a sale of all or substantially all its assets and business, or in connection with the sale of the Building.

  19. LIMITATION ON RIGHT OF RECOVERY. Licensee agrees to look solely to Licensor’s interest in the retail space for the satisfaction of any claim arising from this Agreement and shall not seek to impose personal liability on any shareholder, partner, member, trustee, officer, employee, representative or agent of Licensor.

  20. LAWS.   This Agreement and any dispute arising hereunder shall be governed by the laws of the District of Columbia , excluding its conflicts of laws rules that would result in the application of any other laws.  

  21. WAIVER. Waiver by Licensor of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition herein.

  22. ATTORNEY FEES. Licensee agrees that in the event that any default by it under this License Agreement requires the Licensor, in its sole discretion, to engage the services of an attorney to enforce compliance by Licensee with the terms, conditions and obligations hereof, Licensee agrees to reimburse Licensor for any and all reasonable attorneys’ fees and costs incurred.

  23. AGREEMENT. This Agreement represents the entire agreement of the parties and supersedes all other representations, communications and understandings concerning the subject matter hereof.

  24. TIME OF ESSENCE. Time is of the essence of this License Agreement and of each and every provision hereof of which time is an element.

  25. SUBORDINATION. Licensee acknowledges that this Agreement and any rights of Licensee to the Space and Building will terminate automatically upon any termination of that certain Service and License Agreement by and between Licensor and I&G DC REIT, Inc. (the “Landlord”)

Space Rules & Regulation

Poppir Place

BUILDING RULES AND REGULATIONS

 

1. No part or the whole of the sidewalks, plaza areas, entrances, passages, courts, elevators, vestibules, stairways, corridors, or halls of the Building or the Real Property shall be obstructed or encumbered by any licensee or used for any purpose other than ingress and egress to and from the space demised to such licensee.

 

2. No awnings or other projections shall be attached to the outside walls or windows of the Building. No curtains, blinds, shades, or screens (other than those that may be furnished by Licensor) shall be attached to or hung in, or used in connection with, any window or door of the space demised to any licensee, without the written consent of Licensor, such consent not to be unreasonably withheld conditioned or delayed.

 

3. No sign, advertisement, object, notice, or other lettering shall be exhibited, inscribed, painted, or affixed on any part of the outside or inside of the space demised to any licensee or of the Building or the Real Property, except for outdoor signage for which Licensor absolute discretion.

 

4. No showcases or other articles shall be put in front of or affixed to any part of the exterior of the Building, nor placed in the halls, corridors, vestibules, or other public parts of the Building.

 

5. The water and wash closets and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances (including, without limitation, coffee grounds) shall be thrown therein.

 

6. No licensee shall bring or keep, or permit to be brought or kept, any inflammable, combustible, or explosive fluid, material, chemical, or substance in or about the space demised to such licensee, except that licensee shall be permitted to use and keep in the Demised Space such cleaning, copier and other supplies as are reasonable and customary for office use, provided that licensee uses, stores and disposes of same in accordance with applicable laws, rules or regulations.

 

7. No licensee shall mark, paint, drill into, or in any way deface, any part of the Building or the space demised to such licensee. No boring, cutting, or stringing of wires shall be permitted.

 

8. No cooking shall be done or permitted in the Building by any tenant. No tenant shall cause or permit any unusual or objectionable odors to emanate from the space demised to such Licensee.

 

9. Neither the whole nor any part of the space demised to any Licensee shall be used for manufacturing or for the storage of merchandise that is visible to customers.

 

10. No Licensee shall make or permit to be made any unseemly or disturbing noises or disturb or interfere with other Licensees or occupants of the Building or neighboring buildings or premises whether by the use of any musical instrument, radio, television set, or other audio device, unmusical noise, whistling, singing, or in any other way. Nothing shall be thrown out of any doors, windows, or skylights or down any passageways.

 

11. No additional locks or bolts of any kind shall be placed upon any of the doors or windows in the space demised to any Licensee, nor shall any changes be made in locks or the mechanism thereof without Licensor’s consent, and Licensee shall provide Licensor with access keys or cards to all areas of the Demised Premises. Each Licensee must, upon the termination of his tenancy, restore to Licensor all keys to offices and toilet rooms, either furnished to or otherwise procured by such Licensee, and in the event of the loss of any such keys, such Licensee shall pay Licensor the reasonable cost of replacement keys.

 

12. All removals from the Building, or the carrying in or out of the Building or the space demised to any Licensee of any safes, freight, furniture, or bulky matter of any description must take place during such hours and in such manner as Licensor or its agents may determine from time to time. Licensor reserves the right to inspect all freight for violation of any of these rules and regulations or the provisions of such Licensee’s lease.

 

13. No Licensee shall use or occupy or permit any portion of the space demised to such Licensee to be used or occupied for the storage, manufacture, or sale of liquor, medications or drugs, except for the storage of any medications or drugs that are consistent with the Primary Care Medical Use. No Licensee shall engage or pay any employees in the Building except those actually working for such Licensee in the Building, nor advertise for laborers giving an address at the Building.

 

14. Licensor shall have the right to prohibit any advertising by any Licensee which in Licensor’s reasonable opinion tends to impair the reputation of the Building or its desirability as a building for offices, and upon notice from Licensor, such Licensee shall refrain from or discontinue such advertising.

 

15. Licensor reserves the right to control and operate the public portions of the Building and the public facilities, as well as facilities furnished for the common use of the Licensees, in such manner as it deems best for the benefit of the Licensees generally, including, without limitation, the right to exclude from the Building (at all times, or at such times as Licensor determines appropriate), all persons who do not have authorization by Licensor or other suitable identification satisfactory to Licensor.

16. Each Licensee, before closing and leaving the space demised to such Licensee at any time, shall see that all entrance doors are locked.

 

17. No space demised to any Licensee shall be used or permitted to be used for lodging or sleeping or for any immoral or illegal purpose.

 

18. The requests of Licensees will be attended to only upon application at the office of Licensor. Building employees shall not be required to perform and shall not be requested by any Licensee to perform any work unless under specific instructions from the office of Licensor.

 

19. Canvassing, soliciting, and peddling (which shall not include customary retail sales activity within the Space) in the Building are prohibited, and each Licensee shall cooperate in seeking their prevention.

 

20. There shall not be used in the Building, either by any Licensee or by its agents or contractors, in the delivery or receipt of merchandise, freight or other matter, hand trucks or other means of conveyance except those equipped with rubber tires, rubber side guards, and such other safeguards as Licensor may require.

 

21. No animals of any kind shall be brought into or kept about the Building by any Licensee, excluding “seeing- eye” dogs or other specifically trained service animals for disabled persons.

 

22. No Licensee shall place or permit to be placed on any part of the floor or floors of the space demised to such Licensee a load exceeding the floor load per square foot which such floor was designed to carry and which is allowed by law.

 

23. Licensor reserves the right to specify where in the Space demised by any Licensee business machines and mechanical equipment shall be placed or maintained in order, in Licensor’s judgment, to absorb and prevent vibration, noise, and annoyance to other Licensees of the Building.

 

24. No vending machines shall be permitted to be placed or installed in any part of the Building by any Licensee. Licensor reserves the right to place or install vending machines in any of the common areas of the Building.  

 

25. No bicycles are permitted in the Building or to be attached to any part of the Building rails, doors, etc.

 

26. No deliveries, loading, move-ins, or move-outs are permitted through the main lobby entrance to the Building, but shall occur only through the exterior door of the Space to the outside of the Building. Licensor shall determine from time to time the hours during which Licensees and their employees can access the Building only through key or card key access. Such hours are currently from 7:00 p.m. to 7:00 a.m., Monday through Friday and 24 hours per day on Saturdays, Sundays and holidays. Licensees are allowed to park in front of the entrance next to the bike lane when loading and unloading.

 

27. No building doors shall be propped open at any time.

 

28. All Licensees shall be fully responsible and liable for the actions of all persons for whom they authorize access into the Building.

 

29. All floor access plates and panels shall remain exposed for easy access. In instances where plates or panels have been covered by carpet or flooring, and access is necessary, it shall be the respective Licensee’s responsibility to pay for removal and replacement of carpet or flooring to provide the needed access.

 

30. No cars shall be parked at any time in the loading zone entrance or parking garage entrance and ramp area without the prior approval of Licensor.

 

31. Except as otherwise provided in the License, no alterations to Licensee space shall be made by Licensee without the prior written approval of Licensor.

 

32. Licensor reserves the right, at any time and from time to time, to rescind, alter, or waive, In whole or in part, or add to, any of the Rules and Regulations when it is deemed necessary, desirable, or proper, in Licensor’s judgment, for its best interests or for the best interests of the Licensees.

 

33. SMOKING IS PROHIBITED WITHIN ANY PORTION OF THE BUILDING, LOADING DOCK, OR GARAGE OR WITHIN 30 FEET OF ANY BUILDING ENTRANCE OR RETAIL ENTRANCE.

 

34. Licensees shall comply with all Building recycling programs regarding the collection, sorting, separation and recycling of garbage, trash, rubbish and other refuse. These program requirements will be posted in the Space.

 

35. Licensee shall secure and protect the Space, and all property located within the Space. Licensee acknowledges and agrees that it, and not Licensor, is solely responsible for securing and protecting the Space and all property located therein.

 

36. All articles, and the arrangement, style, color and general appearance thereof, shall be in keeping with the character and standards of the retail space as reasonably determined by Licensor.

 

37. Licensee shall use the Space name and logo and include Licensee’s trade name and the address and the identity of Licensee's business in the Space in all advertisements made by Licensee in any manner and in any medium when promoting their pop-up in the Space..

 

38. Licensee shall not install, operate or maintain in the Space, or in any other area of the retail space, electrical equipment which does not bear the Underwriters Laboratories seal of approval, or which would overload the electrical system or any part thereof beyond its capacity for proper, efficient and safe operation.