1. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed or printed or affixed on or to any part of the outside or inside of the Building or any part of the Premises visible from the exterior of the Premises without the prior written consent of Licensor, which consent may be withheld in Licensor’s sole and absolute discretion. Licensor shall have the right to remove, at Licensee’s expense and without notice to Licensee, any such sign, placard, picture, advertisement, name or notice that has not been approved by Licensor. In addition, Licensor reserves the right to change from time to time the format of the signs or lettering and to require previously approved signs or lettering to be appropriately altered.
2. All approved signs or lettering on doors and walls shall be printed, painted, affixed or inscribed at the expense of Licensee by a person reasonably approved of by Licensor.
3. If Licensor notifies Licensee in writing that Licensor objects to any non-Building standard curtains, blinds, shades or screens attached to or hung in or used in connection with any window or door of the Premises, such use of such curtains, blinds, shades or screens shall be removed immediately by Licensee. No awning shall be permitted on any part of the Premises. Licensee shall not place anything or allow anything to be placed against or near any glass partitions or doors or windows which may appear unsightly, in the opinion of Licensor, from outside the Premises.
4. No ice, drinking water, towel, barbering, bootblacking, shoeshining, or repair services, vending, or other similar services shall be provided to the Premises, except from persons reasonably authorized by Licensor and at the hours and under regulations reasonably fixed by Licensor.
5. The bulletin board or directory of the Building will be provided exclusively for the display of the name and location of Licensees only and Licensor reserves the right to exclude any other names therefrom.
6. The Common Areas shall not be obstructed by Licensee or used by Licensee for any purpose other than for ingress to and egress from its Premises. The halls, passages, exits, entrances, elevators, stairways, balconies and roof are not for the use of the general public and Licensor shall in all cases retain the right to control and prevent access thereto by all persons whose presence in the judgment of Licensor shall be prejudicial to the safety, character, reputation and interests of the Building and its Licensees. No Licensee and no employees or invitees of any Licensee shall go upon the roof of the Building.
7. Licensee shall not alter any lock or install any new or additional locks or any bolts on any interior or exterior door of the Premises without the prior written consent of Licensor, which shall not be unreasonably withheld, conditioned or delayed.
8. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Licensee who, or whose employees or invitees, shall have caused it.
9. Licensee shall not overload the floor of the Premises or mark, drive nails, screw or drill into the partitions, woodwork or plaster or in any way deface the Premises or any part thereof.
10. No furniture, freight, deliveries or equipment of any kind shall be brought into the Building or the Premises without the reasonable consent of Licensor and all moving of the same into or out of the Building shall be done at such time and in such manner as Licensor shall reasonably designate. Licensor shall have the right to reasonably prescribe the weight, size and position of all safes and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building. Safes or other heavy objects shall, if reasonably considered necessary by Licensor, stand on a platform of such thickness as is necessary to properly distribute the weight. Licensor will not be responsible for loss of or damage to any such safe or property from any cause, and all damage done to the Building by moving or maintaining any such safe or other property shall be repaired at the expense of Licensee. The elevator designated for freight by Licensor shall be available for use by all Licensees in the Building during the hours and pursuant to such procedures as Licensor may reasonably determine from time to time. The persons employed to move Licensee’s equipment, material, furniture or other property in or out of the Building must be reasonably acceptable to Licensor. The moving company must be a locally recognized and licensed professional mover, whose primary business is the performing of relocation services, and must be bonded and fully insured. In no event shall Licensee employ any person or company whose presence may give rise to a labor or other disturbance at the Building. A certificate or other verification of such insurance must be received and reasonably approved by Licensor prior to the start of any moving operations. Insurance must be sufficient in Licensor’s reasonable opinion, to cover all personal liability, theft or damage to the Building, including, but not limited to, floor coverings, doors, walls, windows, elevators, stairs, foliage and landscaping. Special care must be taken to prevent damage to foliage and landscaping during adverse weather. All moving operations shall be conducted at such times and in such a manner as Licensor shall reasonably direct, and all moving shall take place during non-business hours unless Licensor agrees in writing otherwise.
11. All cleaning and janitorial services for the Premises shall be provided exclusively through Licensor. Except with the written consent of Licensor, no person or persons other than those approved by Licensor shall be permitted to enter the Building for the purpose of cleaning the Building or the Premises. Licensee shall not cause any unnecessary labor by reason of Licensee’s carelessness or indifference in the preservation of good order and cleanliness. Licensor shall not in any way be responsible to any Licensee for any loss of property on the Premises, however occurring, or for any damage to any Licensee’s property by the janitor or any other employee or any other person.
12. Licensee shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Licensor or other occupants of the Building by reason of noise, odors and/or vibrations, or interfere in any way with other Licensees or those having business therein. Licensee shall not permit any animals other than service animals, e.g. seeing-eye dogs, to be brought or kept in or about the Premises or any common area of the Building. In no event shall Licensee keep, use, or permit to be used in the Premises or (except to the extent authorization of vehicle storage shall be explicitly mandated by applicable law) the Building any guns, firearm, explosive devices, or ammunition.
13. Licensee shall not do any cooking (other than warming by microwave oven), conduct any restaurant, luncheonette or cafeteria for the sale or service of food or beverages to its employees or to others, or cause or permit any odors of cooking or other processes or any unusual or objectionable odors to emanate from the Premises. Notwithstanding the foregoing, however, Licensee may maintain and use microwave ovens and equipment for brewing coffee, tea, hot chocolate and similar beverages, provided that Licensee shall (i) prevent the emission of any food or cooking odor from leaving the Premises, (ii) be solely responsible for cleaning the areas where such equipment is located and removing food related waste from the Premises and the Building, or shall pay Licensor’s standard rate for such service as an addition to cleaning services ordinarily provided, (iii) maintain and use such areas solely for Licensee’s employees and business invitees, not as public facilities, and (iv) keep the Premises free of vermin and other pest infestation and shall exterminate, as needed, in a manner and through contractors reasonably approved by Licensor, preventing any emission of odors, due to extermination from leaving the Premises.
14. Licensee shall not use or keep in the Premises or the Building any kerosene, gasoline, or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Licensor. Licensee will not permit space heaters or other energy-intensive equipment without written approval by Licensor. Any space conditioning equipment that is placed in the Premises with Licensor’s reasonable approval for the purpose of increasing comfort to occupants shall be operated on sensors or timers that limit operation of equipment to hours of occupancy in the areas immediately adjacent to the occupying personnel.
15. Licensor will reasonably direct electricians as to where and how telephone and data and telecommunication cables or wires are to be introduced into the Premises and the Building. No boring or cutting for wires will be allowed without the prior reasonable consent of Licensor. The location of telephones, call boxes and other equipment affixed to the Premises shall be subject to the prior reasonable approval of Licensor.
16. Licensor may charge Licensee a reasonable amount for any additional keys or parking transponders required, and Licensee shall not make or have made additional keys on its own. Upon the expiration or earlier termination of the Lease, Licensee shall deliver to Licensor any parking transponders and the keys of Premisess, rooms and toilet rooms which have been furnished by Licensor to Licensee and any copies of such keys. In the event Licensee has lost any keys furnished by Licensor, Licensee shall pay Licensor for such keys.
17. Licensee shall not lay linoleum, tile, carpet or other similar floor covering so that the same shall be affixed to the floor of the Premises, except to the extent and in the manner approved in advance by Licensor. The expense of repairing any damage resulting from a violation of this rule or removal of any floor covering shall be borne by the Licensee by whom, or by whose contractors, employees or invitees, the damage shall have been caused.
18. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such hours and in such elevators as shall be designated by Licensor, which elevator usage shall be subject to the Building’s customary charge therefor as established from time to time by Licensor.
19. Outside of Building Business Hours, access to the Building, or to the halls, corridors, elevators or stairways in the Building, or to the Premises may be refused unless the person seeking access is known to the person or employee of the Building and has a pass or is properly identified and authorized. Licensor shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, Licensor reserves the right to prevent access to the Building during the continuance of the same by closing the doors or otherwise, for the safety of the Licensees and protection of property in the Building.
20. Licensee shall be responsible for insuring that the doors of the Premises are closed and securely locked before leaving the Building, including but not limited to all doors leading to terraces and/or patios, and must observe strict care and caution that all water faucets or water apparatus are entirely shut off before Licensee or Licensee’s employees leave the Building, and that all electricity, gas or air shall likewise be carefully shut off, so as to prevent waste or damage.
21. Licensee shall not use the name of the Building or any photograph or likeness of the Building in connection with or in promoting or advertising Licensee’s business, except that Licensee may include the Building name in Licensee’s address. Licensor shall have the right, exercisable without notice and without liability to any Licensee, to change the name and address of the Building.
22. Licensor reserves the right to exclude or expel from the Building any person who, in the judgment of Licensor, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of the rules and regulations of the Building.
23. The requirements of any Licensee will be attended to only upon application at the Premises of the Building. Employees of Licensor shall not perform any work or do anything outside of their regular duties unless under special instructions from Licensor, and no employee will admit any person (Licensee or otherwise) to any Premises without specific instructions from Licensor.
24. No vending machine or machines of any description shall be installed, maintained or operated upon the Premises without the prior written consent of Licensor, such consent not to be unreasonably withheld except for commercial grade food and beverage vending machines located in the lunchroom and/or kitchenettes of the Premises for the exclusive use of Licensee, its agents, employees, contractors, subLicensees, licenses, employees, and invitees.
25. Subject to Licensee’s right of access to the Premises in accordance with Building security procedures, Licensor reserves the right to close and keep locked all entrance and exit doors of the Building outside of Building Business Hours, and during such further hours as Licensor may deem advisable for the adequate protection of the Building and the property of its Licensees.
26. Smoking shall only be permitted in such areas as Licensor may from time to time designate, which in all circumstances shall be no less than twenty five feet (25′) from the facade of the Building. Licensor shall have the right, but not the obligation, to designate an area or areas as “Designated Smoking Areas.” Licensor shall have the right to change and or limit such Designated Smoking Areas and to enact future rules and regulations concerning smoking in such Designated Smoking Areas, including the right in Licensor’s discretion, to prohibit smoking in the Designated Smoking Areas or the right to refuse to designate Designated Smoking Areas. Licensee agrees to comply in all respects with Licensor’s prohibition and regulation of smoking and to enforce compliance against its employees, agents, invitees and other persons under the control and supervision of Licensee on the Premises or at the Building. Any violation of this provision shall be a default under this Lease and in addition and without limiting Licensor’s rights and remedies in consequence of such default, entitle Licensor to assess a monetary fine against Licensee for each violation of this Rule in the amount of $25.00 for the first violation, $50.00 for the second violation, and $100.00 for each subsequent violation. For purposes hereof “smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe or other smoking equipment or device in any manner or form.
27. Licensee shall not install a wireless data or communications system (or similar system) (“Wi-FI Network”) for intranet, internet, or other communications purposes within the Premises without the express prior written approval of Licensor, which approval shall not be unreasonably withheld, delayed or conditioned. Such Wi-Fi Network shall not interfere with the use or operation of any other space within the Building, including the operations of any Licensee, licensee, concessionaire or other occupant of the Building. Should any interference occur, Licensee shall take all necessary steps as soon as commercially practicable and no later than three (3) calendar days following such occurrence to correct such interference. If such interference continues after such three-day period, Licensee shall immediately cease operating the Wi-Fi Network until such interference is corrected or remedied to Licensor’s satisfaction. Licensee shall limit Wi-Fi Network use solely to Licensee’s employees within the Premises. Licensee shall indemnify, hold harmless, and defend Licensor (except for matters directly resulting from Licensor’s gross negligence or willful misconduct) against all claims, losses or liabilities arising as a result of Licensee’s use and/or construction of any Wi-Fi Network. Licensee acknowledges that Licensor has granted and/or may grant leases, licenses and/or other rights to operate a Wi-Fi Network to other Licensees and occupants of the Building and to telecommunication service providers. A campus wide WI-FI network can be made available via Peer Point under a separate contract.
28. Licensee acknowledges that Licensor contemplates the Building as a LEED® Certified building, without representation, and Licensee shall not do or suffer any activity, installation, construction or use of the Premises or Common Areas in a manner that inhibits Licensor’s desired certifications of Licensor’s sustainability practices, as modified by Licensor from time to time, provided same are applied in a uniform and non-discriminatory manner throughout the Building and Licensee receives prior written notice of same.
29. Licensee shall store all its trash and garbage within its Premises. Licensee shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. Licensee shall participate in, at its expense, any recycling, trash sorting, separation or other waste management program adopted by Licensor for the Building, provided that Licensor advises Licensee of the same in writing and provides Licensee a reasonable time to comply with such program.
30. Canvassing, soliciting, distribution of handbills or any other written material in the Building is prohibited and each Licensee shall cooperate to prevent the same. No Licensee shall solicit business from other Licensees or permit the sale of any good or merchandise in the Building without the written consent of Licensor.
31. Licensee shall not install any radio or television antenna, satellite dish, loudspeaker, furniture or other item or device on the roof or exterior walls, or any patio or terraces of the Building without Licensor’s prior written consent, which consent may be withheld in Licensor’s sole discretion, and which consent may in any event be conditioned upon Licensee’s execution of Licensor’s standard form of license agreement. Licensee shall be responsible for any interference caused by any antenna installation.
32. Licensee shall not use any heating or air conditioning other than that supplied or approved in writing by Licensor.
33. 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 or vestibules, nor shall any article obstruct any air-conditioning supply or exhaust without the prior written consent of Licensor.
34. Licensee shall not use any method of heating or air conditioning other than that supplied or approved in writing by Licensor.
35. Licensee shall not permit any motor vehicles to be washed or mechanical work or maintenance of motor vehicles to be performed in any parking lot.
36. Licensee shall not place a load upon any floor which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. Heavy objects shall stand on such platforms as determined by Licensor to be necessary to properly distribute the weight. Business machines and mechanical equipment belonging to Licensee which cause noise or vibration that may be transmitted to the structure of the Building or to any space in the Building to such a degree as to be objectionable to Licensor or to any Licensees shall be placed and maintained by Licensee, at Licensee’s expense, on vibration eliminators or other devices sufficient to eliminate the noise or vibration. Licensor will not be responsible for loss of or damage to any such equipment or other property from any cause, and all damage done to the Building by maintaining or moving such equipment or other property shall be repaired at the expense of Licensee.
37. Any use of bicycle storage areas shall be without liability of Licensor, and Licensor may condition any such usage on execution of a security waiver document. Licensor may prescribe such rules regarding abandonment and removal of bicycles as Licensor may deem fit from time to time, and Licensor shall not be responsible for any damage or loss of bicycles. Roller blades are prohibited in the Building.
38. Licensor may temporarily waive any one or more of these rules and regulations for the benefit of any particular Licensee or Licensees, but no such waiver by Licensor shall be construed as a waiver of such rules and regulations in favor of any other Licensee or Licensees, nor prevent Licensor from thereafter enforcing any such rules and regulations against any or all of the Licensees of the Building.
39. Licensor reserves the right to modify or delete any of the foregoing Rules and to make such other and reasonable rules and regulations as in its judgment may from time to time be needed for the safety, care and cleanliness of the Premises and Building, and for the preservation of good order therein. Licensee shall be responsible for the observance of all of the foregoing rules by Licensee’s employees, agents, clients, customers, invitees and guests. Licensor shall not be responsible to any Licensee for the non-observance, or violation, of any of these Rules by other Licensees.
40. Brickell Link additional services such as VOIP phone services, parking validations, notary services, conference room reservations and/or others are paid in advance.