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RULES AND REGULATIONS GOVERNING THE USE OF SHOPPING CENTER COMMON AREA
A. The Management Company of the Shopping Center is pleased to permit non-commercial, promotional and community service activities to be conducted within the enclosed pedestrian arcade or on the parking lots of the Shopping Center (hereinafter called “Common Area”) by interested persons and organizations approved by Management in its sole discretion (hereinafter called “Users”). To accommodate such Users in a manner and to an extent consonant with the primary purposes of the Shopping Center, the Management adopted the rules and regulations contained herein in order to facilitate such use of the “Common Area.”
B. The commercial activity of the Shopping Center, tenants, their owners, officers, directors, employees, customers and invitees are the primary activities of the Shopping Center. All other Users cannot conduct any other activity within the Shopping Center without having first obtained a permit for such activity from the Management. Such permit shall be granted only for use of that area designated as “Common Area.”
C. A User may apply for a permit to use the “Common Area” within the Shopping Center at the Property Management office during the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. Application shall be in the form set forth by the Management and subject to these rules and regulations and should be made no later than 30 days prior to the day requested by the User for use of the “Common Area”.
D. In making a determination as to whether a permit to use the “Common Area” within the Shopping Center shall be issued, Management shall evaluate the following: The nature of the activity; the dates, times and duration of the activity; the risk of injury to any person or properties; the risk of unreasonable interference with the aforementioned commercial activities of Shopping Center tenants and their owners, officers, directors, employees, customers and invitees. Management will consider applications on first-come, first-served basis.
E. Each User shall agree to comply with the following conditions and rules:
1. The activity shall be confined to a specific use of the “Common Area” as set forth in detail on the Application and will be limited to date and times specified on such Application and confined to the “Common Area” as determined by Management.
2. Users shall at all times during its use of the “Common Area” provide sufficient supervision and maintain adequate control of its members, guests or invitees. Management, in its sole discretion, shall determine if any User is not neatly dressed. Any User violating this paragraph shall be asked to leave the Shopping Center immediately.
3. In the event there are any licenses or permits required by any governmental agency or authority with respect to the type of activity carried on, Users shall be responsible for obtaining such licenses, authorization or permits. No unlawful activities shall be permitted in the use of the “Common Area” including but not limited to the use of alcoholic beverages or gambling.
4. If the application is for any activity which may reasonably be expected to cause public disorder or injury to any person or property or to require substantial cleaning, repairs, or restoration in order to return any area of the Shopping Center to the condition existing immediately prior to the commencement of the activity, the Management may, as a condition to granting a permit, require security for the performance of the Applicant’s obligation as licensee under such permit and these rules and regulations. Such security shall be in a form satisfactory to the Management and may be a cash deposit, a bond, insurance policy, or other adequate assurance of the applicant’s performance. Where such determination is made and insurance is required, such insurance shall be in the minimum of a general comprehensive or public liability policy having limits of $1,000,000.00.
5. Unless otherwise permitted by Management the User shall not vend or peddle, or solicit orders for sale or distribution of merchandise, devices, services, periodicals, books, pamphlets, tickets or other material whatsoever. User shall not exhibit any sign, plaque or banner, notice or any other written material in or around the Shopping Center without prior written approval by Management.
6. The User shall not use any vehicle, motor, camera, lighting device or projector on the “Common Area” without prior approval of Management.
7. The User shall not engage in any fighting or direct use of any physical force, abusive or obscene language or threats toward any other person or engage in any other form of unreasonable behavior such as the making of unreasonable noise or coarse or offensive utterance, gesture or display which causes or is likely to cause significant public inconvenience, annoyance or alarm. In addition, the User shall not permit the emission of noise or odors or use any device or paraphernalia which may constitute a nuisance such as loudspeakers, sound amplifiers, radios, televisions or phonographs without prior written approval by Management.
8. Any interested person or organization using the “Common Area” shall not engage in any conduct which might interfere with or impede the use of any other facilities of the Shopping Center by any customer, business invitee or employee, employer, or tenant or create a disturbance, attract attention or harass, annoy, disparage or be detrimental to any of the retail establishments of the Shopping Center. Management, in its sole discretion, shall determine whether such objectionable conduct has occurred.
9. The “Common Area” shall be surrendered in the same condition as it was upon commencement of its use. All expenses incurred to maintain order and to keep the “Common Area” free from rubbish will be borne by the User.
10. If the Management shall deem the use of the “Common Area” objectionable, at its sole discretion, it may, without any notice whatsoever, terminate the rights of the User to use the “Common Area.” All such persons shall immediately remove themselves from the Shopping Center, the enclosed pedestrian arcade, and the adjoining grounds and parking lots.
11. All users of the "Common Area" shall, prior to occupying the "Area" for use, notify the Manager of the Shopping Center at least 30 minutes before such use.
12. The User shall not obstruct the free flow of pedestrian or vehicular traffic on walkways, sidewalks, stairways, escalators, roads, driveways, parking lots or any other area regularly used for such traffic within the Shopping Center.
13. Notwithstanding anything herein to the contrary, Management may in its sole discretion permit or not permit any person or organization to use the common area or require a User to leave the common area or forcibly remove a person and/or other material, all without any liability whatsoever for any damages, claims, losses, actions, suits arising from such removal.