Legal Agreement: Terms of Service
The Alliance Center and User agree that it is in their mutual best interests that the Building and Premises be operated and maintained in a manner that is environmentally responsible, fiscally prudent, and provides a productive and mission-enhancing workspace for all occupants. This agreement and its supporting documents are all meant to support a building community that models sustainability while working together to transform a vision of a sustainable future into reality.
This TERMS OF SERVICE (the “Agreement”) is made on the Effective Date specified below between Alliance Center LLC (“Alliance Center”) and User. The Alliance Center reserves the right to modify and/or update the Agreement at any time without notice.
Under this Agreement, The Alliance Center agrees to allow User the right to use certain designated workspace resources identified below (the “Resources”) all of which are located in that certain building, commonly known as The Alliance Center, 1536 Wynkoop St, Denver, CO 80202 (the “Building”), together with the appurtenant pedestrian sidewalks, landscaped areas, patios, shipping and receiving areas. In addition to these Resources, The Alliance Center may also provide User access to knowledge resources, online platforms and other services (“Services”). The Services at all times are subject to this Agreement.
GENERAL TERMS
1. TERM. Alliance Center licenses the use of the Resources to User for the Term.
2. USAGE FEES. User shall pay Alliance Center the fees set forth on the website for use of the Resources which shall include, but are not limited to, certain operational expenses of The Alliance Center, including charges for accounting and billing services, building insurance, elevator maintenance, fire alarm system, janitorial service (including supplies), landscape care/snow removal, legal fees, licenses (e.g. elevator), parking area maintenance, property management, routine repairs and maintenance (parts and labor), recycling, supplies, security system, taxes, trash removal, and utilities (“Usage Fees”). Usage Fees may be increased upon notice by The Alliance Center to User. User will pay the Usage Fees to The Alliance Center in advance on the first day of each calendar month. Notwithstanding the foregoing, User shall pay to Alliance Center charges for RESOURCES.
(a) Resources. “Resources” means the identifiable physical work area established for User’s use as described in this Agreement, may be either on an exclusive-basis or non-exclusive basis, and may include, without limitation, desks in an open work environment, enclosed offices, “hot desks,” storage spaces, and similar spaces as may be designated by The Alliance Center from time to time. During the Term, User shall have the use of the Resources only for office and clerical uses; provided, however, that User may have access to certain secured Resources, including file cabinets and storage areas on an exclusive basis for office and clerical uses (“Exclusive Resources”). Exclusive Resources means any exclusive resource designated to a specific User and includes (i) reserved desks in open work arrangements and (ii) enclosed office spaces. Unless otherwise agreed, Exclusive Resources include a desk, chair, personal storage solution and high-speed internet. By contrast, Exclusive Resources do not apply to Hot Desk Resources (pursuant to Section 5 below). User acknowledges that User shall have no expectation of privacy with respect to The Alliance Center’s internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and User’s activity and any files or messages on or using any of those devices or systems may be monitored at any time without notice, including for security reasons and to ensure compliance with The Alliance Center’s policies, regardless of whether such activity occurs on equipment owned by User or The Alliance Center.
(b) Additional Resources. If User is not in default under this Agreement, User may request in writing that The Alliance Center provide additional Resources (“Additional Resources”). Upon receipt of such request, and in The Alliance Center’s sole discretion, The Alliance Center may make available Additional Resources to User subject to additional Usage Fees as may be quoted by The Alliance Center to User. Applicable pricing will be pursuant to the prevailing rate under the published rate sheet and not subject to any bulk discounts. This Agreement, and rights granted in this Agreement, shall be in the nature of a license to use and shall not be construed as a lease or grant any rights of possession whatsoever; provided, however, each resource, excluding Hot Desk Resources, shall be assigned to and occupied by a single User at a time. User expressly acknowledges that no parking is provided to User under this Agreement.
(c) Condition of Resources; As-is Basis. User shall accept the Resources in their “as is” condition. The Alliance Center shall not be deemed to have made any representations or warranties with respect to the suitability of the Resources for User’s use, or otherwise. By taking possession of the Resources, User shall be deemed to have agreed that the same is in good order, repair, and condition, and satisfactorily completed in accordance with The Alliance Center’s obligations hereunder.
3. HOT DESK RESOURCES. “Hot Desk Resource” means flexible, ad-hoc work stations provided by The Alliance Center to User on a daily, first-come-first-serve basis. During the Term, User may have the use of a Hot Desk Resource and such Hot Desk Resources are not designated to a specific User and are intended to be accessed by other Users on a non-exclusive basis. User shall be assigned a specific Hot Desk Resource by The Alliance Center on a daily basis. Alliance Center does not make any assurances that a particular Hot Desk Resource will be available for User and Alliance Center shall use commercially reasonable efforts to ensure that sufficient Hot Desk Resources will be available.
4. CONDITION OF RESOURCES. User will surrender the Resources and all furniture, fixtures and equipment related to the Resources to Alliance Center at the end of the Term in the same condition as the date of the Effective Date, ordinary use and wear thereof only excepted. Subject to the conditions outlined in the Damage to Resources pursuant to Section 12 below, Alliance Center agrees to maintain Resources and all furniture, fixtures and equipment related to the Resources at a consistent functional level and in reasonably good condition throughout the term, ordinary use and wear thereof excepted.
5. USE; RULES AND REGULATIONS. User will not use or permit the use of the Resources or any part of the Building in any manner which may create waste or a nuisance, or which may obstruct or interfere with the rights of other users of the Building. User will abide by and conform to all rules and regulations from time to time adopted or prescribed by The Alliance Center, for the governance and management of Resources and the Building, including the Environmental Performance Regulations and the Community Covenant expectations. The Alliance Center does not control and is not responsible for the actions of other users or any other third parties (including any pets). If a dispute arises between Users or their invitees, guests or pets, The Alliance Center shall have no responsibility or obligation to participate, mediate or indemnify any party.
6. ENVIRONMENTAL PERFORMANCE The Alliance Center and User agree it is in their mutual best interest that the Building and Resources be operated and maintained in a manner that is environmentally responsible, and provides a safe and productive work environment (the “Environmental Performance Objective”). User acknowledges The Alliance Center’s Environmental Performance Objective. User shall conduct its operations in the Building in a manner consistent with the Environmental Performance Objective including to minimize: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) material entering the waste stream; and (iv) negative impacts on the indoor air quality of the Building. User agrees to participate in any measurement, monitoring, evaluation and remediation programs from time to time established by The Alliance Center in connection with the Environmental Performance Objective. Without limiting the foregoing, User agrees that any of The Alliance Center’s activities in respect of the Environmental Performance Objective, including its enforcement of or exercise of rights under the Environmental Performance Regulations, shall not constitute a breach by The Alliance Center of any obligation under this Agreement or provided in or implied at law, nor shall compliance with the Environmental Performance Objective be considered an eviction, actual or constructive, and such compliance shall not entitle User to terminate this Agreement or to an abatement or reduction of any Usage Fees.
7. TAXES. User shall pay all taxes, if any, levied on User or its business conducted at the Building. In the event that any business, rent, sales, use or other taxes, or any governmental charges on User’s use of the Resources or User’s business at the Building are levied, charged, enacted, changed or altered so that any of such taxes are levied against The Alliance Center, or the mode of collection of such taxes is changed so that The Alliance Center is responsible for collection or payment of such taxes, User shall pay any and all such taxes to The Alliance Center upon written demand.
8. INDEMNIFICATION; LIMITATION OF LIABILITY.
(a) Indemnification. User shall indemnify, defend, and hold harmless The Alliance Center, its officers, managers, members, directors, trustees, employees and agents, affiliates, successors, and assigns from all loss, damage, liability or expense, including attorneys’ fees, resulting from (i) any death, injury to any person or any loss of or damage to any property caused by or resulting from the use by User of the Resources; or (ii) breach by User of any of User’s obligation under this Agreement or its attachments, or any act, omission or negligence of User or any officer, employee, agent, contractor, invitee or visitor of User in or about the Building. Unless caused by the gross negligence of The Alliance Center, The Alliance Center shall not be liable for any loss or damage to person or property sustained by User, or other persons, which may be caused by the Building, or any appurtenances of it, being out of repair or by the bursting or leakage of any water, gas, sewer or steam pipe, or by theft or by any act of neglect of any User or occupant of the Building, or of any other person, or by any other cause whatsoever. Alliance Center shall not be liable for any damages arising from any user of the Building.
(b) Limitation of Liability. To the extent permitted by law, the aggregate monetary liability of any of The Alliance Center to User or User’s employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by User to The Alliance Center under this Agreement for the product or service from which the claim arose in the twelve (12) months prior to the claim arising. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE ALLIANCE CENTER BE LIABLE TO THE USER FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING LOSS OF GOODWILL, LOSS OF PROFITS OR BUSINESS INTERRUPTION, OR FOR THE COST OF ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
9. BROKERS. Alliance Center and User hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the negotiation of this License Agreement, excepting only the real estate brokers or agents specified on the Cover Page (the “Brokers”), and that they know of no other real estate broker or agent who is entitled to a commission in connection with this License Agreement. Each party agrees to protect, defend, indemnify and hold the other harmless from and against any and all Claims in any way arising or resulting from or in connection with any leasing commission or equivalent compensation alleged to be owing on account of the indemnifying party’s dealings with any real estate broker or agent other than the Brokers. Any commission due to the Brokers in connection with this License Agreement shall be payable by The Alliance Center pursuant to the terms of a separate agreement. The terms of this Section shall survive the expiration or earlier termination of the Term.
10. DAMAGE TO RESOURCES. User assumes full responsibility for the character, acts, and conduct of User’s action or inaction or of User’s agents, employees, directors, officers, patrons, guests or of any person admitted to the building or permitted to use the Resources by User (“User Guests”) and any damage to any portion of the Resources, the Building or any property therein. User will not injure, nor mar, nor in any manner deface the Resources or any equipment contained therein; not cause or permit anything to be done whereby the Resources or furniture, fixtures or equipment related to the Resources shall be in any manner injured; not drive or permit to be driven nails, hooks, tacks or screws into any part of the Building or the Resources or equipment contained therein; not make nor allow to be made any alterations of any kind to the Building, Resources, furniture, fixtures and equipment without the prior written consent of The Alliance Center, which may be withheld in its sole discretion. If the Building, Resources, furniture, fixtures and equipment are damaged by any action or inaction, default or negligence of User or User Guests, User shall promptly cause the Building or the Resources, or such furniture, fixtures and equipment to be returned to their condition as when it took possession, if so permitted by and subject to the sole direction of The Alliance Center. User agrees to pay the full replacement or repair costs for any damage User or User Guests cause to Building or Space or equipment contained therein. Replacement or repair costs will be invoiced to User and based on work actually performed or to be performed by The Alliance Center approved vendors and overseen by The Alliance Center staff. Notwithstanding the foregoing, all maintenance and repairs that may be made by User under this Agreement must be previously approved in writing by The Alliance Center and comply with the Environmental Performance Objective pursuant to Section 9.
11. COMPLIANCE WITH LAWS. User shall comply with all present and future laws, statutes, ordinances (including zoning ordinances and land use requirements), codes, rules, regulations, and orders of the United States of America and any other public or quasi-public authority having jurisdiction over the Building.
12. ENTRY AND INSPECTION. Except as otherwise provided in this Agreement, User’s use of the Resources is non-exclusive and The Alliance Center may access the Resources at any time and for any reasonable building operations purpose while User is utilizing the Resources or at any other time. The Alliance Center may access Exclusive Resources upon notification to User, provided, however, that in the event of an emergency, The Alliance Center may access Exclusive Resources immediately and without notice. User shall utilize all locks, access codes and other security devices provided by The Alliance Center and, except as may be agreed to by Alliance Center and User in writing, User shall not utilize any other device to secure Exclusive Resources. User acknowledges that the Resources may located in be in an open environment, and that The Alliance Center and other users, their respective, patrons, invitees, guests, contractors and employees will be present in this open environment. The Alliance Center shall not be liable for any loss or damage to person or property sustained by User, or other persons, related to the open environment.
13. NUISANCE. User shall not use the Resources for any unlawful purpose or in any way which will constitute a nuisance or interfere with Alliance Center’s use or other User’s permitted use of the Resources.
14. SAFETY AND SECURITY; HAZARDOUS MATERIALS. Users shall not keep any flammable, dangerous, corrosive, or explosive materials and Users or User Guests shall not bring in or keep any firearms in to The Alliance Center. User or User Guests shall not bring any living creatures other than workplace appropriate dogs as defined in the “Bring Your Dog to Work Policy” (Community Covenant, Section 9), including animals, reptiles, insects, birds, and fish into the Building, except service animals assisting person with disabilities or otherwise required by law, without the prior written consent of The Alliance Center. In no instances shall any animals other than service animals be brought into the first-floor café and event meeting spaces. Users shall not move equipment, materials, furniture, or other property in or out of the Building without prior written consent of The Alliance Center. User shall not attempt to modify or adjust the building security and safety measures including but not limited to blocking fire exits, covering security cameras, modifying doors or openings, propping exterior doors. User shall not cause or permit any substance which is deemed hazardous or toxic by applicable laws to be generated, used, released, stored or disposed of in or about the Building.
15. SIGNAGE. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed on any part of the outside or inside of the Building without prior written consent of The Alliance Center.
16. INDEPENDENCE OF USER. User is not owned, operated, sponsored, affiliated, or otherwise under the direction or control of Alliance Center. Alliance Center has no authority or control over any aspect of User’s operations, except as provided in this Agreement. User is an entity entirely independent of Alliance Center related only by the independent contractual terms of this Agreement.
17. NO WARRANTIES BY THE ALLIANCE CENTER. This Agreement does not contain any implied covenant, warranty or agreement on the part of The Alliance Center, and there are no verbal agreements between The Alliance Center and User, and no agreements exist between them except those representations, warranties and agreements expressed in writing in this Agreement.
18. INSURANCE. The Alliance Center carries Liability and Business Personal Property insurance. User is not required but is strongly encouraged to carry an insurance policy to cover their own equipment and personal property while using The Alliance Center. That policy may cover your current residence/office, as well as the The Alliance Center Building. The Alliance Center’s insurance does not provide coverage for User's personal property or liability. DEFAULT. If either party fails to abide by and perform all covenants, stipulations and conditions of this Agreement or under the Event Space Usage Agreement (if applicable), the other party may, at its option, immediately consider the other party in Default under this Agreement. Any failure by the Either Party to elect to terminate this Agreement for any default by the other Party shall not be deemed a waiver by the other Party of any rights with respect to any subsequent default. The rights of The Alliance Center expressly set forth in this Agreement with respect to User’s default shall not be exclusive, and shall be in addition to any rights available to The Alliance Center at law. Without limiting the foregoing, The Alliance Center’s failure to achieve the Environmental Performance Objectives shall not be deemed a default by The Alliance Center of its obligations under this Agreement. If Alliance Center is in Default under the terms of this Agreement, User shall provide written notice to Alliance Center of this Default. Alliance Center shall then have thirty (30) days to cure. If User is in default, Alliance Center shall provide User with written notice of the default. If the User’s default is of a monetary nature or the product of violating the Rules and Regulations (see Section 8 above) of The Alliance Center, User shall have five (5) days to cure upon receiving written notice. If Default is the result of any other violation of this Agreement, User shall have thirty (30) days to cure the default. Either party may terminate this Agreement if the other party fails to cure a Default as set forth in this Section by providing written notice to the other party which shall state the nature of such party’s noncompliance. If the other party remedies during the cure period, such notice of intent to terminate shall be null and void.
19. EXPIRATION AND SURRENDER. At the expiration or termination of this Agreement, User will, within 24 hours, remove any of User’s property located at or in the Resources and surrender the Resources to The Alliance Center. Additionally, User shall surrender Resources in the same condition as when it took possession, reasonable wear and tear excepted.
20. SUBORDINATION. This Agreement is and shall remain subject and subordinate (i) to any document encumbering title to the Building or the property on which the Building sits, including, without limitation, any historic preservation or conservation easement and any amendments or modification thereto, and (ii) to the lien of all current and future “Mortgages” (which term shall include both construction and permanent financing and shall include mortgages, deeds of trust, deeds to secure debt and similar security instruments) and ground leases that may now or hereafter encumber the Building and/or the land on which the Building is located, or any part thereof, and to all renewals, extensions, modifications, recasts or refinances of any of the foregoing.
21. ATTORNMENT UPON CONTINUATION. The Alliance Center and User agree that in the event of a sale, transfer, or assignment of The Alliance Center’s interest in the Building or any part thereof, or the land on which the Building is located, that User will attorn to and recognize such sale, transfer or assignment or underlying lessor or mortgagee under the Agreement provided that such party agrees that User’s rights hereunder shall continue following such conveyance.
22. ASSIGNMENT AND SUBLICENSING. User shall not, without The Alliance Center’s prior written consent, sublicense all or any part of the Resources, nor assign this Agreement or any interest herein, except as provided herein.
23. CASUALTY. If the Building is damaged by fire or other casualty, The Alliance Center shall have no obligation to rebuild, replace, or repair the Building. As soon as reasonably possible, The Alliance Center shall notify User of The Alliance Center’s sole and subjective opinion as to length of time required for repairs of such damage (“Repair Notice”). In cases where any Resources are unusable, until such repairs are completed, Usage Fees shall be abated in proportion of any Resources that are unusable by User in the conduct of its business (but there shall be no abatement of Usage Fees by reason of any portion of the Resources being unusable for a period shorter than twenty-four (24) hours). Such abatement is applicable to damaged Resources that are the result of no fault of User only; if the damage is to shared spaces, no abatement will be applicable. If the damage is due to the fault or neglect of User or User Guests, there shall be no abatement, and User shall be liable for repair costs.
24. REPRESENTATION. Alliance Center represents to the best of its knowledge, that the Resources are ADA compliant and fully accessible in that regard, including but not limited to Building and Premises entrances, common areas and restrooms used in conjunction with the Resources. Common Area means all areas and facilities excluding the Resources, provided and designated for the common use and convenience of User and other users of the Building, their respective officers, agents, employees, customers and invitees. Common Areas include, but are not limited to, corridors, lobbies, pedestrian sidewalks, stairways, landscaped areas, restrooms, conference rooms, elevators and shipping and receiving areas of the Building. If at any time during the Term of this Agreement, a regulatory body, local state or federal, determines that the Building and or the Premises are not in compliance with ADA, Alliance Center will make all required modifications within a reasonable period of time or be in Default under the terms of this Agreement. Alliance Center further agrees that any future building improvements shall be ADA compliant. Alliance Center represents and warrants, to the best of their knowledge, no hazardous material exists in, on or about the Building. If Alliance Center becomes aware of the presence of hazardous materials or conditions that jeopardize the welfare of User, Alliance Center will notify User in writing immediately upon awareness of the problem. Alliance Center will remedy the problem within a reasonable amount of time or be in Default of this Agreement.
25. CONDEMNATION. If all or any portion of the Building is taken as a result of the exercise of the power of eminent domain or condemnation for public or quasi-public use or the sale of all or part of the Building under the threat of condemnation (a “Taking”), then The Alliance Center may terminate this Agreement. If a Taking directly affects a Resource, then User may terminate this Agreement. User shall have no rights whatsoever to any condemnation award paid to or owning to The Alliance Center.
26. FORCE MAJEURE. In the event that either party shall be directly or indirectly delayed or hindered in or prevented from the performance of any act or obligation required of it under this Agreement by reason of acts of God, labor strike, lockout, inability to procure materials, failure of power, riot, insurrection, war or warlike act, terrorist act, utility blackout or brownout, epidemics or pandemics, the imposition by federal, state or local governmental authorities of quarantine requirements, inability to obtain services, labor, or materials or reasonable substitutes therefore as a result of any epidemic or pandemic, or the imposition by federal, state or local governmental authorities of "shelter-in-place" or quarantine requirements, governmental actions, including national or state imposed states of emergency, civil commotions, fire or other casualty, and other causes or legal requirement or other reason not within the reasonable control of that party obligated to perform (collectively, the “Force Majeure”), then performance of such act or obligation by that party shall be excused for a period equivalent by the period of such delay in such party’s performance caused by a Force Majeure. Notwithstanding the foregoing, the provisions of this Section shall not apply to or affect any rental or other monetary obligation hereunder.
27. NOTICES. Any notice which either party may or is required to give, shall be given in writing to the parties at the addresses shown on the Cover Page and shall be given: (i) on the third day after the date mailed by certified mail, postage prepaid; (ii) one-day after deposited if sent priority overnight delivery; (iii) on the date sent by email with read receipt; or (iv) when delivered by hand.
28. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and the parties hereby agree and consent to the exclusive jurisdiction and venue of any state or federal court located in Denver, Colorado.
29. SEVERABILITY AND ENFORCEABILITY. The terms of this Agreement are severable, and in the event that any specific term herein is determined to be unenforceable the remainder of the Agreement shall remain in full force and effect. If any provision in this Agreement is found to be invalid, illegal, or otherwise unenforceable, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally intended by the parties.
30. HOLDING OVER. If User continues to use and Resources or shared spaces after the expiration of the term hereof, without the execution of a new Agreement, User shall be deemed to have created a month-to-month license to use the Resources, terminable on written notice given ten (10) days before the end of a calendar month by either Party to the other on the same terms and conditions as provided herein, except that the Usage Fees to be paid by User shall be equal to 125% of the Usage Fees paid by User immediately before the beginning of the holdover period.
31. TERMINATION. Alliance Center reserves the right to terminate any Service at any time. Alliance Center further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the terms in this Agreement. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY Alliance Center NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND ALLIANCE CENTER MAY IMMEDIATELY TERMINATE THE SERVICES FOR ANY REASON AT ANY TIME. Upon termination, you agree to immediately remove any and all of your personal property from the Premises.
32. MEDIATION. If a dispute arises out of or relates to this Agreement, and if the dispute cannot be settled through negotiation, the User and The Alliance Center shall first try to settle the dispute in good faith through mediation administered by the Judicial Arbiter Group, located in Denver, Colorado, or such other mediator the User and The Alliance Center may agree on, before resorting to arbitration, litigation or some other dispute resolution procedure. The mediator shall set a time and place for mediation, the first scheduled session of which shall not be later than fourteen (14) days after appointment of the mediator. The mediator shall determine the format for the mediation. The mediator will keep confidential all information learned in private meetings with any mediating party, unless specifically authorized by such party to make disclosure of the information to the other mediating parties. If the parties resolve the dispute during the mediation, the parties shall record the Agreement in a written document signed by the parties or their designated representatives. If the parties do not reach an Agreement on every issue in dispute within fifteen days after the first scheduled mediation session, the mediation proceeding shall be deemed terminated, unless the mediation period is extended by signed Agreement of all of the mediating parties. The fees of the mediator shall be shared equally by the mediating parties. The mediator shall be disqualified as a witness, consultant, expert or counsel for any mediating party with respect to the matters in dispute and any related matters. Nothing in this Section, nor the exercise of any right to mediation hereunder, shall limit the right of any party to obtain provisional or ancillary remedies before, during or after any mediation proceeding. The institution and maintenance of any action for such judicial relief, or pursuit of provisional or ancillary remedies, shall not constitute a waiver of the right or obligation of any party to submit any claim or dispute to mediation, including those claims or disputes arising from the exercise of any such judicial relief, or pursuit of provisional or ancillary remedies.
33. COSTS OF ENFORCEMENT. All costs including attorneys’ fees incurred by the party seeking the enforcement of any of the covenants, terms and conditions of this Agreement shall be paid to the prevailing party.
34. SUCCESSORS. All covenants, agreements, terms, and conditions contained in this Agreement shall apply to and be binding upon Alliance Center and User and their respective heirs, executors, administrators, successors and assigns.
35. PRIORITY. In the event of inconsistency between this (i) Agreement, its Terms and Conditions and its related Exhibits, Attachments, and Schedules and (ii) an Event License Agreement its Terms and Conditions and its related Exhibits, Attachments, and Schedules, this Agreement shall control.
36. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and no representations, promises or agreements, oral or otherwise, between the parties not contained in this Agreement shall be of any force and effect. No provision of this Agreement may be changed, waived, discharged, or terminated except in writing executed by Alliance Center and User.
37. USE OF SERVICES. User agrees that when participating in or using the Services, User will not:
(a) Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited message (commercial or otherwise);
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Alliance Center servers or bandwidth;
(d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
(e) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(f) Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(g) Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
(h) Restrict or inhibit any other user from using and enjoying the Services;
(i) Violate any code of conduct or other guidelines which may be applicable for any particular Service;
(j) Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
(k) Violate any applicable laws or regulations;
(l) Create a false identity for the purpose of misleading others;
(m) Obstruct any entranceway, create any circumstances of disrepair or damage any Alliance Center Property or Premises;
(n) Exceed usage limitations in relation to the shared conference spaces. All conference room space allotments or purchases are subject to availability. Unused time does not roll over or accrue from month to month.
(o) Otherwise violate this Agreement including the General Terms, Environmental Performance Regulations and Community Covenant.
38. REQUIRED DISCLOSURES The Alliance Center reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as The Alliance Center deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Alliance Center’s sole discretion.
ENVIRONMENTAL PERFORMANCE REGULATIONS
The Alliance Center is a mission driven building that strives to maximize occupant efficiency and minimize its environmental impact wherever possible. This section includes occupant regulations that will support The Alliance Center team in minimizing the building’s environmental footprint and ensuring that the building provides a healthy workplace for all users.
1. GENERAL. In accordance with the overall mission of The Alliance Center, the User shall participate in all programs related to, and comply with all policies related to the Environmental Performance Objective, including, without limitation, the Building’s recycling, waste management, energy efficiency, water conservation and transportation management programs as may be determined periodically by The Alliance Center.
2. NORMAL BUSINESS HOURS. The normal hours of operation for the Building, (“Normal Business Hours”) will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except legal holidays). There will be no normal hours of operation of the Building on Saturday, Sunday or legal holidays, and The Alliance Center shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by User ahead of time. User shall have access to the Building twenty-four (24) hours per day, every day of the year, subject to exclusion during emergencies or repairs if, in The Alliance Center’s sole judgment, such exclusion is necessary. The Alliance Center will furnish HVAC, utilities and related services required by this Agreement only during the Normal Business Hours of the Building unless otherwise specified in these Environmental Performance Regulations. For the avoidance of doubt, Alliance Center’s staffing obligations will not be subject to this Section 2.
3. WATER. The Alliance Center will provide hot and cold potable water to the restrooms on each floor in the Building; cold water (with cold-water risers provided by Alliance Center to the designated portions of the core of each floor of the Building) twenty-four (24) hours a day, seven (7) days a week. User consents to the use of water-saving appliances, such as waterless urinals, and other equipment as may be otherwise consistent with the Agreement’s Environmental Performance Objectives. User shall ensure that all water faucets, water apparatus, and utilities are shut-off to prevent waste or damage. User shall not use the washrooms or other water fixtures for any purposes other than those for which they were intended, and no foreign substance of any kind shall be put into them.
4. AIR QUALITY. User shall not take any action that would cause The Alliance Center to fail to meet any indoor air quality compliance program, including LEED standards relating to indoor environmental quality. Without limiting the foregoing, User shall not introduce into the Building any substance which may negatively affect the indoor air quality or add an undue burden to the cleaning or maintenance of Building. User shall not permit smoking in any part of the Building or within 25 feet the Building’s (i) entrance, (ii) outdoor air intakes and (iii) operable windows. Notwithstanding the foregoing, User shall be (and shall cause User Guest’s to be) in compliance with all laws, regulations and ordinances relating to smoking. User shall not utilize any cleaning supplies, office supplies or other substances that are inconsistent with any green cleaning policy implemented by The Alliance Center from time to time. User shall not obstruct or impede any ventilation or filtration system in the Building and User shall comply at all times with any policies relating to ventilation and filtration implemented by The Alliance Center from time to time.
User shall also submit to air quality tests sufficient to substantiate compliance with these regulations and with any policies of The Alliance Center implemented from time to time, and User shall provide such records to The Alliance Center upon request. User shall complete and return to The Alliance Center or any consultant, contractor or agent engaged by The Alliance Center to user surveys regarding indoor air quality and indoor comfort conditions.
The Alliance Center agrees to implement an indoor air quality management program consistent with the latest LEED indoor air quality standards. Alliance Center also agrees to meet current LEED outdoor air ventilation rate requirements, filter standards and implement a green cleaning policy. If updated LEED compliance requirements create unreasonable administrative or financial barriers to adoption, then Alliance Center still agrees to document and implement an indoor air quality management program consistent with the overarching goals of LEED air quality standards.
5. WASTE REDUCTION. User shall see that all water faucets or apparatus, cooking facilities, and office equipment, excluding office equipment required to be operative at all time, are shut off before the User or employees leave the Premises at night, so as to prevent waste or damage. For any default or carelessness in this regard the User shall be responsible for any damage sustained by other Users or occupants of the Building or Landlord. User and its employees are responsible for turning off all lights and other electrical devices when leaving their office or workstation.
6. HEATING, VENTILATION AND AIR CONDITIONING. The Alliance Center will provide heating, ventilation and air conditioning (HVAC) during Normal Business Hours, in season at such temperatures and in such amounts, as The Alliance Center shall determine in its sole discretion to be consistent with the Agreement’s Environmental Performance Objectives. Alliance Center will use reasonable efforts to provide and maintain air filtration with filters having a minimum efficiency reporting value (MERV) as determined by the latest ANSI/ASHRAE Standard. The Alliance Center may, in its sole discretion, make HVAC available to the Building outside Normal Business Hours in accordance with all applicable provisions of this Agreement. Except during Normal Business Hours, HVAC shall be furnished only upon request of User with a minimum of 72 hours’ notice. User shall bear the costs to provide HVAC to the Building to The Alliance Center at The Alliance Center’s specified rate. User may request such HVAC service for one or more floors constituting the Building. User shall not conduct, nor permit to be conducted in the Building any activities that produce or emit unusual amounts of heat, nor shall User use or permit to be used any portable heaters nor refrigeration equipment nor any other devices or appliances, including electronic and non-typical computer equipment, which produce or emit unusual amounts of heat, without prior written consent from The Alliance Center.
7. ELECTRICAL FACILITIES. The Alliance Center shall provide electricity for standard office equipment, as and to the extent determined by The Alliance Center. User agrees, should User’s or any other user’s electrical consumption be in excess of such quantity, that The Alliance Center may charge a fee for the excess usage from User’s devices or appliances. User agrees and consents to The Alliance Center installing, at its sole discretion, at any time during the Term, electrical energy consumption monitoring equipment and meters in order to measure User’s energy consumption, whether singly or in the aggregate with other Users. User agrees and consents to The Alliance Center using energy efficient light bulbs in task lighting, using day lighting measures to avoid over lighting interior spaces, using automatic dimmer switches and motion detectors on lighting fixtures when feasible, turning off such lights and equipment as is feasible and at the end of Normal Business Hours each work day, and purchasing EPA’s ENERGY STAR qualified equipment when such equipment is commercially available and financially feasible. All User-supplied light fixtures, including task lamps, and replacement bulbs for User’-supplied light fixtures shall utilize either fluorescent or LED bulbs. When purchasing new equipment, user shall use only EPA’s Energy Star qualified office equipment when commercially available and financially feasible, including CPUs (desktop and laptop), monitors and other peripheral equipment.
8. ELECTRICAL SUPPLIES. The Alliance Center shall contract for the Building’s electrical energy, which shall be redistributed to User. The Alliance Center reserves the right to change electricity providers at any time and to purchase green or renewable energy.
9. USER PURCHASING. The Alliance Center adheres to an environmentally preferable purchasing policy in accordance with then-current LEED standards. The Alliance Center encourages User to adopt and implement an environmentally preferable purchasing policy for materials acquired for User’s business in the Building and is available to advise User in the creation and implementation of such a purchasing policy. User purchasing policy is to prioritize eliminating waste by maximizing source reduction and reuse. For unavoidable purchases, User is to maximize post-consumer recycled content, locally sourced, bio-based, and third-party certified products wherever possible. Examples of common office-based product third-party certifications include, but are not limited to, Forest Stewardship Council certified paper products, USDA Organic and Fair-Trade certified food products, ENERGY STAR qualified electronic equipment and Electronic Product Environmental Tool (EPEAT) rated electronic equipment.
10. RECYCLING AND WASTE MANAGEMENT. User will comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities, departments, commissions, agencies and boards regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish, compostable waste and other refuse and with The Alliance Center’s recycling and composting policies. As part of The Alliance Center’s recycling policies, The Alliance Center may (i) conduct a waste stream audit for the Building and each User, including gathering information about paper, glass, plastics, cardboard and metals in the Building’s and User’s waste stream; (ii) require User to sort and separate its trash, recycling, and compost, and place in separate receptacles as directed by The Alliance Center; (iii) provide a recycling program for toner cartridges, fluorescent light bulbs, batteries, and mobile phones; and (iv) develop a waste disposal program that tracks types of waste loads, weights, hauling service, landfill or other repository name, and date accepted by the landfill or other repository; (iv) develop a compostable waste program for all compostable wastes; and (v) provide mandatory occupant education for User’s employees to encourage participation in these programs. User shall pay all costs, expenses, fines, penalties or damages that may be imposed on The Alliance Center or User by reason of User’s failure to comply with the provisions of this Section.
11. JANITORIAL AND CLEANING SERVICES. User and The Alliance Center agree that in the interests of controlling energy consumption, maintaining building security, and minimizing the environmental footprint of the Building, The Alliance Center shall provide the janitorial services during hours it deems reasonably necessary for the operation of a Class B office building. The Alliance Center commits to providing janitorial services that shall use non-disposable or recyclable janitorial paper products and trash bags when price, quality and availability are comparable to conventional products. Both The Alliance Center and User (to the extent of User’s own cleaning of the Resources), shall adopt a low environmental impact cleaning policy and shall use only cleaning equipment that reduces impacts on indoor air quality
12. ENERGY STAR® RATING. Energy Star is a joint program of the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy to improve energy performance in buildings and reduce greenhouse gas (GHG) emissions. The Alliance Center is committed to meeting the standards required to carry the Energy Star label.
13. ENVIRONMENTAL PERFORMANCE INFORMATION. User will provide to The Alliance Center, upon request, such information about User’s use of the Resources as may be in the possession of User or User’s employees or consultants, as may be applicable, to determine or maintain compliance with the Environmental Performance Objective. Such information may include, without limitation, staffing levels, hours of operation, utility usage, commuting patterns (to the extent reasonably determinable), cleaning methods, build-out materials and techniques, furniture, fixtures and equipment inventories, and other purchasing information and information about paper, glass, plastics, cardboard, metals and other materials in the Building’s waste stream (“User Performance Information”). Such information may be requested in the form of periodic surveys, interviews, questionnaires and similar requests, and User agrees to provide such information promptly and accurately to The Alliance Center. The Alliance Center reserves the right to impose a fee or other penalty applicable to User in the event that User fails to provide such information in a prompt and accurate manner. The Alliance Center may provide such information to third party organizations, including to the U.S. Green Building Council or the Green Building Initiative, or their affiliates or subsidiaries, or any comparable third-party certification agencies now or hereafter in existence, in order to substantiate any third-party rating or any other sustainability standard. A party shall not use, nor allow any of its parent, subsidiary or affiliates or architects, engineers, other consultants or advisors, sub-users, assignees or others claiming by or through that party to use, any such information to challenge any sustainability score, rating, certification or other approval granted by any third party. The Alliance Center agrees that any results provided to other Users or organizations will be anonymous unless otherwise agreed by User.
14. ALLIANCE CENTER OR THIRD-PARTY PROGRAMS. The Alliance Center may, from time to time, decide to develop, maintain and/or operate the Building in accordance with third-party accreditations, ratings or certifications that relate to sustainability issues, energy efficiency or other comparable goals. User agrees to comply with all mandatory and voluntary energy, water or other conservation controls or requirements applicable to office buildings issued by the federal, state, county, municipal or other applicable governments, or any public utility or insurance carrier including, without limitation, controls on the permitted range of temperature settings in office buildings or requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Agreement that conflict or interfere with compliance by The Alliance Center with such controls or requirements shall be suspended for the duration of such controls or requirements. The Alliance Center shall be entitled at any time and from time to time to undertake greenhouse gas production monitoring and testing, including testing within the Building on reasonable notice to User.
COMMUNITY COVENANT
The Alliance Center is a multi-faceted nonprofit with an event and collaborative working space in our green building located in the heart of Denver. We convene and mobilize our network of nonprofit organizations, for-profit businesses, government agencies, academic institutions and community members to collaboratively create sustainability-focused solutions.
We are explorers and innovators—working at the leading edge of sustainability to support a healthy planet, a strong democracy and a thriving economy. We create solutions through the strength of partnerships. The Alliance Center is an asset for our community—creating the space for people to do great things.
To achieve our mission, The Alliance Center and Alliance Center Tenant-Partners (referred to as “Users” in legal License Agreement and this document) agree that it is in their mutual best interests that The Alliance Center and Premises be operated and maintained in a manner that is environmentally responsible, fiscally prudent, and provides a safe, healthy, productive and mission-enhancing workspace. This Community Covenant outlines the actions and guidelines deemed important in order for The Alliance Center to achieve this lofty goal, foster a strong community and provide a vibrant, highly productive workplace for its Tenant-Partners.
Just as we believe sustainability requires a never-ending search for improved effectiveness, we believe that The Alliance Center will only achieve our vision if we get the best ideas from all parties involved. We welcome all ideas and want feedback from our Tenant-Partners and look forward to working with you!
1. GOOD NEIGHBOR GUIDELINES
The Alliance Center is intentionally designed to maximize collaboration and productivity by providing spaces suited for a variety of work functions. Specifically, workstations allow Users to work in a quiet workspace, while conference rooms and huddle rooms are available for collaborative work.
The Alliance Center’s focus on collaboration and productivity means that building Users work all day in close proximity to one another. In order to ensure a pleasant and productive work environment, please follow the following guidelines to help us realize The Alliance Center’s highly collaborative and productive vision.
(a) Please try to minimize cross office conversations or congregating outside someone’s workstation.
(b) Users are asked to work with other members of the building to ensure that work spaces are clean and reflect a professional environment that supports the work of everyone in the building.
(c) Headsets are encouraged for conference calls whenever possible and speakerphones are not recommended within the open workstation arrangement. Meeting rooms and phone booths are available for conference calls that cannot be completed using a headset.
- SHARED SPACES AND AMENITIES
(a) The Alliance Center is committed to providing building members with access to certain shared spaces and amenities. These shared spaces include a first-floor meeting and event space, “break out” spaces and other meeting rooms, changing and shower facilities, a shared pantry, ADA compliant restrooms, mailboxes, corridors, lobbies, pedestrian sidewalks, stairways, landscaped areas, drinking fountains, rest rooms, elevators, outdoor work spaces and parking areas. Amenities may include kitchen, sinks, refrigeration facilities, bike parking, and office equipment, such as copiers.
(b) The Alliance Center may withdraw, limit or suspend access to any or all of such shared spaces or amenities, or may charge reasonable amounts for such access and use, for purposes including maintenance, repair, or for special events. The Alliance Center will try to notify Users of such disruptions in advance whenever possible.
(c) The Alliance Center strives to provide access to meeting spaces or any other shared spaces, but spaces may be available on a first-come, first-serve basis and, if demand on such spaces is greater than availability, The Alliance Center may allocate availability of such spaces on a pro-rata basis among all Users according to the number of resources (workstations, private offices) utilized by all such Users, set limitations on meeting space usage or using another method that The Alliance Center deems reasonable.
(d) Meeting rooms are available for rent to businesses, organizations, and community groups, including Users, to conduct group workshops, meetings, or similar activities. A room may be available to Users on a free or discounted basis. Users will not store materials, supplies, or equipment in shared spaces.
(e) As a community member, Users agree to work with their employees, customers, and invitees to clean up after themselves when using such areas and amenities to ensure materials and equipment located in such areas (including but not limited to dishes and glassware, chairs, furniture, etc.) are left in the manner they are found.
(f) If The Alliance Center feels that a User’s behavior is negatively impacting the cleanliness and effectiveness of shared spaces and amenities, including leaving dirty dishes or conference rooms untidy, The Alliance Center reserves the right to pass on to User, and User agrees to pay, any reasonable and customary cleanup costs.
3. USER FEEDBACK AND TESTIMONIALS
In order to allow The Alliance Center to track impact, Users agree to provide stories and/or testimonials, including examples of successful collaboration and other experiences, on a quarterly basis. Each User may designate a point person to compile the information to be sent to The Alliance Center staff. The Alliance Center will provide guidelines to aid in the creation of impactful stories.
The Alliance Center’s Users also agree that their employees will participate in semi-annual surveys regarding their experience in The Alliance Center. The Alliance Center will create and send the survey to all members in the building.
4. SECURITY AND SAFETY
(a) The Alliance Center is committed to providing a safe and secure working environment and may adopt the appropriate systems, procedures and technologies necessary for the security and safety of the Building and its Users. Users agree to comply with The Alliance Center’s reasonable requirements in respect to such systems, procedures, and technologies for the safety of the community.
(b) The Alliance Center may ask Users to participate in fire drills and evacuations of the building, and, in the event of an emergency, Users agree to vacate the Building if The Alliance Center or any public authority so directs.
(c) For the safety of all building members, Users are not to keep any flammable, dangerous, corrosive, or explosive materials and are not to bring in or keep any firearms in to The Alliance Center.
(d) Subject to applicable fire or other safety regulations, all doors opening onto Common Areas and all doors upon the perimeter of the Premises are to be kept closed and, outside of Normal Business Hours, locked, except when in use for ingress or egress.
(e) Users are asked to ensure that entrance doors to The Alliance Center are locked immediately after using such doors, especially outside of normal business hours. Users are also asked to ensure that suite doors are closed and locked before leaving the Premises at night.
(f) Users are asked not to enter the mechanical rooms, electrical closets, janitorial closets, or similar areas or go upon the roof of the Building without the prior written consent of The Alliance Center.
5. BUILDING ACCESS
(a) The Alliance Center may control or prevent access to the Building by all persons whose presence, in the reasonable judgment of The Alliance Center, poses a risk to the safety or interests of the Building and its Users.
(b) Each User shall be responsible for all persons for whom it authorizes access and shall be liable to The Alliance Center for all acts of these persons. The Alliance Center may, at its option, require all persons entering or leaving the Building to register.
(c) Users should not obstruct nor use the entrances, passages, escalators, elevators and staircases of the Building or the sidewalks and driveways outside the Building for any purpose other than to enter and leave the Building.
(d) The Alliance Center will manage a building directory. Additions or changes to the directory will be approved by The Alliance Center.
6. KEYS, LOCKS, AND SECURITY SYSTEMS
(a) The Alliance Center may install or change locks and security systems on entrances to the Building to increase community safety and security. Users will be given a reasonable number of keys or other entry devices for each installation
(b) The Alliance Center will furnish each organization, free of charge, one key and/or key card per number of User’s full-time employees for which workstations or private offices are licensed within the building. Additional keys and access devices are to be purchased through The Alliance Center at the fees posted on The Alliance Center’s Rate Sheet and are not to be made by the User.
(c) Users are asked to immediately notify The Alliance Center if any keys or entry devices are misplaced, broken, or stolen. Replacement of misplaced or stolen keys or entry devices will be handled as quickly as possible by The Alliance Center and will be charged to the User.
(d) In order to ensure community safety and security, The Alliance Center may limit the number of key and/or key cards issued to organizations to an amount deemed reasonable by The Alliance Center beyond the commitment to provide each Tenant-Partner organization one key and/or key card per number of User’s full-time employees for which workstations or private offices are licensed within the building.
(e) To enhance building security, keys and entry devices will be assigned to individuals and are not be used by any other individual other than intended and assigned user. In order to track building access, The Alliance Center asks that the first and last name, email and phone number are provided for each building User in order to be granted a key or building access device upon approval. Organizations are asked to notify The Alliance Center staff prior to any change in key and/or key card ownership. Organizations are responsible for assuring that employees return keys and access devices upon termination. Failing to return keys and access cards could result in a fee to the Users.
(f) Users are asked not to install any additional locks or security systems on entrances to the Premises or the licensed Resources without the prior written consent of The Alliance Center. If necessary, The Alliance Center may remove such locks placed on or in the Building or within office suites and related costs may be billed to the organization.
(g) At the end of the License term, organizations should return all keys and/or combinations to all locks for safes, locked cabinets, and vault doors. If necessary, fees may be passed on to Users for replacement keys or re-keying of resources if keys are not properly returned.
7. GENERAL FACILITY MAINTENANCE
(a) In order for The Alliance Center to provide the best possible customer service, Users are asked to notify The Alliance Center staff if any problems are detected in the building, lobby, elevator, stairwells, parking area, corridors, as well as interior spaces. Any spills should be cleaned up immediately, and The Alliance Center personnel should be notified if special attention is needed from the cleaning crew. The Alliance Center asks that Users utilize the online work order system for notifying Alliance Center personnel for any non-emergency facility related work order requests at: https://www.thealliancecenter.org/tenant-portal/
(b) Building users are asked to utilize and appropriately sort food debris and wrappers into separate trash, recycling and compost containers. Microwaves should be wiped clean after each use, and members are asked to be aware of associated smells.
(c) The janitorial contractor will clean the refrigerators on the last Friday of every month or more often if deemed necessary by The Alliance Center. Condiments may be left in the refrigerators, but all other items will be thrown away unless clearly dated and labeled and the janitorial contractor will not be responsible for items disposed of during this process.
(d) To ensure sanitary conditions, only the specially provided ice scoop should be used for the ice machine(s).
(e) In order to keep toilets, urinals, washbowls, and other restroom facilities in good working condition, Users are asked to use these items only for their intended purpose and agree that no foreign substances of any kind will be disposed in them. The expense of any breakage, stoppage, or damage resulting from the violation of this rule shall be borne by the User who, or whose employee or invitees, have caused it.
8. USE AND OPERATION OF PREMISES
(a) User agrees to occupy and use The Alliance Center strictly for the purposes outlined in the License Agreement.
(b) Users are asked to use the specified first floor pantry for any and all food preparation. Only persons approved from time to time by The Alliance Center may solicit orders for, sell, serve or distribute foods or beverages or other items in the Building.
(c) Canvasing, soliciting, distribution of handbills or any other written material and peddling in or about The Alliance Center by User or User guests is prohibited.
(d) The Alliance Center’s written approval is required prior to conducting any sale or auction, public or private, in or about the building.
(e) The Alliance Center may institute reasonable regulations regarding messenger services and suppliers of bottled water, food, beverages, and other products or services to limit impacts on other building Users and resources. For example, The Alliance Center may establish a central receiving station in the Building for delivery and pickup by all messenger services, and may limit delivery and pick up at Premises to Alliance Center staff.
(f) The Alliance Center strongly supports alternative and sustainable transportation methods and is committed to providing bike storage and shower facilities for commuters. In order to maintain cleanliness and organization within The Alliance Center, Users are asked to store bikes in designated areas only. The Alliance Center will provide indoor lockable bike storage in the basement as well as outdoor options. Motorcycles, motor scooters, and any other vehicles are not to be parked or stored anywhere in the Building.
(g) The Alliance Center strives to be an example of sustainability in action. Users are asked to maintain indoor plants in a healthy state, and use fertilizers that meet EcoLogo, Green Seal, or equivalent standards and that no pesticides or herbicides are used within The Alliance Center. Users are encouraged to use overflow reservoirs and other methods to prevent leaks and are responsible for any water, surface or structural damage sustained to surfaces or the Building, including the surface of desks, shelves and window sills, and carpet and may be charged for any necessary repairs and/or replacement.
(h) User or User Guests shall not bring any living creatures, other than workplace appropriate dogs as defined in the “Bring Your Dog to Work Policy” (Community Covenant, Section 9), including animals, reptiles, insects, birds, and fish into the Building, except service animals assisting person with disabilities, dogs in compliance with The Alliance Center’s “Bring your Dog to Work Policy” described below or otherwise required by law, without the prior written consent of The Alliance Center. In no instance shall any animals other than service animals be brought into the first-floor café and event meeting spaces.
9. BRING YOUR DOG TO WORK POLICY
Building Users are welcome to bring service animals and dogs in compliance with The Alliance Center’s “Bring your Dog to Work Policy” described below. Users are responsible for ensuring their guest’s dogs act in compliance with the following policies.
(a) Dog(s) are well-behaved and do not present a danger or nuisance to the other Users and guests of the building, or any other dog, and do not cause any damage or destruction to the Building, licensed Resources or any other property.
(b) Owners are solely responsible for the care of such dog(s), and are not to leave dog(s) unattended, agree to clean up after such dog(s), and will not allow them to defecate or urinate near, on, or in the Building.
(c) Aggressive behavior may immediately lead to a ban and consent may be withheld in The Alliance Center’s sole discretion. Multiple complaints from fellow Users or visitors may also lead to a ban.
(d) The Alliance Center reserves the right to request the removal of any dog(s), and User agrees to immediately remove such dogs(s). If such dog(s) are not immediately removed, The Alliance Center may take any action reasonably necessary to removes such dog(s) and User agrees to defend and indemnify The Alliance Center for such removal.
(e) Employees of Users electing to bring their dog(s) to The Alliance Center agree to indemnify, release, waive, discharge, and hold harmless The Alliance Center, its officers, directors, trustees, employees and agents from all loss, damage, liability or expense, including attorneys’ fees, resulting from any death, injury to any person or any loss of or damage to any property caused by or resulting from any dog(s) brought on or into the Building by the building User or User’s Guests.
(f) In no instance shall any animals other than service animals be brought into the first-floor café and event meeting spaces.
- DELIVERIES AND MOVEMENT OF EQUIPMENT, MATERIALS, FURNITURE OR OTHER PROPERTY
(a) User shall not receive or make any deliveries to or from the Premises except through the entrances, elevators, and corridors and at the times designated by The Alliance Center.
(b) Users shall not move equipment, materials, furniture, or other property in or out of the Building without written consent. The Alliance Center will handle all moving and/or relocation of building resources, including workstations and desks.
(c) For the safety of all building members, Users should not place any objects of unusual size or weight or any objects which exceed the floor weight specifications of the Building, within The Alliance Center without prior consent. The Alliance Center shall prescribe the placement and positioning of all such objects within the Building and such objects shall, in all cases, be placed upon plates or footings of such size as shall be prescribed by Alliance Center.
(d) Only hand trucks or other material handling equipment equipped with rubber tires and side guards may be used in the delivery or receipt of merchandise, unless approved by The Alliance Center.
(e) The Alliance Center shall be notified within 72 hours and shall provide prior written approval, at The Alliance Center’s discretion, for any furniture, supplies, large items, or other materials that are moved into or out of the building. The Alliance Center staff may ask User to coordinate delivery or movement of such materials after normal business hours and may protect any elevators or stairways to prevent damage. The Alliance Center reserves the right to require the use of Masonite boards during any material move that, in The Alliance Center’s judgment, risks damaging the floor. User is responsible for any damage that may occur.
11. BUILDING, WORKSTATION AND OFFICE ALTERATIONS
(a) The Alliance Center’s office space is intentionally designed and furnished to maximize occupant productivity. Any alterations or tenant improvements to the space are to be approved by The Alliance Center in writing. The design, function, and maintenance of offices and workstations are essential to the productivity of all employees. Every effort has been made to ensure that employees work in areas that are conducive to productivity, and are pleasant, comfortable, and safe.
(b) Users are asked to use approved hangers and attachments and to be aware that items do not extend above the top of the workstation. In general, The Alliance Center asks that care be taken to never damage, tear or discolor workstation wall fabric or materials, ceilings, and doors.
(c) Drapes, blinds, shades, or screens are not to be attached to or hung in The Alliance Center without prior written consent.
(d) While The Alliance Center recognizes the need for each User to be able to customize their space, no sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by any tenant on any part of the outside or inside of the Building without prior written consent of The Alliance Center.
(e) General office furnishings are provided to all building Users by The Alliance Center. Users are asked not to provide their own furnishings without prior written consent from The Alliance Center. This includes, but is not limited to, bookshelves, storage cabinets, tables, chairs, and lamps. The Alliance Center will make every effort to provide the furnishings necessary for maintaining a productive and comfortable working environment. - MAIL DELIVERY AND PICKUP
(a) Mail is delivered to and picked up from the locked mailboxes provided for each Tenant organization in The Alliance Center mailroom.
(b) Each organization will be issued one key for their mailbox. Additional keys may be obtained for a small fee. Fees associated with the need to re-key a mailbox may also be passed on to the organization. Each organization is responsible for sorting and distributing mail to employees.
(c) The Alliance Center mail system is designed to handle business mail only. Mail is picked up and delivered five days a week.
13. PUBLIC HEALTH EMERGENCY
The Alliance Center is committed to providing a safe and healthy environment for its Users. Building members are asked to comply with the following procedures.
(a) If there is a public health emergency, all building members agree to comply with reasonable measures imposed by The Alliance Center, including:
i. Health screening,
ii. The use of hand washing and other sanitation products related to the management of the health threat,
iii. Attendance at mandatory training sessions,
iv. Requiring the use of additional protective clothing, such as protective barriers, gloves and masks by occupants, invitees, and Users.
(b) During a public health emergency, The Alliance Center may specify modes of entering or leaving the Building for any or all Users, occupants or invitees who may have a heightened risk of either exposure to, or transfer of, unhealthy condition to other Users, invitees, or visitors in the Building.
(c) All building members are asked to immediately inform The Alliance Center upon becoming aware of any outbreak of an infectious disease among its employees where such outbreak may influence the health or safety of other Users in the Building or lead to a public health emergency.
(d) Users agree to participate in any public health emergency drill that The Alliance Center chooses to implement.
14. PARKING
(a) Parking spaces at The Alliance Center are rented by Users through a separate parking agreement. All spaces are assigned and The Alliance Center is not responsible for providing free parking to members of the Building.
(b) Please note that anyone parking illegally may be towed. Users are responsible for contacting Wyatt’s Towing (303-777-2448).
15. STORAGE
The Alliance Center has been intentionally designed to maximize occupant productivity by offering a variety of function-oriented work spaces. To implement this intentional design, The Alliance Center has elected to provide all of the building’s furniture, including storage solutions.
While The Alliance Center recognizes that all organizations may have physical storage requirements for personal, business and event items, available technologies have significantly reduced the physical storage requirements for today’s organizations. The Alliance Center is committed to assisting organizations in transitioning all appropriate files to digital formats and ensuring they are stored in safe and secure ways. Given the existence of safe, secure and cost-effective digital storage options and services like The Alliance Center’s shared scanning service to archive historical files, The Alliance Center has crafted solutions to support an organization’s physical storage requirements while incentivizing more secure and environmentally friendly virtual storage methods. Storage options may be provided at the workstation or within the private office or suite, and other options are also available in The Alliance Center’s secure basement storage room.
All Users are highly encouraged to maintain digital records of files and to keep on-site file storage to the absolute minimum. Active files may be in the lockable mobile storage pedestal and file cabinets in each office suite. Storage for infrequent items should be in storage cabinets or other solutions in the building.
No items of any type may be stored in the hallways or other common areas without prior consent. This includes boxes, files, bags, equipment, carts, books, or stacks of paper. Additionally, no items may be stored in open work areas outside of designated storage solutions without The Alliance Center’s written approval.
(a) Workstation & Private Office Storage. Each reserved workstation and private office will include one mobile storage pedestal. This lockable pedestal includes one file drawer and one smaller drawer for work and personal items.
(b) In-Suite Storage. In-suite storage options include four drawer lateral files, bookshelves and lockers. Storage solutions will be determined on a tenant by tenant and suite by suite basis to balance storage needs with space limitations. In-suite storage options are subject to The Alliance Center’s written approval and are not guaranteed. Additional fees may apply to these storage solutions subject to The Alliance Center’s prevailing rate sheet. All building users recognize there is limited in-suite space and so only essential items should be stored in the office space.
(c) Basement Storage Room. The Alliance Center offers lockable storage cages inside its access-controlled basement storage space. These spaces are designed for event items, historical records or other items that are not accessed on a frequent basis. A variety of sizes are available and additional fees may apply to these storage solutions and are available on The Alliance Center Rate Sheet.
16. INTERNET/TELECOMMUNICATIONS AGREEMENT
(a) The Alliance Center may elect to provide wire line telecommunications services to User organizations. If The Alliance Center elects to provide wire line telecommunication services, The Alliance Center will also be responsible for and maintain the firewalls, routers and switches necessary to provide this service. Each organization will be provided a private VLAN connection as part of this service.
(b) If an organization provides its own wire line telecommunications service provider, it is the User’s responsibility to order, maintain and utilize such services at their sole cost and expense. The User’s telecommunications equipment will be and remain solely in the Building and the telephone closet(s) on the floor(s) on which they occupy office space, in accordance with rules and regulations adopted by The Alliance Center from time to time and at The Alliance Center’s approval. The Alliance Center shall have no responsibility for the maintenance of the organization’s telecommunications equipment and facilities, including wiring and is not responsible for any other wiring, cabling or other infrastructure to which the Partner’s telecommunications equipment may be connected, whether in the Building, or on or about the Building or its roof.
(c) The Alliance Center shall have no obligation to permit any telecommunications service provider to install its lines, wiring, cables or other equipment within the Building without the prior written approval of The Alliance Center. The refusal of The Alliance Center to grant approval to any prospective telecommunications service provider shall not be deemed a default or breach of any of The Alliance Center’s obligations under this covenant or the License Agreement. The Alliance Center will not unreasonably withhold approval and plans on accommodating outside providers unless the provider represents a risk to The Alliance Center’s network and/or infrastructure. In this case, Alliance Center will provide a written explanation to User and service provider detailing refusal rationale and any steps provider can take to address concerns.
(d) User organizations are responsible for all technology equipment within their environment, including computers, printers, routers and switches not provided by The Alliance Center, extending from the switch port servicing their office space. Any internal troubleshooting of this equipment is the responsibility of the organization and The Alliance Center staff is not responsible for providing general desktop support and/or troubleshooting.
(e) All building members acknowledge and accept all risk associated with using The Alliance Center’s public wireless network and agree not to hold The Alliance Center liable for any data security issues or data loss resulting from using the wireless network.
(f) Users acknowledge that The Alliance Center monitors bandwidth utilization by IP address in order to manage the quality of these telecommunications services and provide the best customer service possible.
(g) To provide for a more secure environment, Users are asked to keep their systems and applications patched and use anti-virus software. The Alliance Center is not responsible for viruses or security issues resulting from the usage of the shared wire line telecommunications service.
(g)Users agree that The Alliance Center’s provided telecommunications services will not be used for any improper or illegal activities. Improper and illegal activities include, but are not limited to:
i. violating any applicable law or regulation;
ii. Posting or transmitting content you do not have the right to post or transmit;
iii. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
iv. Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion;
v. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
vi. Deleting, tampering with or revising any material posted by any other person or entity;
vii. Accessing, tampering with or using non-public areas of the Service or any Alliance Center or related website, computer systems or network;
viii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
ix. Attempting to access or search the Service or any Alliance Center or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Alliance Center or other generally available third party web browser;
x. Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
xi. Using the Service or any Alliance Center or related website or network to send altered, deceptive or false source-identifying information;
xii. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any Alliance Center or related website or network;
xiii. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any Alliance Center or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any Alliance Center or related website or network; or
xiv. Impersonating or misrepresenting your affiliation with any person or entity. If Alliance Center suspects violations of any of the above, Alliance Center will investigate and may institute legal action, immediately deactivate Service to any account without prior notice to User, and cooperate with law enforcement authorities in bringing legal proceedings against violators. User agrees to reasonably cooperate with Alliance Center in investigating suspected violations.
The Alliance Center reserves the right to make reasonable alterations to these Community Covenants and related documents and policies as needed for the safety, care, and cleanliness of the Building; The Alliance Center will make every effort to notify Users of changes to these documents.