Pricing

RECITALS

A.Licensor is the owner or ground tenant of a certain building located at 77 Monroe Center St NW Ste 600, Grand Rapids, MI 49503 (the “Building”).

B.Licensor has agreed to grant to Licensee the right to use certain office space located within the Building numbered room XXX (the “Office Area”) in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, Licensor and Licensee agree as follows:

1.Grant. Licensor hereby grants to Licensee the right to use the Office Area in accordance with the terms and conditions set forth in this Agreement. In addition to having the right to use the Office Area, Licensor agrees to provide internet service, office equipment, conference space, knowledge resources, or other services as Licensor may provide from time to time (collectively, “Services”). All Services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement Licensee agrees to comply with the rules attached hereto as Exhibit A.

2.Term. The “Term” of this Agreement shall commence on the Effective Date (the “Commencement Date”) and shall continue on a month-to-month basis, with either party having the right to terminate this Agreement by giving written notice to the other party, in which event this Agreement shall terminate as of the date set forth in such termination notice, which date must not be less than 30 days from the date of such notice.

3.Fee. Licensee shall pay to Licensor, a fee in the amount of $X,XXX for use of the Office Area (the “Monthly Fee”). The Monthly Fee shall be due on the 1^st day of each month during the Term and shall be prorated for any partial month.

4.Use. During the Term, Licensee may use the Office Area only for general office purposes.

5.Maintenance. Licensor shall maintain the Building in good order and condition during the Term and shall provide all utilities to the Office Area, at Licensor’s sole cost, including without limitation, electricity, heating and air conditioning for comfortable and suitable occupancy of the Office Area under normal business operations. Licensee shall be responsible for any damage to the Office Space or any furniture or equipment provided for Licensor for use in Licensee’s Office Space (such as chairs, desks, etc). Licensee agrees to pay for any damages upon the termination of this license agreement.

6.Insurance. During the Term, each party agrees to maintain commercial general liability insurance in a combined single limit amount of not less than Two Million and No/100 Dollars ($2,000,000.00) and agrees to provide certificate of insurance to the other party upon request. In addition, Licensee shall be solely responsible for maintaining property insurance on its personal property and Licensor shall be solely responsible for maintaining, or causing the be maintained, property insurance on the Building in an amount equal to its full replacement value. Each party hereby releases the other (and each party for which such other may be responsible) of liability for any damage to the Office Area or Building and the personal property or equipment located therein which is covered or coverable by the insurance required to be maintained by the parties, even if such damage is caused by the negligence or other fault of the party so released or any party for which it may be responsible.

7.Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall sent next day air by nationally recognized overnight courier, or by certified or registered mail, return receipt requested, postage prepaid, to the addresses below, provided, that any notices from Licensee to Licensor may instead be sent to:.

To Licensor:

Work The Factory LLC

77 Monroe Center St NW Ste 600

Grand Rapids, MI 49503

[email protected]

To Licensee:

COMPANY NAME AND ADDRESS

with a copy to: email address

Either party may, by notice to the other, specify a different address for notice purposes.

8. Jurisdiction and Venue. This Agreement will be deemed performable by all parties in Kent County, Michigan, and venue will exclusively be in the state or federal courts located in Kent County, Michigan. The parties hereby consent to the personal jurisdiction of these courts and waive any objections that such venue is objectionable or improper.
9. Choice of Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Michigan, without regard to its conflict of law principles.

IN WITNESS WHEREOF, Licensor and Licensee have executed and delivered this Agreement as of the Effective Date.

LICENSOR:

Work The Factory LLC

By _____________________________________________

Its __________________________________________

LICENSEE:

COMPANY NAME

By _____________________________________________

Its __________________________________________

EXHIBIT A

Rules

Licensee shall not:

• Maintain or store any inventory of goods upon the premises without written permission of The Factory’s staff;
• Use the Office Area for illegal purposes;
• Tamper with, borrow, or remove property kept in another member’s area without their express permission;
• Cause or permit any hazardous substance to be used, stored, generated, released, or disposed of on or in the Office Area. “Hazardous” shall be determined in the reasonable discretion of Licensor; or
• Act in a manner that, in Licensor’s sole discretion, does or is likely to adversely affect the peaceful operation and enjoyment of the other occupant of the Building, or their employees, members, guests, or contractors.

Licensee further agrees:

• It is responsible for all guests it brings into the Premises under the policies outlined in this document;
• It must maintain the Office Area in a neat, clean, and in a sanitary condition and free of excessive clutter;
• Any signs, symbols, or pictures that it wishes to place in the windows or doors of the Office Area, or upon any interior part of the Building, shall be subject to the approval of the Licensor;
• Licensor may enter the Office Space if it needs access to the Office Space area to meet the needs of the business (for instance, to adjust the thermostat).
• This Agreement with Licensor does not constitute a lease but is rather a license agreement.