2022 EMA Contract
REPUBLIC OF TRINIDAD AND TOBAGO
(A) The Licensor of Oliver Signs LTD license the property/ venue located at NO. 11B SANTA BARBARA BOULEVARD, SADDLE ROAD, SANTA CRUZ,, in the Island of Trinidad.
(B) The Licensee desires to acquire a license for the use and enjoyment of the venue owned by the Licensor.
In this License Agreement, unless the context requires otherwise:
- ‘License’ means a permission given by the Licensor to do some act that without such permission it would be unlawful for him to do.
- ‘Licensor’ means the person with exclusive legal rights over the property/ venue situated at the above mentioned address granting the license to the ‘Licensee’ for a limited time.
- ‘Licensee’ means the person benefiting from the grant of the license from the ‘Licensor’.
- ‘Premises/Venue’ means the Property Green Meadows situated at NO. 11B SANTA BARBARA BOULEVARD, SADDLE ROAD, SANTA CRUZ, in the Island of Trinidad.
- ‘Event’ means weddings, anniversaries, birthday celebrations, graduation events, parties/fêtes, etc.
- ‘Expenses’ any monetary costs required for the operation of the Event.
THIS AGREEMENT is made in duplicate this 14th day of NOVEMBER in the year of Our Lord Two Thousand and Twenty Two Between OLIVER SIGNS LTD a company incorporated under the laws of Trinidad and Tobago, having its registered office situate at Lot 16C Eteck Business Park, Diego Martin, in the Island of Trinidad, In the West Indies(hereinafter called “the Licensor”) of the One Part and Project Development and Management Unit, Caribbean Community Climate Change Centre of 3RD FLOOR ,David L.McKoy Business Centre ,City of Belmopan,Belize, (hereinafter together called “the Licensee”) of the Other Part.
(a) The Licensor is seized and possessed of the Premises situate at NO. 11B SANTA BARBARA BOULEVARD, SADDLE ROAD, SANTA CRUZ, in the Island of Trinidad, (hereinafter called “the said premises”).
(b) The Licensee is desirous of obtaining a license of the said Premises for the sole purpose of hosting an Event and for the provision of Services Outlined in Quotation dated 7th NOVEMBER 2022 on the 28th Of November 2022 and 29th November 2022, FROM 8:00am to 12:00 MIDNIGHT FOR 60 GUESTS.
(c) The Licensor has agreed to grant the Licensee a License on the following terms and conditions:-
2. THE PARTIES HEREBY AGREE AS FOLLOWS:-
a) That the Licensee shall pay the Licensor:-
i. The sum of EIGHTEEN THOUSAND EIGHT HUNDRED AND FIFETY DOLLARS ($18,850.00USD) or its equivalent in British Pound Sterling (G.B.P) which shall be paid in two separate installments of NINE THOUSAND FOUR HUNDRED AND TWENTY FIVE ($9,425.00USD). The first non-refundable installment to be paid on or before the signing of the contract and the second installment paid one within (10) days after the completion of same.
b) The Licensee Agrees to:-
i. Obtain all consent and necessary approvals required by the relevant authorities for hosting such an Event on the said premises including music, entertainment fees and noise pollution requirements.
ii. Obtain public liability insurance to cover any accidents or injury suffered in relation to the Event including any damage or loss incurred by the guests due to the negligence of the Licensee, his servants and/or agents.
iii. The Licensor reserving the right prior to or during the Event to view and inspect the Premises at all reasonable times and take photographs of the scene for any purpose the Licensor believes necessary and to ensure that all statutory requirements have been met and that the necessary warning signs are placed on the site of the Event to alert guests of any hazards that exist or any danger that could transpire and to clearly highlight the entrance and exits to and from the Premises.
iv. Remove all furniture and decorations on or before 2:00 a.m. 29th NOVEMBER 2022 and dispose of all garbage. A storage fee of ONE THOUSAND DOLLARS ($1,000.00TTD) per hour will be payable thereafter.
v. Pay all rates and taxes on the said Premises.
vi. Pay the Licensor a fee of $1,000.00 USD for every fifty (50) additional GUESTS or part there of.
vii. Insure the Premises in accordance with Clause 2(b)(ii) which covers liability for any damage or injury incurred by any guests as a result of negligence of the Licensee, his servants and/or agents.
viii. Indemnify the Licensor for any proceeding, actions, claims, damages, costs, and other liabilities or losses incurred by the Licensor for any accidents originating from the Event on the Premises.
ix. Ensure that their guests are fully aware of all the necessary safety precautions in the event of any hazard that might occur during the Event.
x. Keep the exit routes clear and unobstructed throughout the entirety of the Event for Public safety.
xi. Keep the Premises clean during and after the Event and dispose of all waste material.
xii. Refrain from sticking, posting or fixing any bills or posters on the Premises.
xii. Notify the Licensor if anything on the Premises is damaged or broken rather than fixing it themselves.
THE PARTIES FURTHER AGREE AS FOLLOWS: –
The Licensee hereby agrees that the existing terms of this Agreement would not be published without the written consent of the Licensor and during the continuance of this Agreement and afterwards, the Licensee shall use its best endeavours to keep the business information confidential and therefore shall not disclose it to any third party or use it for any other purpose than to perform its obligations under this Agreement.
4. FORCE MAJEURE
If either party is unable to perform their obligations under this Agreement by Force Majeure, he or she shall notify the other immediately of the nature and extent of the Force Majeure and the notifying party shall not be liable for failure to perform those obligations whilst the Force Majeure continues.
In this clause ‘Force Majeure’ means any unforeseeable circumstances that are outside the reasonable control of the party claiming it. Non-exhaustive illustrations include, acts of God, war, riot, explosions, abnormal weather conditions, fire, earthquake, flood, government action, strikes, lockouts, delays by suppliers, accidents, damage to equipment and shortage of materials, labour or manufacturing facilities.
Either party may terminate this Agreement by giving to the other party thirty (30) days’ notice. Notice of termination shall be submitted in writing or e-mail correspondence and applies to both contracting parties.
6. TERMINATION UPON BREACH
The Licensor can terminate the License Agreement without notice if;
i. The Licensee does not make payments in accordance with clauses 2(a) 1-3 of this Agreement supra.
ii. The Licensee refuses to comply with the terms and conditions set out herein.
iii. Upon termination, the confidentiality clause herein will remain in force.
7. GOVERNING LAW
This Agreement shall be governed by the Laws of the Island Republic of Trinidad and Tobago as where signed.
8. ARBITRATION/ MEDIATION
Whereby any dispute arises out of or in connection herein the parties agree to settle through arbitration or mediation firstly.
The arbitrator/mediator shall be selected by the Licensor with the approval of the Licensee and the decision of the arbitrator/mediator is binding and final.
9. BINDING EFFECT
This Agreement is binding between the parties, and may not except as hereinafter provided, be modified except by written agreement signed by both parties.
This agreement is drawn up in duplicate, of which each contracting party receives one copy.
This agreement enters into force after the signature by both contracting parties.
IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first hereinabove written.