THE COMMONS

157 East 86th Street

New York, NY, 10128

LICENSE AGREEMENT - UPDATED 1/15/2020

The Commons and Licensee agree as follows:

 

  1. AGREEMENT. This is a License Agreement (“Agreement”) between Kent Street Commons LLC d/b/a The Commons (the “Licensor” or “us” or “The Commons”) and the “Licensee” (or “you” or “your”) regarding Licensee’s right to use and occupy a portion of The Commons at 157 East 86th Street, New York, NY 10028. The Licensor leases portions of the building (the “Premises”) known by the street address 157-161 EAST 86TH STREET, NEW YORK, NY 10028 (the “Building”) pursuant to a Lease (as amended, supplemented or otherwise modified from time to time, the “Lease”) with the owner of the Building (the “Landlord”).

  1. PRICING, TERM, & MEMBERSHIP. The terms of the membership plan you selected on The Commons website or agreed to previously in writing shall apply.

  1. MEMBERSHIP. Subject to the other terms and conditions of this Agreement, the Licensor grants you (a) a revocable license to use a shared desk, dedicated desk, private office, or therapy office (“Workspace”), or other space or service, as selected by you from Licensor’s website or specified above in Section 2, solely for general office use in the conduct of your business, and (b) the right to use, in common with others, the common areas of the Premises for their intended use and per Licensor’s policies and membership privileges, including the hallways, bathrooms, lounges, kitchens, and reception area, and (c) the right to use high-speed internet service, conference rooms, printers, and other available business services, as appropriate given Licensor’s policies and your membership. You accept the Workspace in its “as is” condition. You agree to comply with and abide by the terms of your membership. Such membership plans and their features may be amended at any time by The Commons. Memberships are not valid until accepted and confirmed by Licensor in the form of a signed agreement or official welcome message.

  1. PAYMENTS. By signing up for a membership, you agree to pay the Licensor at the rate and for the term specified above in Section 2, or if Section 2 is blank, listed on Licensor’s website (domain: thecommonsnyc.com) at the time you joined a membership plan. If not specified otherwise, the term of this Agreement shall be month-to-month. You also agree to pay, on demand, all additional charges and fees payable to us for rendering services or providing products that are outside your membership plan that you have requested (which we may provide at our election), and in addition to such amounts, any applicable governmental taxes, including, but not limited to, New York State sales tax (collectively the “License Fees”). All membership fees and fees for special services paid are non-refundable. Following execution of this Agreement and no later than your Start Date, you shall pay the License Fees for a full monthly period. You acknowledge and agree that Licensor may automatically charge the payment method provided by you, including any other amounts you may incur or be liable for (including for damages caused by you to the Workspace, the Premises, the Building, or our property) in connection with your use of the Workspace and Premises. Recurring fees, which may include recurring License Fees and any other recurring fees you have agreed to pay in connection with the Workspace, will be charged in advance on the same day of each successive month, if applicable, unless we notify you otherwise. You will pay any non-recurring additional fees incurred by you within 10 days of being billed, or we may charge same against the payment method provided by you. If payment for your License Fees or any other accrued and outstanding fee is not made within ten (10) days of when such payment is due, you will be responsible for paying a late charge equal to ten percent (10%) of the overdue balance. Your use of the Workspace may be immediately suspended or terminated, at our option, if for any reason any License Fees or other payment(s) due from you are not paid on the due date thereof. The License Fees applicable to your account may be subject to modification from time to time, and such modifications will become effective upon your next renewal period following notice of such change, such as the following month, as applicable, or at the expiration of any term listed above. Your continued use of the Workspace following notice of any such modifications, and through the next payment date, constitutes your agreement to pay such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees. Licensor may require payment of License Fees in the form of ACH payment or other bank transfer, in its sole discretion. Licensor may provide an option to Licensee to pay via credit card, rather than ACH, for an additional surcharge.

  1. COMMENCEMENT & TERMINATION. This License shall commence on the Start Date specified in Section 2 above or the date you selected on Licensor’s website. It shall end on the End Date specified in Section 2 above, or if a month-to-month membership, shall continue on a recurring basis, subject to termination or revocation as hereinafter provided. Upon the expiration of your term, your membership plan shall continue on a month-to-month basis unless specified otherwise or cancelled per the terms below. The Licensor shall not be liable to you for any inability to deliver access to the Workspace on the Start Date due to reason(s) outside of its control. In such event, this Agreement shall remain in full force and effect except that the Start Date shall become that day upon which the Licensor is able to deliver possession. So long as you are not otherwise in default under this Agreement, any amounts due other than the deposit shall be abated until the new Start Date. Each of us shall have the right to terminate this Agreement by (a) delivering to the other party written notice of its/his/her election to terminate this Agreement, or (b) cancelling via The Commons website, in which event this Agreement shall terminate on the later of i) the expiration of your term or ii): • For coworking memberships, such as unlimited, part-time, or nights & weekends and virtual memberships, the expiration of the current monthly billing period. • For dedicated desk memberships, a minimum of thirty (30) days. • For private office memberships, the expiration of the billing period in which written notice of termination was provided plus an additional thirty (30) days. Before the end of your membership you will vacate the Workspace and the Premises, deliver all Access Devices to The Commons, if applicable, and remove all of your personal property and equipment from the Workspace and the Premises. Any personal property or equipment left in the Workspace or the Premises by you after the termination of this Agreement will be deemed to have been abandoned, and, without notice to you, we may keep such property, destroy it, or dispose of it in any way we deem appropriate in our sole discretion. Licensor shall have further rights to terminate your membership, in advance of the above schedule, per the terms below.

  1. DEPOSIT. Depending on your membership plan, you may be required to provide us with a deposit as security for your compliance with the terms and conditions of this Agreement. In such case, following the execution of this Agreement and no later than upon your Start Date, you shall deposit with the Licensor the deposit amount set forth on our website at the time you join or as specified above in Section 2. You shall not be entitled to use the deposit as payment for a License Fee or any other charge or service. In the event you default in the performance of any of the terms or conditions of this Agreement, including, without limitation, the payment of the License Fee, the Licensor may use, retain or apply all, or any portion, of the deposit for the payment of any sums as to which you are in default or for any sum which the Licensor may expend by reason of your default, including attorneys’ fees. If you fully comply with all of the terms and conditions of this Agreement, the deposit shall be returned to you, without interest, following the termination of this Agreement. In the event of any transfer by the Licensor of its interest in this Agreement to a third party transferee, including, without limitation, in connection with a sale, transfer or assignment of the Lease, the Licensor may transfer the deposit to such transferee, and the Licensor shall thereupon be released from any and all liability for the return of the deposit, and you shall look solely to such transferee for such purpose. You shall not assign or encumber, or attempt to assign or encumber, any of the monies deposited for the deposit.

  1. DAMAGE. You may be held liable (and do hereby authorize us to charge you or debit your deposit) for the repair cost for all damage to the Building, Workspace, and/or Premises and the property therein caused by you, your guests, or your invitees. You may be held liable (and do hereby authorize us to charge you or debit your deposit) for the cost of any inspections and treatment, as needed in Licensor’s sole discretion, if you, your employees, authorized persons, or invitees are responsible for introducing any pests into the Workspace and/or Premises, including bedbugs. Responsibility for the introduction or pests will be determined in Licensor’s sole discretion, based upon the timing, location, or intensity of any infestation or pests, or any other factors upon which Licensor may choose to rely.  

  1. DEFAULT. You shall be deemed to have defaulted under this Agreement if (i) you fail to pay any License Fee or other amounts owed to the Licensor when due and payable, or (ii) you fail to perform or comply with any of the other terms and conditions of this Agreement or the House Rules (hereinafter defined). If the Licensee is in default, this Agreement shall terminate automatically (a) one (1) day following notice from Licensor of a monetary default, or (b) immediately upon notice from Licensor of violation of Licensor’s terms and conditions or House Rules, unless Licensor in its sole discretion sets forth a cure period, in which case this Agreement shall automatically terminate upon expiration of such period. Upon termination of this agreement, Licensee shall without notice, forfeit its License, forfeit the deposit, surrender its right to enter or use the Workspace, Premises, Building, and common areas, cease using all services, return all keys and pay all monies due to the Licensor. Upon default, the Licensor may deny you access to the Workspace, take possession of a dedicated desk, office, filing cabinets, lockers or any other spaces and remove your contents. If, because of any event of default by Licensee, Licensor shall employ an attorney to enforce or defend any of the Licensor’s rights or remedies hereunder, Licensee agrees to pay Licensor’s actual legal fees and out of pocket expenses, including but not limited to filing fees and court costs, incurred by Licensor along with any other costs of enforcement incurred by Licensor.

  1. PASSWORDS & KEYCARDS. You agree not to reveal any Commons account password, network passwords and logins, or transfer your keycard, key, electronic access application or phone, or other access device or credentials to anyone else, and you shall not make any copies of any keys, keycards, or other means of entry to the Premises (each, an “Access Device”) or use your Access Device to remotely allow anyone else access to the Premises. You are responsible for maintaining the confidentiality of your passwords and security of your Access Device. You must promptly notify us if you suspect your passwords or Access Device have been compromised. At our sole discretion, you may be charged a replacement fee for any lost or damaged Access Devices.  

  1. SOFTWARE & TECHNOLOGY. We or a third-party affiliate or platform, including our website, booking, billing, or security/access provider, may request to install software onto your computer, tablet, mobile device or other electronic equipment to provide you with services, including but not limited to access to the Workspace, Premises, Building, offices, doors, printer, copier, and scanner. You acknowledge that your refusal to install such software may affect your ability to properly receive the services you have purchased. At our discretion, we may also provide you with technical support at your request. You agree that we (a) are not responsible for any damage to any of your electronic equipment or systems related to such technical support or software installation; (b) do not assume any liability or warranty in the event that any manufacturer warranties are voided; and (c) do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.

  1. UTILITIES. You acknowledge that the Workspace is designed to provide standard office use electrical facilities. You shall not use any equipment or devices that utilize excessive electrical energy or internet bandwidth or which may, in the opinion of the Licensor or Landlord, overload the wiring or interfere with electrical or internet service within the Premises or the Building or violate any law, ordinance or rule or regulation of any utility company or governmental agency or authority. You acknowledge that electrical power fluctuates during normal usage and you agree that it shall be your responsibility to supply your own surge protectors and any other necessary equipment, if any, for protection of your equipment against spikes or dips in electrical power. You agree that The Commons is not responsible for any damage to equipment suffered as a result of normal or abnormal electrical conditions.

  1. MAIL. Subject to availability and per your membership plan, you may be entitled to or elect to receive mail and packages at the Workspace. In such case, the Licensor will accept your mail and deliveries only during regular business hours and when our staff is present. The Licensor has no obligation to store such mail or packages for more than thirty (30) days of receipt or if the Licensor receives mail or packages following the termination of your membership or subscription to mail services. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise, junk mail, or personal goods. As such, we have no obligation to accept bulk or oversized mail or packages. Under no circumstances will we accept certified or registered mail on your behalf. The Licensor may elect, in its own discretion, to suspend or terminate such services, effective immediately upon written notice, or to require documentation or identification in order to initiate or continue such services. The Licensor is not responsible for the condition of or loss of any items, including fragile or delicate items, or for any replacement, costs, or damages, direct or consequential. The Licensor does not represent that use of mail services, a mailbox, or listing on its registry or the building registry, is sufficient to satisfy any legal or license requirements and shall have no responsibility or liability of any kind if its services are used for these purposes. Licensor shall have no responsibility or liability if mail services are terminated or suspended, whatsoever the cause.

  1. ASSIGNMENT & RESTRICTIONS. You may not assign this Agreement, sublicense the Workspace or any part thereof, enter into a sharing arrangement with an unaffiliated person or entity, lease or sell your office or membership for profit, or otherwise permit any other person or entity to use or occupy the Workspace or any part thereof (other than employees of Licensee or permitted invitees visiting you while you are present at the Workspace) without Licensor’s prior written consent.

  1. RELOCATION. The Licensor shall have the right to relocate you to another substantially equivalent desk, team room, or office within the Premises; provided that you shall be entitled to not less than three (3) business days’ prior written notice thereof. The Licensor may not increase the License Fee solely as a result of any such relocation. The Licensor also reserves the right to discontinue certain membership plans, offerings, or to change the number of such plans and offerings at any time, including dedicated desks, team rooms, private offices, therapy spaces, or any similar spaces.

  1. ALTERATIONS. Licensee may not make any changes, alterations, or improvements to the Workspace, the Premises, or the Building without the Licensor’s written consent, including furnishings, painting, shelving or any other alterations to walls, ceilings, doors, offices, or desks. Licensee shall not display signage, advertising, branding, or other informational displays on office windows or doors or upon glass surfaces or publicly visible desks and shall only place names, logos, decals, or signage of any kind only in approved locations as designated and approved by Licensor. The cost of repairing any alterations may be charged to Licensee or deducted from the Deposit. Licensor or its agent may, at its election, perform alterations on behalf of Licensee, however it shall not be held responsible for any resulting conditions or damages.

  1. ACCESS. The Licensor and the Landlord and each of their representatives and designees each have the right to enter into the Premises and any part thereof, including the Workspace, from time to time to inspect, to make repairs and replacements, clean, deliver mail, and for other purposes.

  1. SUBORDINATION. This Agreement, and your rights under this Agreement, are subject and subordinate in all respects to the Lease, any present or future underlying lease, and all present and future mortgages in any way relating to the Building, including, without limitation, all renewals, extensions, supplements, modifications, consolidations, refinancings, replacements and advances thereof. This Section is self-operative and no further instrument of subordination is required. You shall, within 10 days following receipt of The Commons’ request therefor, sign and deliver to The Commons an instrument evidencing such subordination.

  1. NOTICES. Any notice to be given under this Agreement shall be in writing and shall be delivered (a) in person, or (2) sent by registered or certified mail, return receipt requested, or (3) sent by nationally recognized overnight courier, addressed to the parties at the Building, or (4) transmitted via email to the Licensor at [email protected] and to you at the email address entered above or in your registered Commons profile. Any notice shall be deemed given upon delivery if in person, or three (3) days after being sent by certified or registered mail, or the next day if sent by overnight courier, or upon successful email transmission.

  1. NO BROKER. Licensee represents that it has not had any dealings with any real estate agent or broker in connection with this Agreement and each party agrees to indemnify, defend and hold the other party harmless from and against any claims for any brokerage commissions.

  1. INDEMNIFICATION. To the extent permitted by law, you shall defend, indemnify, and hold the Licensor and Landlord, and each of their respective members, officers, partners, principals, directors, shareholders, employees, servants, and agents (collectively, the "Indemnified Parties") harmless, from and against any and all suits, claims, causes of action, liabilities, losses, costs, damages and expenses of whatever kind (including, but not limited to, attorneys’ fees and expenses and court costs) arising in any manner, directly or indirectly, out of or in connection with (i) your use or occupancy of the Workspace, the Premises, the Building, the therapy offices, or any other resource or space of Licensor’s, including any business or practice related to psychotherapy or the instruction and treatment of minors, or (ii) any other acts or omissions by your or your partners, members, directors, officers, employees, agents, invitees, guests or contractors; to the extent such suits, claims, causes of action, liabilities, losses, costs, damages and expenses do not arise from the negligence of the Licensor.

  1. NO WARRANTIES, CASUALTY, CONDEMNATION. The Licensor does not warrant that any space, system, or service to be provided by the Licensor hereunder, including telephone, internet, or Meeting Room services, (a) will be adequate for your particular purposes or (b) will be free from interruption or reduction. Such systems and services, including, without limitation, access, may be interrupted or reduced by reason of repairs or changes which are, in the Licensor’s or the Landlord’s judgment, necessary or desirable, or which are beyond Landlord’s or the Licensor’s control. Such interruption or reduction shall not, unless otherwise provided in this Agreement (i) constitute a breach or default of this Agreement or disturbance of your use of the Workspace, (ii) entitle you to any compensation or abatement of the License Fee, (iii) relieve you from any obligation under this Agreement, or (iv) impose any obligation or liability on Licensor by reason of such inconvenience or annoyance to you, injury to or interruption of your business, or otherwise. You expressly waive and agree not to make any claim for damages, either direct or consequential, against the Licensor or the Landlord arising out of any failure of the Licensor to furnish any utility, service or facility, any error or omission with respect thereto, or any delay, failure, or interruption of the same. The Licensor may by notice suspend the provision of services (including access to the Workspace and Premises) for reasons of political unrest, strikes, terrorism, Acts of God or other events beyond the Licensor’s or Landlord’s reasonable control. This Agreement shall automatically terminate if the Workspace is rendered unusable as a result of a fire, other casualty or a condemnation. As between the Licensor and Licensee, all proceeds of any condemnation award shall belong to the Licensor and all insurance proceeds of the Licensor shall be retained by and belong to the Licensor.  

  1. LIABILITY & PROPERTY. To the extent permitted by law, neither the Licensor nor the Landlord shall be liable for, and you waive all right of recovery against the Licensor and/or the Landlord for, any loss, claim, damage, cost, expense or other liability with respect to any injury to person or damage, theft, loss, or destruction of any of your property or the property of your employees, authorized persons and invitees due to any act, omission or occurrence in or about the Workspace, the Premises, or the Building. The Licensor does not provide security services and is not responsible for any property you leave behind in the Workspace, including property left upon desks or within offices, lockers, mailboxes, or filing cabinets. It is your responsibility to ensure that you have retrieved or secured all of your personal items prior to leaving. You may choose to arrange insurance for your personal property against all risks and for your liability to and for your employees and third parties. No member, manager, director, or officer of the Licensor or the Landlord shall have any personal liability with respect to any of the terms and obligations of this Agreement or your use of the Workspace or Premises. We do not control and are not responsible for the actions of other members, occupants or any other third parties. If a dispute arises between members or their invitees or guests, we shall have no responsibility or obligation to participate, mediate or indemnify any party. Neither Licensor nor Landlord shall be responsible for any allergic reaction, health issue, or food related illness suffered by you or your employees, authorized persons, or invitees resulting from the consumption of any food products, produce, or beverages offered or prepared by Licensor.

  1. OFFENSIVE ACTIVITY & COMPLIANCE WITH LAW. You shall not conduct, or permit to be conducted, at the Workspace, the Premises or the Building, any illicit activity or other activity that is generally regarded as offensive to other people, including, without limitation, nuisance or disruptive behavior, involvement in hate groups, activity involving pornographic or sexually explicit material, and activity involving obscenities, whether written or oral. Unless authorized by Licensor in writing, you shall not publicize events, advertise to, market, or solicit other members, users, or guests of The Commons. You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same. The Commons is a community environment and will not tolerate any discriminatory behavior directed toward members, users, or guests based upon age, race, religion, sexual orientation, or gender. The Licensor reserves the right to discontinue your membership because of offensive activity at any time, effective immediately and in Licensor’s sole discretion. You shall not conduct, or permit to be conducted by any of your agents, servants, or guests, any illegal activity at the Workspace, the Premises, or the Building. You shall not transmit bulk email or malware in any form over the high-speed internet service provided by the Licensor.  

  1. MEETING ROOMS & PRINTING. Your membership plan may include certain complimentary allocations or entitle you to book conference rooms, meeting rooms, phone booths, (collectively “Meeting Rooms”) and printer/scanner/copier, as described above. Licensor does not guarantee that any Meeting Room is available at those times and dates that you wish to use or reserve it and we are not responsible for any Meeting Room allocations that you are unable to use during your membership term. Licensor reserves the right to charge additional fees for use of the Meeting Rooms and printer/scanner/copier in excess of your allocation. These additional costs will be listed on the Licensor’s website, House Rules, or publicized by Licensor otherwise, and added to your invoice when the charges are incurred. Unless specified otherwise, Meeting Room hours do not roll over from month-to-month and use of any Meeting Rooms must be according to the House Rules and guest policies. Unused printing allocations do not roll over from month-to-month.

  1. THERAPY OFFICES. Designated therapy offices are to be used solely for psychotherapy usage in the conduct of their practice. Any use of the therapy offices other than psychotherapy will be allowed only if approved by Licensor in writing. As a condition of membership and use of the therapy offices for psychotherapy, therapy members must be properly licensed as required for such purposes and maintain such license at any and all times. By using the therapy offices or Premises for the practice of psychotherapy, you affirm that you are properly licensed and insured for such purposes, including malpractice and professional insurance.Booking fees may be charged monthly, weekly, or any time after a booking is completed, at Licensor’s discretion. Fees for peak and off-peak bookings may be changed at any time in our sole discretion and notice of any such changes shall be provided either on our website or via email notice. Fee changes shall take effect 30 days following notice and shall apply to all bookings and appointments thereafter, regardless of whether a booking was made beforehand. Therapy members may at any time cancel their account or bookings or choose not to make further bookings as set forth below if you do not agree to any modified fees. Licensor does not guarantee that any therapy office is available at those times and dates that you wish to use or reserve it and we are not responsible for any calendar or booking issues or errors, even when bookings are entered by Licensor. You are responsible for ensuring your bookings are correct and making or requesting any necessary changes. Bookings are non-refundable within forty-eight hours of when they occur.Therapy members may terminate this agreement by (a) delivering to the other party written notice of its/his/her election to terminate this Agreement, or (b) cancelling via The Commons website, in which event this Agreement shall terminate on the later of i) the date notice was provided or ii) the date of your last scheduled booking. If no bookings have been made by you for a period of 30 days or more, Licensor may terminate your membership and return any deposit funds, as appropriate.You shall take steps to assure that your patients, clients and invitees do not create any disturbance in the offices or Premises or disturb other tenants, occupants, or their clients, patients, or invitees. You shall not permit your clients, patients, or invitees to wait or loiter anywhere in the common areas of the building, except designated waiting areas, including but not limited to the building lobby and building common hallways. All children under the age of 15 years shall be accompanied and supervised by an adult. You may use the offices or Premises only for the practice of psychotherapy, unless agreed to by Licensor in writing. Notwithstanding the foregoing, no part of the therapy offices or Premises may be used as a clinic of any kind, to provide substance abuse treatment, to provide workers’ compensation plan services, or as part of any group practice. You agree that you shall not keep, store, or distribute or administer to patients, clients or invitees medications of any kind at the offices or Premises and that you shall not generate or dispose of any medical waste at the offices, Premises, or building.Any personal property or equipment left in the offices or the Premises by you after the termination of this Agreement will be deemed to have been abandoned, and we may keep such property, destroy it, or dispose of it in any way in our sole discretion and without any notice to you. You agree to exit the office promptly when your booking is complete, regardless of any delays in availability of the office for your booking or the delayed arrival of your client, patient, or guest. You agree to remove any refuse or personal items at the conclusion of your bookings, unless agreed to by Licensor otherwise, and to leave the office in clean and tidy condition. You agree that Licensor may, in its sole discretion, cancel your membership or assess a charge or fee, up to or equal to the value of your booking, if you leave refuse in the therapy offices or do not exit the offices at the appointed time your booking ends. Likewise, Licensor may assess a fee and/or penalty for any use of the therapy offices that is not booked.

  1. RULES & REGULATIONS. You agree to abide by the Building rules and regulations and by the rules and regulations adopted by the Licensor, as may be reasonably modified by the Licensor from time to time (the “House Rules”). The Licensor’s House Rules govern the expected behavior in the Workspace and the common areas of the Premises, including printing charges and guest policies, and can be found on Licensor’s website www.thecommonsnyc.com. The House Rules are hereby incorporated into this Agreement. Licensor may modify such House Rules at any time and in its own discretion.

  1. SURVIVAL. Sections 6, 7, 8, 10, 20, 21, 22, and 29 shall survive any termination of this Agreement.

  1. AGREEMENT & MODIFICATIONS. This Agreement and any attachments hereto supersede any prior agreement between the parties relating to the subject matter hereof, and embodies the entire agreement between you and the Licensor relating to the subject matter hereof. This Agreement may not be modified, changed, altered or amended in any way except by a) written document signed or electronically signed by the parties hereto, or b) an update to the Terms and Conditions posted by Licensor on its website. Any updated Terms or Conditions posted to the website shall be incorporated herein and shall prevail in case of conflict with this Agreement. New Terms and Conditions will be effective as of the date stated and by continuing to use the Workspace, Premises, and Licensor’s services, Licensee agrees to the updated policies. Updates to the Terms and Conditions may not cover all terms, including those pertaining to License Fees, term of License, and others. Any terms not altered shall be unchanged from their prior versions.

  1. AGREEMENT AS LICENSE: . The Licensee acknowledges that this Agreement is a conditional license to use the Workspace and services herein referred to and that this license is not a lease and does not create any interest in real property; and therefore, the landlord-tenant laws do not govern this agreement nor can the Licensee invoke tenant rights or privileges. In any legal proceedings between the parties, the Licensor shall be entitled to recover its reasonable legal fees incurred in prosecuting or defending such action.

  1. USE. The Commons is to be used for professional, business, or academic purposes only. Licensor reserves the right to terminate your membership, effective immediately, if Licensor determines, in its sole discretion, that a) your behavior or use of The Commons is not consistent with the intended use of The Commons or is disruptive to The Commons or the use of The Commons by other members, b) that you are using The Commons in any residential capacity, c) that you are taking, occupying, or abusing common resources in violation of Licensor’s House Rules or your membership plan, or d) or for any reason or no reason in Licensor’s sole discretion. In case of such termination, the unused portion of any License Fees or deposit paid by you shall be refunded, less any damages.