CVB Management, LLC

ROSWELL CONVENTION CENTER AND PLAZA RENTAL AGREEMENT

THIS AGREEMENT, made and entered into this ______________ day of ___________________, 19_____, by and between the CVB Management, LLC, acting by and through its Facilities Director, hereinafter called Lessor, and ______________________________________ ,

hereinafter called Lessee, witnesseth:

That upon the terms and conditions expressed herein and in consideration of the covenants and agreements expressed herein and of the faithful performance by the Lessee of all such covenants and agreements, the Lessor does hereby grant unto the Lessee the right to use and occupy the Roswell Convention Center and/or Plaza, hereinafter referred to as RCC and/or PLAZA, located in the City of Roswell, County of Chaves, New Mexico, to be used for the purpose of

________________________________________________________________ ,

and for no other purpose without the written consent of the Lessor for a term: commencing at ________o’clock __.m., on the ______ day of _________, 19______, and terminating at _______ o’clock __.m., on the _______ day of ____________, 19_____, together with the further right of access to, and limited use thereof of _______ hours prior to the hours first stated and _______ hours after the last stated, for the purpose of putting in equipment, preparing the premises and equipment for use, and packing up and removing equipment afterwards.

II.

Cancellations made within ten (10) business days or less of the scheduled event will forfeit deposits.

III.

Payment of the total amount of said rent and such additional charges, shall be made as follows:

a. One-half in cashiers check or certified funds upon the signing of this lease to be done 72 hours after booking the facility, the other half in cashiers check or certified funds 10 days prior to the first day of the event.

b. Lessee further covenants and agrees to pay to Lessor on demand any and all sums which may be due to Lessor for additional services, accommodations, or materials furnished to or loaned to Lessee.

c. Lessor reserves the right to refuse rental and facilities of said RCC and/or Plaza unless full payment is made as stipulated in this paragraph.

This agreement is made and entered into upon the following expressed covenants and conditions, all and every one of which the Lessee hereby covenants and agrees to and with the Lessor to keep and perform.

1. Every obligation of either party to this contract shall be fully performed in Chaves County, New Mexico.

2. Lessor shall permit Lessee to peaceably and quietly have and enjoy the use of the premises herein above specifically described for the purposes and for the term aforesaid, including corridors necessary to accommodate patrons, and restroom conveniences customarily open to the general public.

3. Lessor shall furnish, at Lessor’s expense, heat, water, lights and air conditioning necessary for Lessee’s use during the term of this contract deemed necessary by the Facility Director. Lessor shall not be responsible for or liable to Lessee for any loss resulting from any lack of heat, water, lights or air conditioning due to an act of God or the failure of equipment to operate or function properly through no fault or act of Lessor.

4. Lessor reserves the right at all times to control the ushers, gate men, ticket takers, and all other employees of Lessee, and the right to remove from the premises any and all such employees of Lessee and the right, with its officers and agents including its police officers, to eject any objectionable person or persons from the building and premises; and in the event of the exercise of this authority, Lessee hereby waives any and all claims for damages against the CVB Management LLC, Facility Director and other employees, the City of Roswell and its officers and employees on account thereof.

5. In case the premises covered by this agreement, or the building of which such premises are a part be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence for other causes herein specified shall render the fulfillment of this contract by Lessor impossible, then the term of this contract shall end and Lessee shall be liable to pay rent only up to the time of such termination and Lessee hereby waives and releases any claim for damages or compensation on account of such termination.

6. Lessor, through its Facility Director, policemen, firemen and other designated representatives, shall have the right at any time to enter any portion of the premises herein before described for any purpose whatsoever and the entire building, including the premises expressly covered by this agreement. All facilities shall at times remain under the charge of the Facility Director, but during the period covered by this agreement, the entrances and exits of the premises shall be locked or unlocked under the direction of the Lessee in accordance with the terms of this contract.

7. Lessor will furnish electricity and lights according to the present openings in the premises covered by this agreement and no artificial lighting or light plants or electrical equipment shall be permitted therein and no engine or motor or machinery shall be operated on said premises without written consent of the Facility Director.

8. Lessor reserves the right after the termination of the time for which the said premises are rented by this agreement to remove from the building all effects remaining therein and to store at the same in its name, or at its option, in the name of the Lessee but at the cost, expenses and risk of removing and storing any such effects. For such additional period beyond the terms of this agreement as any effects of Lessee may so remain in the building, Lessor shall be entitled to charge the sum per day which is provided by the RCC General Policies as the payment to be made for time of moving in and out of said premises.

9. Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises, or any portion of said building by the consent of said Lessee or by or with the consent of said Lessee’s employees, or any person acting for and on behalf of the said Lessee. Lessee agrees at its expense to have on hand at all times sufficient police force to maintain order and protect the persons and property, the sufficiency of and type of police force to meet the approval of the Facility Director.

10. Neither the halls or ramps of said building or premises, nor the sidewalks, entrances, or lobby thereof shall be obstructed by Lessee nor used for any other purposes than the ingress or egress, and Lessee will not permit any chairs or moveable seats to be or remain in the passageways, and will keep such passageways clear at all times.

11. Lessee shall not bring or permit anyone to bring into said building or premises or keep therein anything that will increase the fire hazard or the rate of insurance on the building or any property therein. Lessee shall not bring or permit any person to bring into said building or premises any animals, firearms, weapons, or another property of any kind, without the consent of the Facility Director. Lessor reserves the right at any time to require Lessee to remove from the premises any animals, furniture, wiring, exhibits, or other things placed therein without the consent of Lessor.

12. Lessee will not cause or permit any nails or other things to be driven into any portion of the building, nor may signs be affixed to the exterior thereof nor cause nor permit any changes, alterations, repairs, painting or staining of any part of the building or the furnishings or equipment thereof, nor permit to be done anything which will damage or change the finish or appearance of the building or any act of Lessee or any of Lessee’s employees or agents or anyone visiting the building upon the invitation of Lessee including patrons of the attraction or function for which Lessee is hereby renting the premises herein above described. It is expressly agreed that the Facility Director shall determine whether any such damage has been done, the amount thereof and the reasonable cost of repairing same, whether it is one which, under the terms of this agreement, Lessee is to be held responsible. The decision of the Facility Director shall be final unless within ten (10) days after he makes his decision the Lessee conveys in writing his desire to appeal to the Lessor the decision of the Facility Director. In such notice to the Facility Director, Lessee shall state fully the particulars and grounds upon which he considers the Facility Director’s decision incorrect and no further objection thereto other than the objections so stated will be considered by the Lessor. The Lessor’s decision shall be final.

13. If the Lessee, being entitled to possession hereunder shall fail to take possession of or use the premises, without the written consent of Lessor, no rent refund shall be made and any payment made to Lessor shall be taken by Lessor and the full rent called for by this agreement, including any disbursement or expenses incurred by Lessor in connection therewith, shall be payable by the Lessee to the Lessor.

14. Lessee undertakes and agrees to save and keep the Lessor harmless of and from any and all costs, expenses, and damages, and all claims, demands, or liability by or to the public, employees of Lessee, or other, on account of or occasioned by negligently or otherwise, the installation of construction, repairs, alteration, maintenance, operation of any structure, devices, apparatus, enclosures, amusement, entertainment, commodity, or by any activity pertaining to this lease, or by any act of omission, negligently or otherwise of Lessee or of any patrons of Lessee when on, or when about to enter or when just leaving the premises herein leased to Lessee. Lessee further undertakes and agrees that they will procure Public Liability Insurance in an amount of not less than one million ($1,000,000) dollars per person nor less than one million ($1,000,000) dollars per catastrophe, protecting in addition to the Lessee, the Lessor, insuring the aforementioned parties in the general terms and to the same general effect as the undertaking and agreement of Lessee in the preceding sentence. A copy of this liability policy will be furnished to the Facility Director at least ten (10) days and no more than twenty (20) days prior to contract dates.

15. Lessee shall not circulate or publish or cause to be circulated or published any advertisement, tickets, placard, or other written or printed matter wherein Lessor’s name or the said facility is mentioned or referred to without first having obtained written consent and approval of Lessor.

16. Lessee shall comply with all laws of the United States, and of the State of New Mexico, all ordinances of the City of Roswell, and rules and requirements of the police and fire departments, or other municipal authorities of the City of Roswell, and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during the term of this agreement in violation of such laws, ordinances, rules or requirements, and if the attention of Lessor is called to any such violation on the part of said Lessee, or of any person employed by or admitted to the said premises by said Lessee, such Lessee will immediately desist from and correct such violation.

17. Lessee will not post or exhibit, nor allow to be posted or exhibited, signs, advertisements, show bills, lithographs, posters or cards of any description, inside or in front, or on any part of said building, except upon the regular billboards, provided by the Lessor therefore, and will use, post or exhibit only such signs, advertisements, show bills to the performance or exhibition to be given in said premises; and Lessee shall take down and remove forthwith all signs, advertisements, show bills, lithographs, posters or cards of any descriptions objected to by said Lessor, or its Facility Director.\

18. Lessee shall not admit to said premises a larger number of persons than the seating capacity thereof will accommodate or can safely or freely move about in said areas, and the decision of the Facility Director in this respect will be final.

19. Lessor assumes no responsibilities whatsoever for any property placed in or on said premises. Lessor is hereby expressly released and discharged from any and all liabilities for any loss, injury or damages to person or property that may be sustained by reason of the occupancy of said premises under this agreement; and all watchmen or other protective service desired by the Lessee must be arranged for by special agreement with the Facility Director.

20. Lessee shall not assign this agreement, or any part thereof, nor suffer any use of said premises other than specified, without the written consent of the Lessor.

21. Should it become necessary for Lessor to hire an attorney because of Lessee’s breach of this agreement, Lessee agrees to pay reasonable attorney fees incurred by Lessor or ten percent (10%) of sums past due to Lessor, whichever is greater.