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Orange County Center for Contemporary Art

SPECIAL EVENT USE CONTRACT

1. Agreement entered into ________________________ by
and between Orange County Center for Contemporary Art
(OCCCA) and

Client (USER):________________________

Event:______________________________

Contact:____________________________

Phone:_________________

Address:____________________________

Event Date:_____________

Number of Guests:_______

Location:___________________________

1. OCCCA hereby leases to USER between the said hours
on the said date A) the above specified area for food
service, entertainment, and beverages.

a. The tentative agenda of the USER's event
is_________________. Timing of the preparation and
cleanup with respect to USER's event shall be subject
to the mutual agreement of the parties. A final agenda
must be determined no later than six weeks prior to
said event date.

b. OCCCA will close no later than 11:0 0p.m. unless
otherwise approved by OCCCA event coordinator.
Specific time for exhibit viewing shall be arranged no
later than six weeks prior to said event.

c. Because OCCCA is an exhibition gallery, OCCCA
reserves the right to change the configuration of the
Exhibits and entry areas without notice. OCCCA,
however, will act in the best of its ability to keep
USER informed of all foreseeable changes.

1. Catering. All catering must be provided by a
company on the OCCCA Exclusive Catering list and
arrangements and other services, (e.g., decorating,
valet parking, entertainment, etc..) are subject to
the approval of the OCCCA event coordinator.

2.Care of Facility. USER and its agents agree that
they shall use the utmost care not to damage or abuse
any of the facilities and shall observe and abide by
the regulations for the governance of said facilities
as outlined by the OCCCA event coordinator and/or
facilities manager. No pyrotechnics or open flames are
allowed onto the said OCCCA property. OCCCA is open to
the public from 12-5pm Thursday through Sunday. All
arrangements, including event setup, shall plan around
OCCCA day visitors, allowing access to exhibits,
restrooms, etc. The USER is responsible for any and
all damages caused by its vendors and/or guests.

3. Damages to Facility. USER agrees to pay for all
damages to the building, equipment, fixtures,
furniture and other property arising from, out of, or
pertaining to the occupancy of the premises by the
USER, its agents, performers or employees except for
damage caused directly or indirectly by OCCCA members.
Repairs shall be made strictly according to OCCCA
specifications.

4. Non-permitted Uses. OCCCA shall not be used, or
permitted to be used in violation of law. All laws and
ordinances, rules and regulations applicable to the
premises shall be complied with. The USER shall be
responsible for completing all necessary permit
applications required by the City of Santa Ana, and
submitting them to OCCCA no later than twenty-one (21)
days prior to the event to the attention of: Barbara
Thompson, OCCCA. The USER agrees to hold OCCCA
harmless from all claims of disturbance and/or
copyright infringement arising out of USER's event
including all damages, attorney's fees and court
costs, and settlement or compromises made by the USER.
Prior approval by OCCCA event coordinator is required
for all activities, musical performances, and final
guest count.

1. Waiver of Liability. OCCCA shall not be liable to
the USER, its agents, performers, or employees for
injuries to the person or for loss or damage suffered
to the persona) property of any kind or nature
whatsoever belonging to USER, its agents, performers,
or empIoyees while in, on or upon the premises of
OCCCA. OCCCA shall not be held responsible for lost,
broken or damaged rental items required by the User or
its contractors in conjunction with said event unless
said Bodily Injury or Property Damage is caused by any
OCCCA agents or members.

2. Waiver of Employee Status. For purposes of workers'
compensation liability, USER understands that all
persons furnishing services to User pursuant to this
agreement excepting OCCCA volunteers and agents solely
of the USER and not of OCCCA either permanently or
temporarily in the term of this agreement.

3. Indemnification. The USER agrees to defend,
indemnify and hold OCCCA harmless from and against any
and all loss, cost, expense, debts, obligations,
claims, demands, suits, actions and proceedings
(including but not limited to damages, judgments,
fines, and costs of defense of legal actions, claims
or proceedings and appeals there from, and cost of
attachment or similar bonds, made, asserted or
commenced against OCCCA as a result of or relating to
any act or omission or actual or alleged neglect or
breach of duty, including any actual or alleged error
or misstatement or misleading statement, which USER
actually or allegedly commits or suffers while acting
in its capacity as a USER of the RNLB or the above
mentioned event) not arising from OCCCAs own
negligence or wrongdoing. The rights of the RNLB under
this agreement shall survive termination of its use of
the OCCCA premises or facilities.

4. Notice of Claims. USER shall notify OCCCA of any
indemnifiable claims promptly upon receiving notice of
such claims, including copies of all documents or
information related thereto. If any claims under this
agreement are not compromised or settled by USER
within sixty (60) days after written notice thereof
has been received by USER, OCCCA, may, at any time
thereafter, commence its own defense of such action,
or settle the same, and bring suit against USER to
recover the am9unt of the claim however it is
compromised or settled. The USER shall have the burden
in any such suit of proving that OCCCA is not entitled
to the requested indemnification.

5. Liens. USER agrees to keep all of the Premises and
every part thereof and the building and other
improvements at any time located on the Premises free
and clear of any and all mechanics', material men's,
and other liens for or arising out of or in connection
with work or labor done, services performed, or
materials or appliances used or furnished for or in
connection with any operations of USER, any
alteration, improvement, or repairs or additions that
USER may make or permit or cause to be made, or any
work or construction by, for, or permitted by USER on
or about the premises, or any obligations of any kind
incurred by USER. USER further agrees to pay promptly
and fully and discharge any and all claims on which
any such lien mayor could be based, and to save and
hold OCCCA and all of the Premises and the building
and any other improvements on the Premises free and
harmless from any and all such liens and claims of
liens and suits or other proceedings pertaining
thereto.

6. Liability Insurance. USER shall, at USER'S own cost
and expense, secure and maintain during the entire
term of this lease and any extended term of this
lease, public liability, property damage, and products
liability insurance, insuring USER and USER'S
employees, contractors, vendors, caterers, performers
and other agents or representatives against all bodily
injury, property damage, personal injury, and other
loss or liability caused by or connected with USER'S
occupation and use of OCCCA under this lease in
amounts not less than: (a) $1 million for injury to or
death of one person and, subject to the limitation for
the injury or death of one person, of not less than $1
million for injury to or death of two or more persons
as a result of anyone accident or incident; and (b) $1
million for property damage. OCCCA shall be named as
an additional insured.

7. Under-insured USER. In the event that OCCCA
determines, in OCCCA's reasonable judgment that the
limits of the public liability, property damage, or
products liability insurance then carried by USER are
materially less than the amount or type of insurance
typically carried by owners or tenants of properties
located in the same county in which the Premises are
located, which are similar to and operated for similar
business purposes as the Premises, OCCCA may elect to
require USER to increase the amount of specific
coverage, change the type of policy carried, or both.

8. Workers' Compensation Insurance. USER shall
maintain in effect throughout the term of this lease,
at USER'S sole expense, Workers' Compensation
insurance in accordance with the laws of California,
and employers' liability insurance with a limit of not
less than $1 million per employee and $1 million per
occurrence for every employee working at the event not
employed by the OCCCA

9. Insurance Cancellation Clause. Any policy of
insurance required under this Article shall be written
by insurance companies authorized to do business in
California. Each policy of insurance procured by USER
pursuant to this Article shall expressly provide that
it cannot be canceled for any reason or altered in any
manner unless at least 10 days' prior written notice
has been given by the insurance company issuing the
policy to OCCCA in the manner specified in this lease
for service of notices on OCCCA by USER.

10. Blanket Insurance Policy. In order to satisfy its
obligations under this Article, USER may at any time
during the term of this lease, have in full force and
effect a "blanket" policy of insurance insuring the
Premises as well as other property owned or occupied
by USER, provided the blanket policy does not in any
way diminish the amount or coverage of the insurance
required under this Article, and further provided that
the blanket policy otherwise meets all requirements of
the Article.

11. OCCCA’s Right to Procure Insurance. If at any time
USER fails to procure or maintain the insurance
required by this Article, OCCCA may obtain that
insurance and pay the premiums on it for the benefit
of USER. Any amounts paid by OCCCA to procure or
maintain insurance pursuant to this section shall be
immediately due and repayable to OCCCA by USER within
30 days. Failure to repay at that time any amount
expended by OCCCA shall be considered the same as a
failure to pay rent and a default by USER under this
lease

12. Claims Arising out of the Consumption of Alcohol.
Any and all claims made against the OCCCA as result of
injuries arising out the usage or consumption of
alcoholic beverages are the responsibility of the USER
and the USER agrees to defend, indemnify and hold
OCCCA harmless from and against any and all loss,
cost, expense, debts, obligations, claims, demands,
suits, actions, proceedings (including but not limited
to damages, judgments, fines, and costs of defense of
legal actions, claims or proceedings and appeals there
from, and cost of attachment or similar bonds, made,
asserted or commenced against OCCCA as a result of or
relating to claims arising out of the consumption of
alcoholic beverages.

13. Event Fee. In full consideration for the above,
USER understands and agrees that it will pay to OCCCA
a usage fee of fifty percent (50%) of the total usage
fee is due upon the execution of this contract, and
the balance is due 14 days prior to said event.

14. Additional Usage Fees. There will be an additional
charge of $100 per hour for additional hours (maximum
of 2 hours) not listed on the above schedule if
arranged at least two weeks prior to the event. After
this two week period and/or on the day of the event,
any additional time is billed at $150 per hour..

15. Additional Security Fees. OCCCA provides standard
security. For events of more than 50 guests, and for
each additional 50 guests, an extra OCCCA agent must
be posted at a charge of $25 an hour.

16. Cancellation. In the event of a cancellation by
the USER, a 50% refund of the deposit will be issued
if cancellation is made in writing at least two months
prior to event date, and a 20% refund of the deposit
if made at least one month prior to event date.
Cancellations made less than six days prior to event
date will not be refunded.

17. Right to Reschedule. If this contract is not
signed and agreed to by both parties within seven days
of the execution date in paragraph 1, OCCCA reserves
the right to cancel this agreement and make the date
available to other interested parties.

18. Breach of Contract. Failure to comply with any of
these regulations will constitute a material breach of
contract and may result in cancellation of the event.

19. Waiver of Modification. No waiver or modification
of this Agreement or of any covenant, condition, or
limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged
therewith. Furthermore, no evidence of any
modification or waiver shall be offered or received as
evidence in any proceeding, arbitration or litigation
between the parties arising out of or affecting this
Agreement or the rights or obligations of any party
hereunder, unless such waiver or modification is in
writing, duly executed as aforesaid. The provisions of
this paragraph may not be waived except as herein set
forth.

20. Incorporation of OCCCA’s Policies and Guidelines
Agreement. This written Agreement shall herein
incorporate in full force and effect, OCCCA’s Policies
and Guidelines Agreement ("P&G Agreement") attached
hereto as [EXHIBIT "A"], and shall be binding and
enforceable upon all signors of the Agreement and P&G
Agreement.

21. Complete Agreement. This Agreement together with
OCCCA's Policies and Guidelines collectively contain
the sole and entire agreement between the parties as
to the matters contained herein and supersede any and
all other agreements between them. The parties
acknowledge and agree that neither of them has made
any representation with respect to such matters except
as are specifically set forth herein and in the
OCCCA’s Policies and Guidelines Agreement, and each
party acknowledges that he or it has relied on his or
its own judgment in entering into this Agreement.

22. Choice of Law and Forum. This Agreement and the
performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance
with the laws of the State of California. Any dispute
or litigation arising under this Agreement shall be
resolved in the Courts of Orange County, California.

23. Severability. The invalidity or unenforceability
of a particular provision of this Agreement shall not
effect the other provisions hereto, and this Agreement
shall be construed in all respects as if such invalid
or unenforceable provisions were omitted.

24. Binding Effect of Agreement. This Agreement shall
be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors,
assigns and legal representatives.

25. Notices. All notices, requests, demands and other
communications required or permitted hereunder shall
be in writing and shall be deemed to have been duly
given when delivered by hand or when mailed by
certified registered mail, return receipt requested,
with postage prepaid to their current address or to
such other address as they request in writing.

26. Attorneys Fees. In the event any suit or other
legal proceeding is brought by any party, or parties,
for the enforcement of any of the provisions of this
Agreement, the prevailing party shall be entitled to
recover, upon final judgment on the merits, reasonable
attorneys' fees (and taxes thereon, if any) incurred
in bringing such suit or proceeding.

27. Counterparts. This Agreement may be executed in
one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute
one and the same Agreement. A telecopy or facsimile
signature of any party hereto shall be considered to
have the same binding effect as an original signature.

USER:___________________________________________

Title:____________________________________________

Date:___________________

Barbara
Thompson:_______________________________________

OCCCA Exhibition’s Director

Date:___________________