Rental Terms and Conditions

  1. RENT: Customer agrees to pay West Hill Center all rentals in advance. Rentals shall be payable at West Hill Center's office unless otherwise specified. The rental rates set forth are single space based rates, not square foot based rates. West Hill Center will make no allowance for loss of time due to power outage, weather or any other act foreseen or not. The rental period may be extended by written agreement.
  2. CARE and CONDITION OF SPACE: Customer acknowledges receipt of the space in GOOD CONDITION. Customer shall protect the space and shall exercise due care in its operation. The space shall be occupied only by person or person's on original rental agreement of the space. West Hill Center shall have the right at all times to enter any space, building for the purpose of inspection and West Hill Center reserves the privilege of removing the tenant on twenty-four (24) hours' prior written notice if space is being used for anything other than stated on rental agreement or in any manner abused, neglected or not properly maintained. West Hill Center assumes no liability for loss of time or damages on account of defect, inefficient operation of the space or removal from of the space.
  3. WARRANTIES: West Hill Center makes no express warranties unless same appear in writing, are signed by West Hill Center and specifically refer to said space and to the Contract NO WARRANTY IS MADE THAT THE space WILL SUIT CUSTOMER'S PURPOSE, THE SELECTION OF space HAVING BEEN MADE BY CUSTOMER NOR ARE THERE ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE space. UNDER NO CIRCUMSTANCES SHALL West Hill Center BE LIABLE FOR LOSS OF USE, DOWN-TIME OR ANY OTHER CONSEQUENTIAL DAMAGES.
  4. RETURN OF space: Upon expiration of the term of the Contract, or upon earlier termination by West Hill Center as herein provided. West Hill Center shall be entitled to immediate possession of the space Before returning the space to West Hill Center. Customer shall notify West Hill Center who will have a qualified representative inspect the space to determine the existence of any damage beyond normal wear and tear. In the absence of such prior notice to West Hill Center. West Hill Center's determination of damage beyond normal wear an tear upon recovery or receipt of space shall be binding on Customer. Customer shall be responsible for payment of all expenses for the return of the space to West Hill Center.
  5. DAMAGE TO space: Customer shall assume liability and full responsibility for any damage (other than normal wear and tear) to or loss of the space from the time it is rented from West Hill Center until it is returned thereto by Customer. The phrase "normal wear and tear" as used in this Contract means wear or deterioration normally expected from operation of the space and its components.
  6. Local Fees for Operation : Customer shall pay all taxes, assessments, fees and penalties which may be levied or assessed on renters business in respect to the operation. Customer shall provide, at its own expense, all permits and licenses necessary for the operation and use of the space. Customer shall comply with all laws, regulations, and ordinances applicable to the use, possession and operation of the space, and shall indemnify, defend and hold West Hill Center harmless from any consequences of Customer's noncompliance.
  7. INSURANCE REQUIREMENTS LONG TERM: The following requirements of insurance are needed to satisfy our insurance company.
    1. Lessee to provide single limits of liability in the amount of $1,000,000 or greater for long term lease. Bodily injury or property damage.
    2. Lessee shall provide Hold Harmless agreement indemnifying West Hill Center.
    3. Lessee must provide and West Hill Center keep on file a certificate of insurance with a yearly renewal, and with a 10 day Notification of Cancellation.
    4. Lessee shall provide a Loss Payable certificate to West Hill Center for the dollar amount of the space leased or rented.
    5. Lessee name as Additional Insured on his policy, West Hill Center.
    6. Lessee will be held responsible for all physical damage to the space leased or rented.
    7. Lessee must provide "all risk" physical damage insurance for space leased or rented.

West Hill Center: Title to the space shall at all times remain vested in West Hill Center. Customer shall not have any right or option to purchase the space. Customer further agrees that West Hill Center has the right to assign its rights under the Contract, and in the event of such assignment and receipt of notice thereof Customer shall make its rental payments unconditionally directly to such assignee. Customer shall not remove anything from the space, from the County and State specified herein without the prior written consent of West Hill Center or its assignee.

  1. SUBLETTING or ASSIGNMENT: Customer shall not assign this Contract nor sublease the space or allow others to use the space nor release possession of the space without prior written consent of West Hill Center or West Hill Center's assignee. Customer, at its own expense, shall protect and defend West Hill Center, or West Hill Center's assignee, from the claims liens and legal processes of creditors of Customer and shall keep the space free and clear from any such claims. The space is and shall remain personal property.
  2. DEFAULT: Misrepresentation or concealment by Customer of any material fact relating to this Contract or Customer's nonperformance of any of its obligations hereunder shall constitute a default. In addition, Customer shall be deemed in default in the event bankruptcy, receivership or insolvency proceedings are instituted by or against Customer or it Customer enters into any assignment or arrangement for benefit of creditors or in any manner discontinues its business. Customer shall also be deemed in default if in the opinion of West Hill Center the space is being misused, abused, improperly maintained, wasted or allowed to deteriorate.
  3. Time is of the essence and Customer shall make all rental payments and other payments due hereunder. Failure to make any such payment when due shall constitute a default.

    UPON CUSTOMER'S DEFAULT, West Hill Center MAY TERMINATE THIS CONTRACT, WHEREUPON CUSTOMER'S RIGHT TO USE THE space SHALL CEASE FORTHWITH, but Customer shall remain liable to West Hill Center for all unpaid rentals and other payments due hereunder for the balance of the minimum guaranteed term of this Contract or until the space is returned to West Hill Center, whichever period is longer. In the event of such termination, West Hill Center may (1) Require Customer to return the space to West Hill Center's place of business at Customer's expense or at any other place West Hill Center may reasonably direct Customer to deliver said space, or (2) Enter upon Customer's space to take possession of the space, AND CUSTOMER HEREBY SPECIFICALLY WAIVES ANY RIGHT OF COURT HEARING PRIOR TO SUCH REPOSSESSION . In the event of repossession, Customer shall be liable to West Hill Center for all damages necessarily and reasonably incurred by West Hill Center in securing possession of the space, including reasonable attorney's fees, and West Hill Center may re-rent the space to any third party upon such terms as West Hill Center shall determine. West Hill Center may proceed by appropriate court action to enforce performance by Customer of the terms of this Contract or to recover for the breach thereof. West Hill Center's rights hereunder are cumulative and not alternative. West Hill Center may waive any default or remedy without waiving any prior or subsequent default or remedy or without waiving any claim for damages.
  4. IRREVOCABILITY: This contract is irrevocable for the full term hereof and for the aggregate rentals herein above reserved and the rentals shall not abate by reason of termination of Customer's right of possession or use, or Customer's non-use of the space and/or the taking of possession by West Hill Center or for any other reason. Delinquent sums payable hereunder shall bear interest either at the highest legal rate or 1% per month whichever is less.
  5. GENERAL PROVISIONS:
    1. 1. No oral agreement, guaranty, promise, condition, representation or warranty shall be binding. All prior conversations, agreements ore representations relating hereto and/or to the space are incorporated herein, and no modification hereof shall be binding unless agreed to in writing by West Hill Center.
    2. 2. Time indulgence or concession granted by West Hill Center to Customer shall not alter or invalidate this Contract, or constitute a waiver of any provisions hereof.
    3. 3. The terms "West Hill Center" and "Customer" as used in this Contract shall include the heirs executors, administrators, successors, or lawful assigns of West Hill Center and/or Customer.
    4. 4. If more than one Customer executes this Contract their obligation shall be joint and several.
    5. 5. This Contract shall be deemed a Texas contract and shall be governed by the laws of the State of Texas in force on the date of execution hereof. The invalidity or un enforceability of any provision hereof shall not affect the validity or enforceability of any other provision.

    6. ACKNOWLEDGMENT: Customer acknowledges receipt of a copy of this Contract and agrees that the terms and conditions of the transaction with West Hill Center are correctly and completely stated herein.

Signed:______________________________ Dated:_______________________________________