University of Montana Venue License

This tenant agreement (“Agreement”) is made and entered into as of January 15, 2021 by and
between the University of Montana, 32 Campus Drive, Missoula, MT 59812 (“UM” or
“University”), and the Missoula County, 200 W Broadway St, Missoula, MT 59812 (“MC”)
(together, the “Parties”).

License for Premises

UM hereby grants to MC a license to use and occupy the University Center event space
(“Premises”), located on the University of Montana campus in Missoula, Montana, for the
purpose of COVID-19 Incident Command and Call Center/Missoula County (“Event”).

Let Premises
Attached hereto as Exhibit “A” is a general site plan of the third floor area of the University Center,
the University of Montana, Missoula, Montana, which shows the location of let premises within
the University Center.
Rent Payment
Rent for the 4860 square feet of space in the UC shall be payable in monthly installments
commencing the 1st day of February, 2021 and due on the 10th day of each month thereafter. Rent
for the six (6) months shall be forty-eight thousand six hundred dollars ($48,600.00) payable in
monthly rent installments of eight thousand one hundred dollars ($8,100). The rent is derived from
Landlord’s rate of twenty dollars and zero cents ($20.00) per square foot per year. MC's rent
payments shall be made to the University Center. Facility usage of rooms 326, 327, 329 of the
University Center beginning January 15th, 2021 through January 31st, 2021 MC agrees to pay $20
per square foot prorated for seventeen (17) days totaling one thousand seven hundred eighteen
dollars and ninety cents ($1718.90). MC agrees to vacate the space fully on or before July 31st,
2021.
Late Payment
A late payment penalty fee equal to one percent (1%) of the monthly rent payment due will be
charged against MC for any monthly rental payment that is not received by Landlord by the close
of business on the 10th day of the month such payment is due. A late payment interest charge equal
to one-half of one percent (.5%) of the monthly rental payment past due will also be charged
against MC for each day after the 10th day of the month that a monthly rent payment is past due.
It is expressly understood by MC that this section does not limit Landlord’s rights to hold MC in
default of the Lease as provided by section 9 herein, or as otherwise provided by law.
Use.
Possession and use of the premises shall be delivered by the University Center to MC solely for
MC uses as are described in Rent Payment hereof, under the name of MC any other future name
mutually agreed upon by the parties.

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Room 326, 327, 329, 330, 331, 332, 333 = 4860 sq. ft. designated as COVID Vaccine Command
and Call Center
Terms and Conditions

Americans with Disabilities Act

MC shall comply with the Americans with Disabilities Act of 1990, as amended.

Access to and Control of Premises

UM at all times reserves the right to manage the Premises in accordance with its reasonable
discretion. MC shall abide by and shall use reasonable efforts to cause all MC employees, agents,
and event participants, to abide by such reasonable rules to the extent they do not conflict with
this Agreement.

Assignment

Neither this Agreement nor any of the rights, duties or obligations of MC hereunder are
assignable by MC, without prior written consent by UM, at UM’s sole discretion.

Compliance with Law and Policies

MC shall use reasonable efforts to cause its respective employees, agents, contractors, licensees,
guests, to comply with all established laws, statutes, ordinances, regulations, and rules of the
federal, state, county, city and local government, University, Montana University System, laws
and policies having jurisdiction over the Premises and with any lawful direction or order of
public officers related thereto.

Term of Agreement

01/15/2021-07/31/2021

Custodial

The University Center will provide dumping of basic trash, vacuuming office areas and common
area of let premises. The University Center will pay expenses for hauling trash and garbage as
well as recyclables from the University Center building to an appropriate depository. MC shall
be responsible in an orderly fashion, and in a manner so as not to disrupt other functions in the
University Center, to deposit cardboard and other recyclables in a common University Center
depository in full cooperation with the managers of the University Center. MC shall provide their
own sanitization.

Access

MC agrees to check out keys to the rooms under individual names. Key checkouts require a $5
deposit per key that will be returned to the individual so long as the key is returned not lost or

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broken. The individual agrees to not loan their key to anyone else or deposit refund will be
forfeited.

Damage

MC shall be responsible for all costs to repair or restore damage to University property caused by
its acts (including the acts of its attendees) in carrying out the activities permitted in this
Agreement.

Early Termination

The University reserves the right to withdraw permission to use the Premises and terminate this
Agreement, at its sole discretion, at any time, if it reasonably deems necessary for the purposes
of safety, security, operational necessity, any overriding public requirement, or if unforeseen
events make it inadvisable, illegal or impossible to provide the required facilities.

Excuse of Event

The Parties will be excused from the performance of their respective duties and obligations set
forth in this Agreement to the extent that the Event is rendered impossible or impracticable by a
force majeure event, such as strikes, lockouts, sit-downs, material or labor restrictions by any
governmental authority, unusual transportation delays, riots, floods, severe weather events,
explosions, acts of the public enemy, wars, insurrections, pandemic, University for health/safety
reasons and/or any other cause not reasonably within the control of UM or MC, or which, by the
exercise of due diligence, either UM or MC is unable, wholly or in part, to prevent or overcome.

If performance of this Agreement is excused in accordance with this provision, then the Parties
shall share equally in any incurred costs up to the point of event excuse.

Governing Law

The validity, interpretation and performance of this Agreement shall be governed by and
construed in accordance with the laws of the State of Montana without regard to conflict-of-laws
principles. The exclusive venue for any proceeding that may be instituted in connection with this
Agreement and the Parties’ rights and liabilities hereunder shall be in Missoula County,
Montana.

Indemnification

MC shall defend, indemnify and hold harmless UM, its employees and agents, from all claims,
liabilities, demands, causes of action or judgments, including costs and attorney fees, asserted by
or awarded to third parties as a result of any negligent action or omission or willful misconduct
of MC, its employees or agents.

MC agrees to indemnify University and its employees and agents from all liabilities, obligations,
damages, penalties, claims, costs, charges and expenses (including reasonable attorney’s fees), of

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whatever kind and nature for injury, including personal injury or death of any person or persons,
and for loss or damage to any property, including its visitors, students, employees, as the case may
be, occurring in connection with, or in any way arising out of the use, occupancy, of the University
facilities. This provision shall survive the termination of this Agreement.
The University of Montana is not responsible for any loss, damage, injury (including personal
injury or death), and/or claim suffered by the responsible party, including Event attendees,
resulting from responsible party’s use of the premises except as caused by the University’s own
gross negligent, action, omission or willful misconduct.
UM shall defend, indemnify and hold harmless MC, its employees and agents, from all claims,
liabilities, demands, causes of action or judgments, including costs and attorney fees, asserted by
or awarded to third parties as a result of any negligent action or omission or willful misconduct of
UM, its employees or agents.

Insurance

MC must provide proof of comprehensive general liability insurance, including bodily injury,
personal injury and property damage, with combined single limits of not less than $1,000,000 per
claim and $2,000,000 per occurrence throughout the period of use. Coverage shall be occurrence
coverage and University of Montana and State of MT shall be named as an additional insured. A
certificate of insurance naming University of Montana as additional insured must be provided.
Invalidity
If a term or provision of this Agreement or its application is held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, then the remainder of this Agreement, or the
application of such term or provision to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and each remaining term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Logos and Name
MC may not use the University of Montana’s name or any of its logos on any mailings, brochures,
social media, programs, advertising or promotional sales or literature, or any other publicity
without the express, written approval of the University. The address as set forth above may be used
to describe the location of the event.
Parking

Most parking at UM is permit parking Monday through Friday between the hours of 8 a.m. and 5
p.m. Hourly pay or other parking is available off Campus Drive, east of the University Center, as
well as other options.
Requested Parking Passes charges are not included in your rental cost, and will be billed separate.

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Public Nature of Agreement

The Parties acknowledge that this Agreement is a matter of public record.

Risk Management

The University of Montana strives to provide a safe learning environment for members of the
University community as well as for all persons who engage in University activities and who use
University property. Therefore, MC must identify hazards and risks that may arise in connection
with Event. The University will then work with MC to create a risk management plan. A
mutually agreed upon risk management plan is will be required 10 days prior to the Event.

MC will advise the University if event participants are less than eighteen years of age and will
provide adequate supervision, as deemed by UM.

Security

The University requires that adequate security measures be taken to provide protection for
persons seeking attendance, persons in attendance at the Event, and for the University property
involved. The University will evaluate the following factors to determine required security
services for the Event.

MC is responsible for charges associated with security services provided for the Event. Security
charges for the Event are set forth in Schedule A attached to this Agreement.

The University of Montana restricts the possession and use of firearms on all campuses of The
University of Montana. Possession or use of firearms, explosives, destructive devices, BB or
pellet guns, dangerous chemicals, or other highly dangerous weapons are prohibited, except as
expressly authorized in advance by the Director of UMPD. Individuals authorized to carry
firearms without prior approval from the President or UMPD Director includes: Local, state and
federal police officers and authorities that are empowered by federal law to be armed.
Food and Beverage
MC agrees to use University Catering Services for all functions involving the service of prepared
food, drink, or alcohol beverages. Catering charges for food and beverage will be billed monthly
and is not included in the monthly room rental fees.
Smoking
Smoking, the use of other tobacco products, and e-cigarettes and other similar smoking devices
is prohibited on all campus property. Exceptions for the ceremonial use of tobacco, such as
smudging or pipe ceremonies, are granted with prior approval only. Marijuana use is prohibited
on University property.
Use Represented

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MC may use Premises only for purposes of the Event, including setting up and taking down, and
for no other purpose or activity. Such use may not interfere with the University’s educational and
operational activities.

University of Montana Missoula City-County

By: __________________ _________ By: __________________ ________

Date Date