The Lessor hereby promises and agrees:
To permit Lessee upon, faithful performance of the terms of this Lease, to peaceably have, hold and enjoy the use of the Leased Premises for the term and purposes described above.
To furnish at Lessor's expense, gas for the heating system, electricity for lights and power and water for drinking and sanitary restrooms. Lessor's air cooling system, if such system is existent, will also be operated at Lessor's expense during the season when deemed necessary for comfortable use of the Leased Premises. The extent of the use of utilities as are necessary for ordinary and comfortable use of the Leased Premises shall be determined by the agent designated by the Montgomery County Board of Education to supervise such use. Lessor shall not be responsible for any unavoidable delays, accidents, and failures of public utility services. Lessor will not furnish ticket sellers, ticket takers, ushers, spot light operators, security personnel, policemen, or firemen and all compensation paid to individuals for performing these types of services shall be paid by the Lessee.
The Lessee hereby promises and agrees:
To pay Lessor rent for the use of the Leased Premises in the sum of Said rent to be paid as follows: To pay such sum or sums to Lessor in lawful currency of the United States of America or by a certified or cashier's check.
To keep the Leased Premises clean and generally cared for during the term of the lease, with the exception of the cleaning services which are regularly provided by the Lessor's custodial staff.
To quit and surrender the Leased Premises to Lessor at the end of the term of this Lease in the same condition as at the date of the commencement of this lease, excepting ordinary use and wear and damages caused by the elements or acts of God.
To abide by and conform to all rules and regulations from time to time adopted or prescribed by the Lessor, for the operation and management of the Leased Premises.
To save the Montgomery County Board of Education harmless and to indemnify it against any claims or liability arising or resulting from any injury to the Lessee, its agents, servants or employees or to any property, visitor, spectator or participant in any activity by reason of the occupancy and use of said premises under this lease agreement, regardless of entrance gained to said Leased Premises by paid admissions, by pass issued by Lessee or Lessor or by any unlawful admission gained without knowledge of Lessor or Lessee.
This agreement is made and entered into upon the following express covenants and conditions, all and every one of which the Lessee hereby covenants and agrees to and with the Lessor to keep and to perform.
That Lessee will comply with the laws of the United States of America and of the State of Alabama, and ordinances of the City of Montgomery, and all rules and requirements of the police and fire departments or other municipal authorities of the City of Montgomery, and will obtain and pay for all necessary permits and licenses, and will not do or suffer to be done anything on said premises during the term of this Lease in violation of any such laws, ordinances, rules or requirements, and if the attention of Lessee is called to any such violation on the part of the Lessee or of any person employed by or admitted to the leased Premises by lessee, Lessee will immediately desist from and correct such action.
That Lessee shall not injure, nor mar, nor in any manner deface or otherwise damage the Leased Premises, or other buildings on the leased Premises or the grounds of the Leased Premises and will not drive or permit to be driven nails, hooks, tacks or screws into any part of the Leased Premises and will not make or allow to be made any alterations of any kind therein or on the grounds or premises thereof.
That if the Leased Premises, appurtenant buildings or grounds or any portion thereof are damaged by the act, default or negligence of the Lessee, or Lessee's agents, employees, patrons, guest, or any person admitted thereto by Lessee, Lessee will pay to the lessor upon demand such sum as shall be necessary to restore said Leased Premises, other buildings or grounds to its present condition. Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Leased Premises by the consent of the Lessee, and the Lessee agrees to have on hand at all times, at its own expense, such police force and/or certified security personnel and Fire Marshal as is deemed necessary by the Chief of Police or the Chief of the Fire Department of the City of Montgomery or by the Lessor to maintain order and to protect persons and property.
Any chairs or other type seats in addition to the permanent seating equipment of the Leased Premises which may be needed or used by lessee shall be furnished by Lessee.
That Lessee will permit no chair or movable seat to be or remain in the passageways and will keep said passageways clear at all times.
That lessee will not post nor allow to be posted or exhibited signs, advertisements, show bills, posters, or cards of any description inside or in front or on any part of said building except upon regular bill-boards provided by the Lessor therefore, and will use, post or exhibit only such signs, advertisements, show bills, posters or cards upon said bill-boards as related to the performance or exhibition to be given on the Leased Premises. That Lessee shall take down and remove all signs, advertisements, show bills, posters or cards objected to by Lessor.
That no performance, exhibition, or entertainment shall be given or held in the Leased Premises which shall be objected to by the Lessor.
That Lessee shall not admit into the Leased Premises a number of persons larger than the official seating capacity will accommodate or that can safely and/or freely move about therein.
That Lessor reserves the right through its representatives to eject any objectionable person or persons from said building and upon the exercise of this authority through its agents, or policemen. Lessor reserves the right to be present at all times during the Lessee's use of the Leased Premises.
That Lessor reserves the right to remove all property of the Lessee remaining on the Leased Premises after the termination of this Lease at the expense of the Lessee.
That no portion of the sidewalks, entries, vestibules, halls or stairways or access to public utilities of said building shall be obstructed by the Lessee or used for any purposes other than for ingress or a degress from the Leased Premises. The doors, entrances, stairways, or openings that reflect or admit light into any place in the building including hallways, corridors, and passageways, also heating appliances and lighting attachments, shall not be covered or obstructed by the Lessee. The rest rooms and equipment shall not be used for any purpose other than that for which they were constructed, and no sweepings, rubbish, rags, papers or other substances shall be thrown therein. Any damage resulting to harm from misuse of any nature or character whatever shall be paid for by the Lessee.
That in the event the said Leased Premises or any part thereof shall be destroyed or damaged by fire or any other cause or if any other casualty or unforeseen circumstances shall render the fulfillment of this Lease by either party impossible, the Lease shall terminate and the Lessee shall pay rental for the Leased Premises only up to the time of such termination. The Lessee hereby waives any claim for damages or compensation should this Lease be terminated because of one of the aforementioned circumstances.
That the Leased Premises and the keys thereto shall be at all times under the charge and control of the agents of the Montgomery County Board of Education.
That Lessee further agrees that if any default is made in the payment of the rent or any part thereof at the times above specified, or if any default is made in the covenant or agreement contained herein, this letting and relation of landlord and tenant shall cease and terminate at the option of the Lessor. The Lessor may remove all persons and property belonging to the Lessee from the Leased Premises and institute whatever legal action which may be appropriate to recover the payment of the rental fee, liquidated damages and attorney's fees.
That Lessee hereby waives all rights under the Constitution and the laws of the State of Alabama or any other state to claim personal property exemption for any liability, debt or obligation arising under this lease contract.
That any sum due to the Lessor from the Lessee for the use of the Leased Premises or any accommodations, service or material shall be first lien on the box office receipts of the Lessee.
Lessee shall upon request for the Lessor permit the Lessor or its agents to review and check all admission tickets as received by the Lessee from the printer in the original package prior to any ticket sales so the Lessor may accurately determine the exact number of admission tickets that will be offered for sale by Lessee.
That Lessee will not assign this Lease or sublet the Leased Premises without the written and endorsed consent of the Lessor.
That any matters not herein expressly provided for shall be at the discretion of the Montgomery County Board of Education, and that the terms and conditions of this Lease cannot be varied, amended, changed or otherwise altered unless such changes are in writing and attached hereto as an endorsement.