3. Period The period of the agreement shall not exceed 12 months and is set out in Item 4 of the Schedule.
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1 THE UNITING CHURCH IN AUSTRALIA SYNOD OF VICTORIA AND TASMANIA LICENCE AGREEMENT NON EXCLUSIVE USE OF CHURCH BUILDINGS FOR UP TO 12 MONTHS THIS AGREEMENT is made.. day of between The Uniting Church in Australia Property Trust (Victoria) ( the Owner ) of the one part on behalf of. Uniting Church, and the Licensee named and described in Item 1 of the Schedule ( the Licensee ). IT IS AGREED: 1. Premises The Owner allows the Licensee to have the non-exclusive use of the premises described in Item 2 of the Schedule ( the premises ) subject to the terms and conditions set out herein. 2. Licence Fee The Licensee will pay to the Owner in advance, the fee agreed as set out in Item 3 of the Schedule. For the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (as amended), these terms and conditions are accepted if a GST component is specified within the Schedule, as a Tax Invoice for each payment as it falls due. 3. Period The period of the agreement shall not exceed 12 months and is set out in Item 4 of the Schedule. 4. Extension of Licence If the Licensee requires a new licence from the Owner for a period of time not exceeding 12 months, the Licensee should give written notice to the Owner, not less than three months prior to the expiration term of this licence. In the event that the Owner is willing to grant a new licence the licence fee may be reviewed, a new licence agreement must be signed and a new insurance certificate must be provided. 5. Condition of the Premises The Owner will ensure that the premises are in good repair. 1
2 6. Licensee s Obligations The Licensee will: (a) (d) (e) (f) (g) (h) Keep the facilities clean, tidy and in good order and place all refuse in rubbish bins provided. Pay all charges in respect of the use of electricity, gas, water consumption and telephone costs in respect of the Licensee s occupation of the premises. The Licensee also agrees to contact the respective authorities 48 hours prior to vacation to arrange final meter readings. Notify the Owner immediately upon becoming aware of any defects in the premises or any other matter which may give rise to a liability pursuant to the Occupiers Liability Act, Make sure that care is taken to avoid damaging the premises. Pay to the Owner the reasonable costs of repairs or replacement to items damaged during or as a result of the Licensee s occupation of the premises. Ensure that nails, pins, drawing pins or other fastenings are not driven into or affixed to walls or woodwork and adhesive tape is not used to fasten or affix items to any wall, window, woodwork or curtains. Ensure that nothing indecent, obscene or suggestive is displayed. Return all keys to the Owner when the Licensee ceases to use the facilities. 7. Use of the Premises The Licensee will not: (a) (d) (e) Use or allow the premises to be used for any illegal purposes. Use or allow the premises to be used in such a manner as to cause a nuisance to the occupants of neighbouring properties or persons using other portions of the facilities at the same time. Permit or cause to be done any act or thing which may tend to injure or offend against the reputation or principles of the Uniting Church in Australia. Permit smoking inside the premises. Erect or cause or allow to be erected on or near the premises any sign, advertisement or other material without the consent of the Owner. 8. Quiet Enjoyment The Owner will take all reasonable steps to ensure that the Licensee has quiet enjoyment of the premises. 9. Cancellation and Termination Either party may terminate the licence after giving 4 weeks notice in writing, without specifying any cause. The Owner may terminate the arrangement without prior notice in the event of non-payment under Clause 2 or for any breach by the Licensee of Clauses 6, 7 and Indemnity (a) The Licensee shall indemnify the Owner and hold it harmless from and against all damages costs, actions claims and demands which may be sustained or suffered by or against the Owner arising out of the use of the premises by the Licensee, its servants, employees, agents, invitees and/or 2
3 any other person whatsoever, and for which the Licensee, its servants, employees, agents and/or invitees are legally liable. The Licensee shall indemnify the Owner against all liability in respect of injury or damage to any third person or third party property arising from any conduct, act or omission by the Licensee, its servants, employees, agents and/or invitees. 11. Insurance (a) The Licensee will obtain and keep in force a public liability insurance policy for an indemnity of not less than the amount set out in Item 7 of the Schedule against any damage to the premises or any legal liability arising from the use of the premises and for which the Licensee, its servants, employees, agents and/or invitees are legally liable. Prior to the commencement of the licence the Licensee will provide a Certificate of Currency of Insurance to the Owner. The Licensee shall not do or allow anything to be done which would invalidate any insurance policy on the premises or increase the premium and the Licensee shall pay to the Owner's Agent all increased premiums and other expenses incurred as a consequence of any breach of this term. The Licensee agrees to pay to the Owner's Agent any excess imposed by the Owner's insurance company in the event of damage to the premises or its fittings and fixtures caused by the Licensee, its servants, employees, agents and/or invitees. 12. Copyright It is a condition of the agreement that where the premises may be used for a performance of a musical, literary or dramatic work the Licensee will obtain any necessary copyright permission. The Licensor does not authorise the use of protected sound recordings or exhibition of copyright material for which the licensee does not have a licence to use. The Licensee hereby acknowledges that it will indemnify the Licensor against any liability arising out of the Copyright Act (as amended). 13. Holding Over If the Licensee remains in occupation of the premises following the expiration of the agreement, the Licensee shall be deemed to be a monthly Licensee on the basis of the terms and conditions contained in the agreement to the extent to which such terms and conditions shall be applicable to a periodic tenancy. If the Licensee intends to vacate the premises, notification must be provided to the Licensor's authorised officer [Item 6] IN WRITING 28 DAYS prior to the expiration of the lease or on the month to month tenancy agreement. 3
4 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED on behalf of THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST [VICTORIA] (Licensor) by its authorised representatives: Chairperson of Church Council: Secretary/Member of Church Council:. SIGNED by the Licensee..... in the presence of:. Witness or SIGNED on behalf of the Licensee by. in the presence of:. Witness 4
5 SCHEDULE THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (VICTORIA) on behalf of UNITING CHURCH Tax Invoice Item 1 Licensee: Name: Address: Item 2 Premises: Item 3 Licence Fee: $ payable in advance Item 4 Commencing Date: / /200 to / /200 Item 5. Permitted Use: Item 6 Licensor s Authorised Officer: Contact Person: Telephone Number: Item 7 Insurance: $10 million Dated day of
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