Rental Policies

The Agreement to Rent and Maintain can be neither cancelled or modified except by a written agreement signed by the Rentee and by a corporate officer of the Renter. The Rentee’s acceptance of the Plants and Accessories shall be irrevocable unless the Renter receives the Rentee’s written detail of substantial nonconformance of the Plants and Accessories within 10 days of acceptance.

1. PREMISES. Movie Greens shall deliver the Plants and Accessories to Rentee’s premises; Rentee shall not remove the Plants and Accessories from the Premises during the term of the Agreement without written consent of Movie Greens.

2. HORTICULTURE SERVICE. Movie Greens shall have the obligation to maintain the Plants during the term of the Agreement. In order to do so, Movie Greens shall visit the Premises regularly. “Maintain” shall mean watering, fertilizing, trimming, pruning, spraying, and any other act necessary to keep the Plants healthy, vigorous, well-groomed, and established in their environment. Service frequency is determined by environmental factors and is subject to Movie Greens’ sole discretion. Rentee shall provide Movie Greens with access to the Premises for the purpose of horticulture service and inspection during Rentee’s normal business hours. Rentee shall not, and shall not permit others to maintain the Plants.

3. PROPERTY OF MOVIE GREENS. The Plants and Accessories are and shall remain the property of Movie Greens. Upon expiration or earlier termination of this Agreement, Rentee agrees to permit Movie Greens to remove such Plants and Accessories from the Premises.

4. REPLACEMENT OF PLANTS. If any of the Plants shall die or shall become unsightly or sickly during the term of the Agreement, Movie Greens shall replace said Plants; provided however, that if the death or unsightly or sickly condition of Plants is caused by Rentee, its guests or employees (or other guests or employees of the building), fire, theft, acts of God, or other events beyond Movie Greens’ control, including without limitation the following;

• The Plants are watered, fertilized, or moved by persons other than Movie Greens without the consent of Movie Greens. 
• Temperatures at the Premises shall be below 50 degrees Fahrenheit for more than two hours or above 90 degrees for more than 24 hours.
• Natural or artificial lighting levels are lowered below the minimums specified by Movie Greens; Then Movie Greens shall be obligated to replace such Plants only upon payment to it by Rentee of the cost thereof and upon the expiration or cancellation of this Agreement Rentee shall reimburse Movie Greens for the cost of such Plants if not previously replaced by Movie Greens at Rentee’s expense as aforesaid. In the event the Plants have died or become unsightly or sickly and such condition is caused by Rentee and the Plants have not been replaced for the reason that Rentee has not paid the replacement cost thereof. Rentee’s obligation to pay Rent hereunder shall not be affected.

5. ADJUSTMENTS and RENEWALS. Movie Greens reserves the right to adjust the Rental fee no more than once annually; but not to exceed 10% annually provided, however that the horticulture service fee may be further increased if horticulture service of additional plants are requested by Rentee. Such renewals shall be automatic without any action required of Rentee or Movie Greens; provided, however, that if Rentee shall desire to refrain from exercising its options to renew it shall give written notice to Movie Greens of its intention not to renew at least thirty (30) days prior to the termination of the then current Rental term hereof.

6. DEFAULT; REMEDIES. If Rentee shall fail to pay the Rent within 30 days after the same shall have become due, or if it shall fail to perform or observe any of the Agreements on it’s part herein contained, Movie Greens shall have the right to terminate this Agreement forthwith, without notice, and upon such termination shall have the following rights and remedies in addition to any other rights and remedies at law:

a) Forthwith to enter the Premises and remove the Plants and accessories; and

b) To apply the Security Deposit to:

1) The payment of any Rent/horticulture service unpaid hereunder

2) Reimburse Movie Greens for the cost of any Plants and Accessories damaged or not returned to it

3) The established then fair market value of the Plants and Accessories if the Rentee exercises a purchase option at the end of Rent term, or

4) Retain the Security Deposit if Rentee elects to continue Rent at then fair market value renewal rate

Termination by Movie Greens of the Agreement and exercise of its rights as aforesaid shall not preclude it from bringing any other action to collect damages for breach by Rentee of its obligations hereunder.

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