Services

Building Signage Elevators Forms Service Elevator/Loading Dock HVAC Janitorial Services Notary Public Recycling/Trash Removal Tenant Services

BUILDING WAIVER AND RELEASE

I am an employee of * ("Tenant")

145 South Wells Street, Chicago, Illinois (“Building”) leasing space known as Suite pursuant to Tenant's lease (“Lease”) with 145 South Wells Holdings, LLC, an Illinois limited liability company (“Landlord”) and do hereby voluntarily execute this Building Waiver and Release (“Waiver”).

Key Card

My entry to the Building and use and enjoyment of amenities therein authorized by the key card issued to me by the manager of the Building, Jones Lang LaSalle Americas (Illinois), L.P., and Illinois limited partnership (“Manager”). My use of the Key Card at all times shall comply with and be subject to the terms and conditions of the Lease and the Building Rules and Regulations, as amended from time to time by Landlord (“Rules and Regulations”). I will not allow others to use my key card in my absence and I am fully responsible for the acts, actions or omissions of any guest, invitee or other person using key card with my acquiescence for entry to any portion of the Building; I am responsible for the costs of replacing the key card if it is lost or misplaced and the expense of resetting security settings to prevent unauthorized entry; and if I fail to adhere to these provisions, the Manager may require that I forfeit the key card.

Amenity Floor - General

In addition to authorizing entry to the Tenant space identified above, my key card will authorize entry to the 20th floor of the Building (“Amenity Floor”). I agree that my presence or that of my guests and invitees on the Amenity Floor and all related use of enjoyment of the spaces, amenities, facilities or equipment located therein, such as using the Fitness Center (defined below), yoga/spin room, golf simulator, televisions and game tables, consuming food or beverage at the bar/café, cooking, grilling or making other use of barbeque units, firepits and other social meeting areas (collectively, “Amenity Floor Activities”) shall comply with and remain subject to all the terms and conditions of the Lease, including the Rules and Regulations and the specific rules governing the Amenity Floor (as amended from time to time by Landlord, including, without limitation, any and all COVID-19 related safety measures which safety measures are subject to change from time-to-time, “Amenity Rules and Regulations”). The use of the conference rooms on the Amenity Floor requires a prior reservation with the Manager and is subject to usage rates established from time to time by the Landlord. If I fail to adhere to these provisions, the Manager reserves the right to re-program my key card to deny access to the Amenity Floor, and I will forfeit privileges to use the Amenity Floor. I acknowledge the Amenity Floor is not supervised by attendants and that Landlord does not assure video surveillance of all areas in the Building, including the Amenity Floor. I voluntarily and fully assume, to the fullest extent permitted by law, any and all risks, known and unknown, in any way arising from or related to or associated in any manner with Amenity Floor Activities.

Fitness Room

When using or accessing the fitness center or yoga/spin room located on the Amenity Floor (collectively, “Fitness Center”), I specifically acknowledge that (i) the Fitness Center is not supervised or staffed, (ii) there are inherent risks to exercising and (iii) I have been advised to obtain a physical examination prior to using the Fitness Center and that if I exercise in the Fitness Center, I do so at my own risk. I agree that I am responsible for securing my personal effects in the lockers provided in the changing area, that Landlord is not responsible for unauthorized entry to the lockers and is not a bailee, and I hereby release Landlord from any and all claims arising from theft, loss or damage that may occur to my personal property therein. I am responsible for removing my items out of the lockers and change rooms when finished with my workout. I understand all items left in the lockers or changing rooms will be disposed of.

Assumption of Risk - COVID-19

I understand that there has been declared a worldwide pandemic by the World Health Organization, that COVID-19 is extremely contagious, and that, as a result, federal, state and local governments and health agencies recommend social distancing and have, in many locations, prohibited or limited the congregation of groups of people and have issued guidance for social distancing and other strategies aimed at mitigating transmission of COVID-19. Future guidelines may continue to recommend social distancing.

I understand that entering the Building or Amenity Floor Activities could increase my risk of contracting COVID-19. I voluntarily assume risk that I may be exposed to or infected by COVID-19 by entering the Building or engaging in Amenity Floor Activities, that such exposure or infection may result in bodily injury, illness, permanent disability, and death to myself and to others whim I may subsequently expose to or infect with COVID-19, and that such exposure or infection may require tat myself and other self-isolate in accordance with federal, state and local health agencies guidance and requirements. I understand that the risk of becoming exposed to or infect by COVID-1 in the Building, the Fitness Center or Amenity Floor may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Landlord Parties (defined below) as well as contractors and tenants and other permitted users of the Building, including the Fitness Center and Amenity Floor.

I understand that entering the Building or Amenity Floor Activities could increase my risk of contracting COVID-19. I voluntarily assume risk that I may be exposed to or infected by COVID-19 by entering the Building or engaging in Amenity Floor Activities, that such exposure or infection may result in bodily injury, illness, permanent disability, and death to myself and to others whim I may subsequently expose to or infect with COVID-19, and that such exposure or infection may require tat myself and other self-isolate in accordance with federal, state and local health agencies guidance and requirements. I understand that the risk of becoming exposed to or infect by COVID-1 in the Building, the Fitness Center or Amenity Floor may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Landlord Parties (defined below) as well as contractors and tenants and other permitted users of the Building, including the Fitness Center and Amenity Floor.

Relase and Indemnity

In consideration for being granted the privilege of using the key card for entry to the Building and to engage in Amenity Floor Activities, and to the fullest extent permitted by law, I hereby fully WAIVE, RELEASE AND DISCHARGE Landlord, Manager, Landlord's lenders, including MEPT 145 South Wells Street Lender LLC, NewTower Trust Company, Bentall Green/Oak (U.S.) Limited Partnership, and the successors and/or assigns of all of the foregoing, and all their respective affiliates, parents, subsidiaries, direct and indirect partners, members, officers, directors, employees and agents, past, present and future, (each such person and entity individually, a “Landlord Party”, and collectively, the “Landlord Parties”) from and against any and all Claims. “Claims” mans, individually and collectively, any and all claims, demands, damages, injuries, losses, liens, liabilities, penalties, fines, lawsuits, action and other proceedings and expenses (including attorneys') fees and expense incurred in connection with ethe proceeding, whether at trial or on appeal, including without limiting the foregoing, any injury, illness, harm, death, property damage or other loss arising from any exposure to or infection with COVID-19 by myself or other known or unknown, whether at law, by statute or in equity, in contract or tort, now or hereafter arising out of or in connection with my accessing or using the Building or Amenity Floor, including Amenity Floor Activities, and such access or use by my guests or invitees.

To the fullest extent permitted by law, I hereby agree to indemnify, defend and hold the Landlord Parties harmless from and against any Claims incurred, suffered by or made against any of the Landlord Parties arising out of or in connection with (a) any failure by me, my guests or invitees to observe the provisions of this Waiver or (b) any act, omission or actionable neglect by me, my guests or invitees in connection with accessing or using the Building or engaging in any Amenity Floor Activities.

My release and indemnity obligations in this Waiver shall not apply if the Claim arose solely from intentional misconduct by or gross negligence of the Landlord Parties.

I have read and fully understand this Waiver and agree that all covenants in this waiver are binding on me, my heirs, successors and assigns, forever. This Waiver is intended to be as broad and inclusive as permitted by the State of Illinois and shall be governed and interpreted in accordance with the laws of the State of Illinois. If any part of this Waiver shall be held invalid by any court of competent jurisdiction, the invalidity of such part shall not otherwise affect the remaining provisions of this Waiver.

Name *

Suite *

Date *

Email *

Phone Number *

Key Card Number *

E-signature *

* Required