Section Adm 808.02 - Content of License Agreements at No Cost or with a Total Value Equal to or Greater than the Governor and Council Approval Threshold(a) In regard to license agreements at no cost or with a total value equal to or greater than the governor and council approval threshold for the duration of the agreement, the proposed licensor selected and the agency shall, if the process has not been cancelled by the state, and unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, execute a licensing rental agreement containing the information set forth below.(b) The license agreement shall contain at least the following:(1) The name and address of the proposed licensor and the agency renting space;(2) A description of the space to be rented, including the street address, location within the building, and square footage of the space being rented;(3) The specific hours, days, or times of occupancy by the agency;(4) A description of the business purpose of the agreement;(5) If the agreement includes the right to use services existing at the premises, such as telephones, photocopiers, or internet services, a description of the services and the terms under which they are offered, including price;(6) The commencement and expiration dates of the agreement;(7) A provision indicating that the agreement and the commencement of its term, and any extensions thereof, is conditioned upon its approval by the governor and executive council;(8) The fee for the use of the premises, calculated both according to any periodic payments and by total cost over the duration of the agreement;(9) A provision regarding the insurance that the proposed licensor shall maintain;(10) General terms and conditions including:a. A provision regarding indemnification;b. A provision indicating that no provision in the license is intended to be, nor shall it be, interpreted by either party to be a waiver of sovereign immunity;c. A provision indicating that the license will be interpreted according to the laws of New Hampshire;d. A provision indicating that the license embodies the entire agreement between the parties and supersedes all prior agreements relating to the subject matter of the license; ande. A provision indicating that the agreement may only be modified or amended by mutual agreement, in a writing signed by the parties, and that no amendment will become effective without the approval of the governor and executive council;(11) The name of the agency entering the license;(12) The full name and title of the person authorizing the license on behalf of the agency;(13) The full name of the individual or association that will be entering the license as a licensor; and(14) The name and title of the person authorizing the license on behalf of the proposed licensor.(c) Sample license agreements shall be made available to an agency by the division.(d) The terms of a license agreement described in (b) above shall be contained in any license agreement submitted for approval by the agency unless a modification or amendment thereof has been approved by the New Hampshire department of justice.(e) Unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, the license agreement shall have attached thereto the following: (1) If janitorial services are to be provided by the proposed licensor, a description of those services and how they shall be performed;(2) A description of the provisions that are either in place or are contractually agreed to be performed in the future in order to assure architecturally barrier-free access leading into and extending throughout the licensed space, in accordance with RSA 275-C and the federal Americans with Disabilities Act;(3) Proof, in the form of a letter signed by a representative of the committee on architectural barrier-free design established pursuant to RSA 275-C, that the agency has received an opinion from that committee regarding whether the licensed space meets barrier-free requirements;(4) A current certificate of insurance, indicating the existence of insurance in an amount specified in the license agreement;(5) If the proposed licensor is a New Hampshire corporation, partnership, or other form of business association, a current certificate of good standing, certificate of existence, or other documentation from the New Hampshire secretary of state indicating that the proposed licensor is duly constituted and in good standing in the state of New Hampshire;(6) If the proposed licensor is a corporation, partnership, or other form of business association not formed in New Hampshire, documentation from the New Hampshire secretary of state that the proposed licensor is registered to do business in New Hampshire;(7) If the proposed licensor is not an individual, a fully executed certificate of authority, in such format as specified following consultation with the New Hampshire department of justice, indicating that the corporation or other entity has resolved to enter the agreement and that corporate officers or other representatives of the entity are authorized to act in regard thereto;(8) A description of the licensed space, including its square footage and location within the building to be used by the agency; and(9) If the annual rent is not a fixed amount throughout the duration of the term, a schedule of annual and monthly payments due during the initial term and during any extended term of the license, referencing any and all provisions of the license that define the annual rent.(f) The parties to the license agreement shall provide their authorized and notarized signatures on the license agreement, but such license agreement shall not be effective unless and until approved by the New Hampshire department of justice and the governor and executive council.(g) A standard license agreement shall contain spaces in which an authorized representative of the New Hampshire department of justice shall, if he or she approves of the agreement, provide his or her signature and the date thereof.(h) A license agreement shall contain spaces in which the approval of the governor and executive council, if any, shall be noted by the office of the secretary of state, together with the date of such approval.(i) A license agreement shall contain, as an attachment, a cover letter submitted or to be submitted by the agency to the governor and executive council, requesting authority to enter into the license agreement.(j) The clauses of a license agreement shall incorporate any attached exhibits by reference.N.H. Admin. Code § Adm 808.02
Derived from Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 800).