Terms and Conditions
General Terms and Conditions
Ascender 6401 Penn Ave Suite 300 Pittsburgh, PA 15206
Ascender USE AND SERVICES TERMS AND CONDITIONS PLEASE READ THIS USE AND SERVICES TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY BEFORE PURCHASING A MEMBERSHIP FROM Thrill Mill (dba “ASCENDER”). BY PURCHASING A MEMBERSHIP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
PLEASE BE ADVISED: It is your responsibility to review the most recent version of these Terms and Conditions frequently and remain informed about any changes to it. By continuing to use the Facilities (defined below), you consent to any update and/or modifications to these Terms and Conditions.
“Assigned Access Membership” means a membership granting to the Member exclusive rights to a specifically identified Office Space located within the Facility during the Term of their Membership, as indicated in the Membership Contract.
“Authorized Signatory” means an individual authorized to legally bind your company.
“Contact Member” means the primary in-house Member who should be the point of contact for ASCENDER.
“Facility” or “Facilities” means the premises in which the Office Space is located or made available to you by ASCENDER as part of your Membership, located at 6401 Penn Ave, Suite 300, Pittsburgh, PA 15206.
“Member” means You and each person you authorize on your Member List as being allowed to use your Office Space and receive the Services or other benefits of your ASCENDER membership pursuant to these Terms and Conditions.
“Member Property” means any equipment, documents, property or possessions that you bring into the Facility.
“Sales Contract” means the form or forms provided by You outlining your company or personal information.
“Office Space” means the office or workspace locations assigned to you by ASCENDER on an exclusive or non-exclusive basis as determined by your type of Membership as identified in the Sales Contract.
“Our Property” means any furniture, equipment, documents or other property in the Facilities that are owned or controlled by ASCENDER.
“Payer Member” means the Member contact responsible for authorizing monthly payments for ASCENDER.
“Services” means the services provided by or through the Site or by ASCENDER at the Facilities as outlined herein.
“Community Standards” means any of our policies and procedures accessible on the Site or otherwise made available to you, as added or amended by us from time to time.
“Site” means the website and portal provided under these Terms and Conditions (including related domains, sites, and mobile applications, as applicable).
“Term” means that period of time defined on your Sales Contract and any renewal periods.
“Unassigned Access Membership” means a membership granting to the Member non-exclusive rights to the Facility during the Term of their Membership, as indicated in the Sales Contract.
a. Subject to these Terms and Conditions (including any additional or supplemental terms and conditions specifically identified in your Membership Contract), the Community Standards, and any other policies we make available to you from time to time, during the Term (unless earlier terminated pursuant to these Terms and Conditions), ASCENDER grants to You and your Members (a) to the extent that You have an Assigned Access Membership, an exclusive, revocable license to use and occupy the Office Space, or (b) to the extent that You have an Unassigned Access Membership, a non-exclusive, revocable license to use and occupy the Office Space, in each case together with the following Services (“Membership”):
Non-exclusive access to the common areas of the Facilities as determined by ASCENDER in its sole discretion;
Regular maintenance of the Office Space, consistent with the maintenance provided to similar workspaces at the Facility, provided that, ASCENDER is not responsible for damage exceeding normal wear and tear;
Furnishings of quality and quantity typically provided by ASCENDER;
Access to the Site;
Access to the shared internet connection via WIFI;
Use of conference rooms, subject to availability;
Use or printers, copiers/scanners;
Access to advertised members-only programming;
Mail services, including the acceptance of mail and deliveries on behalf of your business during regular business hours; provided that ASCENDER is not liable for any mail or packages received without a signature from an authorized agent of ASCENDER.
b. The Facilities may only be used for general office purposes and all uses ancillary. While in the Facilities, the Member (and their guests) shall conduct themselves in accordance with the Community Standards and any other rules of conduct issued by ASCENDER. Member shall not perform any work or undertake any activity in the Facilities that may interfere or disturb the use or occupancy of the Facilities by ASCENDER, or any other Members of ASCENDER for their respective business purposes.
c. Members are permitted to use (i) all office equipment, IT-related equipment, and furniture, and (ii) be entitled to reasonable use of any kitchen, pantry, storage, and coffee areas within the Facilities so long as they agree and comply with the Community Standards and/or other terms and conditions of use of these Services as set by ASCENDER. Further, the parties acknowledge that individual workspaces in the Facilities, including the Office Space, shall not necessarily be separated physically and, therefore, each Member may have access to the other Members’ work area, with the sole exception of designated exclusive Office Space, and/or other areas and offices specifically designated by ASCENDER.
d. Ascender may access your Office Space, with or without notice, in connection with providing the Services, for safety or emergency purposes or any other purposes. We reserve the right to make changes to your Office Space, provided that we will not do so in a manner that substantially decreases the square footage of the Office Space. We may also modify or reduce the list of Services or furnishings provided for your Office Space at any time. The Services may be provided by us, an affiliate or a third party.
e. Only those individuals set forth on the Sales Contract, as such list may be amended, will be deemed to be “Members” and entitled to the Services. Your Members will be able to begin using, accessing, and/or receiving the Services on the later of (i) the beginning of the Term or (ii) the date we confirm the addition of such individual to the Member List. You are responsible for maintaining the accuracy of the Member List, the first version of which is attached to this Agreement. To make changes to your Member List, the Contact Member must inform ASCENDER of the additional or departing Members’ (a) name, (b) email address(es), and (c) effective start and/or termination date.
f. The Authorized Signatory has the sole authority to make changes to or terminate this Agreement and ASCENDER will be entitled to rely on communications to or from the Authorized Signatory or Contact Member unless specifically notified in writing by an executive officer of the Member.
III. MEMBERSHIP FEES; PAYMENT
a. The “Membership Fee” is an amount determined by ASCENDER, from time to time, as the price in exchange for the Membership granted to Member. ASCENDER will establish and publish specific Membership Fees for each type of Membership as defined and marketed by ASCENDER. The Membership Fee includes the cost of all utilities and other building services and amenities included with the Membership, except as provided below Member shall pay ASCENDER the Membership Fee in advance, without any setoffs or deductions whatsoever.
b. ASCENDER will charge the Member’s credit card or bank account for the total amount of the monthly Membership Fee and any fees for Additional Services (as defined below). Charges for Additional Services will be added to the Member’s payment to be paid for before the next monthly charge, without notice, for the duration of the Membership Period. A refused credit card transaction or direct bank withdrawal could result in additional fees or ASCENDER’s termination of the Agreement. Members are obligated to promptly notify ASCENDER of any changes to their credit card number, expiration, or billing address or bank account information and/or update their own personal and company payment details within their Member account. By accepting the terms of these Terms and Conditions, Member hereby authorizes ASCENDER to initiate charges to the credit card account and/or bank account on file on an ongoing monthly basis for the duration of the Term.
i. “Additional Services” includes optional services and amenities as made available from time to time at an amount determined by ASCENDER, in its sole discretion and elected to be used and paid for by the Member. Additional Services may include print and copy costs, VOIP, Ethernet or exclusive internet connections, and other products and services such as office supplies, event staff, and catering.
ii. A deposit equivalent to 1-month’s rent is required to reserve a workspace if your contract is scheduled to start more than 30 days after signing a sales agreement. This deposit will be applied toward rental fees for the first month upon commencement of the contract.
c. From time to time, Ascender businesses may take on student interns or part-time employees as a temporary part of their team. Interns/part-time employees are welcome to utilize the flex spaces for up to 15 hours per week. If an interns/part-time employee needs to access the space for more than 15 hours per week, Ascender management will consult with you regarding reduced flex membership based on time spent in the space. If your team plans to add an intern/part-time employee for any amount of time, you are required to notify Ascender management.
IV. TERM AND TERMINATION
a. Unless earlier terminated pursuant to the terms and conditions herein, your ability to access the Office Space and make use of the Services shall continue for the Term; provided that ASCENDER shall not be obligated to provide any Services or make any Office Space available until the date on which payment of an initial Membership Fee has been cleared. Notwithstanding anything contained herein to the contrary, ASCENDER does not provide refunds upon termination or cancellation of your ability to use the Services and/or access the Facility/Office Space, including individual accounts with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your ability to use the Services.
b. Upon completion of the Term, your Membership shall automatically renew on a month-to-month basis until terminated by ASCENDER or Member by providing the other party with written notice. For non-office members, we require at least thirty (30) days notice, and for office members, we require at least sixty (60) days written notice. Notice must be provided to ASCENDER in writing with a confirmed receipt by an ASCENDER team member. Written termination requests may be sent to ASCENDER at the contact information provided in the Community Standards. The contact information is also accessible by asking a member of the ASCENDER team in person.
c. Notwithstanding anything contained herein to the contrary, ASCENDER reserves the right to terminate any Membership (either individually or as an organization) immediately, or alternatively restrict or terminate access to the Facilities, upon (a) a breach of any of these Terms and Conditions, (b) a breach of Community Standards, (c) suspected criminal acts, or (d) in the event of an emergency.
d. Upon the termination of the Agreement, Member(s) shall cease all use of the Services provided by and branding associated with ASCENDER and shall have no right to any of the property and amenities provided by ASCENDER including office equipment, IT-systems and equipment, mailing address, and office furniture. Nothing hereunder contained shall be deemed to permit Member to retain occupancy of the Facilities after the termination of the Membership.
V. ACCESS TO FACILITIES
a. The Services and password-protected portions of the Site are available only to those Members who have agreed to these Terms and Conditions or otherwise authorized by the ASCENDER, and the employees and authorized users of such licensees as provided in the respective Membership Agreement and identified on the Member List.
b. Certain memberships provide for storage and/or identifiable and dedicated office space. To the extent that your membership does not provide for storage and/or identifiable and dedicated office space, or unless otherwise expressly provided for in writing, on or before the end of each business day that Member makes use of the Facilities, Member shall quit the Facilities and surrender the same to ASCENDER in the same condition existing at the beginning of said use (subject to reasonable wear and tear), and Member shall remove all of Member Property located in the Facilities.
c. Member represents that it has made a thorough inspection of the Facilities and Office Space and agrees to take the same in its condition “as is” as of the date hereof and ASCENDER shall have no obligation to alter, improve or decorate the Facilities or Office Space for Member’s use and occupancy. Member shall not make or cause to be made any alterations, installations, improvements, additions or physical changes in or about the Facilities or Office Space without ASCENDER’s prior written consent – and in accordance with the Facility’s Shoppe Rules – which consent may be withheld in ASCENDER’s sole discretion.
d. ASCENDER and ASCENDER’S agents shall have the right, throughout the Membership Period, to enter any portion of the Facilities to examine the same, and to make such repairs, alterations, improvements or additions as ASCENDER may deem reasonably necessary, in its sole discretion, provided, that ASCENDER shall use commercially reasonable efforts to minimize any interference with Member’s use of the Facilities
VI. INTERNET ACCESS
a. As part of the Membership Fee, Member will be provided a wireless signal within the Facilities. Member is prohibited from using a mail server, hosting internal websites, dispatching broad-based emails (spamming), utilizing internal FTP services, Wi-Fi wireless internet hubs, voice over IP equipment, applications, or practices that ASCENDER deems to utilize excessive bandwidth, without ASCENDER’s prior written approval.
b. ASCENDER will take commercially reasonable steps to maintain the continuity of and protect the wireless internet from unauthorized use. ASCENDER accepts no liability for any breach, suspension, interruption, temporary unavailability, loss of data or faulty occurring in internet service or any consequence thereof, including loss of business or profits, whether arising as a result of our allocation of access rights or otherwise.
c. To protect Member’s computer(s) from unwanted hackers and viruses, and to prevent the inconveniencing or slowing down of other internet users at the Facilities, it is Member’s sole responsibility to provide its own firewall and anti-virus protection on its computer(s). In the event that Member’s computer(s) becomes infected or hacked, regardless of whether it has installed firewall or anti-virus protection, ASCENDER shall not be responsible for any damage suffered to the Member’s computer(s). If ASCENDER notices or suspects that the Member’s computer(s) may be infected or hacked, or if ASCENDER determines that the Member’s computer(s) is infected or has been hacked and is causing a disruption or slow down to the shared public network, ASCENDER reserves the right to immediately disconnect the subject computer(s) from internet access at the Facilities. Also, due to numerous incoming spam issues clogging up many email systems, ASCENDER highly recommends that the Member install spam-filtering software to help eliminate congestion and the slowing down of the network at the Facilities. ASCENDER shall not be liable for any and all damages, including that which may result from ASCENDER’s actions in connection with the foregoing.
Member acknowledges and agrees that due to the open and shared nature of the Facilities, Members and their guests may have access to confidential Information of ASCENDER or other Members at the Facilities. “Confidential Information” shall mean any and all information, in whole or in part, that is either intentionally, or unintentionally disclosed by either ASCENDER, its owners, officers, employees, members, or agents, or any other Member, which information is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, known- how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the Facilities, computer systems, and/or books and records of ASCENDER or other Members, any analysis, compilations, studies or other documents prepared by ASCENDER, or other Members, or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.
VIII. PHOTO RELEASE
Members hereby consent and agree that ASCENDER has full unrestricted publishing and use rights for any photographs (digital or print) taken at the Facilities, including, but not limited to photographs of Members and their work and workspace. Member hereby releases, discharges, and agrees to hold harmless ASCENDER from any liability by virtue of blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced thereof, as well as any publication thereof, including without limitation any claims of libel or invasion of privacy.
IX. SITE CONTENTS
a. The Site and Services contain valuable intellectual property of ASCENDER, including patent rights, copyrights, trademarks, service marks, trade dress, and trade secrets. All rights not expressly granted in these Terms and Conditions are exclusively reserved to ASCENDER.
b. Each party acknowledges and agrees that due to the open and shared nature of the Facilities, ASCENDER, Members and their guests may, in the course of using the Site or the Services, be exposed to information of a confidential or proprietary nature belonging to ASCENDER, including but not limited to information regarding the Services and related technology, or information regarding ASCENDER’s business, financial, or marketing activities. You agree that you will not disclose any such information to any third party without ASCENDER’s express consent and that you will not use such information except as expressly authorized by ASCENDER.
X. PROHIBITED CONDUCT
a. You may not, without the express written permission of ASCENDER:
i. assign, lease, sublease, or otherwise grant access to the Facilities or its amenities and shared service, or to the Site;
ii. display or use ASCENDER trade name, trademarks, service marks, logos, domain names, and other distractive brand features of ASCENDER without written consent from ASCENDER;
iii. modify, alter, reverse engineer, or create derivative works of the Site or its contents;
iv. distribute to third parties or publicly display the Site contents or use any portion thereof for commercial purposes;
v. scrape, copy, download, use, or distribute (whether or not for commercial purposes) any other member’s personal information or any list or directory of members, except as expressly authorized; vi. send other users of the Site spam, surveys, contests, chain letters, pyramid schemes, or other unsolicited bulk or junk messages;
vii. remove, modify, or obscure any copyright, trademark, or other proprietary notice;
viii. attempt to (i) gain access to any portion of this Site or any portion of the Facilities for which you do not have authorized access, (ii) interfere with or interrupt the operation of this Site (including without limitation through denial of service attacks), or (iii) harm ASCENDER or any user of this Site, through hacking, data mining, the use of viruses or other malware, or any other means; or
ix. otherwise use or access this Site, its contents, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.
XI. THIS IS NOT A LEASE
This Agreement does not and shall not be deemed to constitute a lease or conveyance of the Facilities by ASCENDER to any Member, or to confer upon any Member any right, title, estate or interest in the Facilities, except for such rights granted to the Member pursuant to this Agreement. Notwithstanding the fact that this Agreement is a non- exclusive, conditional license and not a lease and, therefore, the Landlord-Tenant laws do not govern this Agreement, nor can the Member invoke tenant rights or privileges, Member hereby specifically waives any and all rights that t may have under any Landlord-Tenant laws
a. You agree that you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless ASCENDER and its affiliates, and their employees, contractors, directors, managers, officers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from, or in connection with any claim, suit, or action relating to: (i) your content; (ii) your use of the Site, Services or Facilities in violation of these Terms and Conditions or the Community Standards; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site or Services; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms and Conditions.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, ASCENDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER ASCENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ASCENDER’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS AND THE PROVISION OF SERVICES TO MEMBER EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
For the duration of the Term, and for at least 1 year thereafter, You are responsible for maintaining, at your own expense, personal property insurance and commercial general liability insurance covering You and your Members for property loss and damage, injury to your Members and your Members’ guests. Such insurance shall be in an amount appropriate for your business and shall list ASCENDER as an additional insured on all such insurance policies. You agree to waive any rights of subrogation you may have against ASCENDER and shall provide proof of insurance upon request by ASCENDER.
XIV. PROPERTY MATTERS
a. Ascender provides the Services and the Office Space on an “as is” basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law.
b. These Terms and Conditions do not and shall not be deemed to constitute a lease or conveyance of the Facilities or Office Space by ASCENDER to You or any Member, or to confer upon any person any right, title, estate or interest in the Facilities or Office Space, except for such rights granted to You pursuant to these Terms and Conditions. These Terms and Conditions pertain to a non-exclusive, conditional license and not a lease and, therefore, the Landlord-Tenant laws do not govern these Terms and Conditions, nor can the Member invoke tenant rights or privileges. Member hereby specifically waives any and all rights that it may have under any Landlord-Tenant laws.
c. You hereby understand, agree and warrant that you are not a tenant and the ASCENDER is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by the city in which the Facility is located or otherwise.
d. The Facility and Office Space are collectively a commercial facility. Using the Office Space or your membership to establish a personal residence is not permitted. You hereby understand, agree and warrant that you are not a residential tenant at the Facility or Office Space.
e. The Agreement is subject and subordinate to ASCENDER’s lease or other agreement with the owner of the Facility and to any supplemental documentation and to any other agreements to which our agreement with the owner of the Facility is subject or subordinate.
f. In the event that the Agreement or these Terms and Conditions are construed by a court of law within the Commonwealth of Pennsylvania to grant to Member a lease in any portion of the Facilities, including the Office Space, ASCENDER shall have all rights and remedies available at law in the event of a breach of the Agreement, including the following remedies:
i. ASCENDER may, at its option, may serve notice upon You that this Agreement and the then unexpired Term hereof shall cease and expire and become absolutely void on the date specified in such notice, to be not less than thirty (30) days after the date of such notice without any right on the part of You to save the forfeiture by payment of any sum due or by the performance of any term, provision, covenant, agreement or condition broken; and thereupon and at the expiration of the time limit in such notice, this Agreement and the Term hereof granted, as well as the right, title and interest of You hereunder, shall wholly cease and expire and become void in the same manner and with the same force and effect (except as to Your liability) as if the date fixed in such notice were the date herein granted for expiration of the Term of this Agreement. Thereupon, You shall immediately quit and surrender to ASCENDER the Office Space, and ASCENDER may enter into and repossess the Office Space and remove all occupants and, Your Property without being liable to indictment, prosecution, or damages, therefore. No such expiration or termination of this Agreement shall relieve You of your liability and obligations under this Agreement, whether or not the Office Space shall be re-occupied;
ii. ASCENDER may charge to Your account, as additional Membership Fees any expenditures made and the amount of any obligations incurred in connection therewith, plus fifteen (15%) percent per annum interest thereon from the date of any such expenditures.
iii. ASCENDER shall have the right of injunction, in the event of a breach or threatened breach by You of any of the agreements, conditions, covenants or terms hereof, to restrain the same and the right to invoke any remedy allowed by law or in equity, whether or not other remedies, indemnity or reimbursements are herein provided.
g. MEMBER EXPRESSLY WAIVES TO ASCENDER THE BENEFIT TO MEMBER, IF ANY, OF ANY STATE OR LOCAL LAW OR STATUTE (INCLUDING, FOR PENNSYLVANIA MEMBERS 68 PA. C.S.A. §250.501, APPROVED APRIL 6, 1951, ENTITLED “LANDLORD AND TENANT ACT OF 1951”, AS MAY BE AMENDED FROM TIME TO TIME), REQUIRING NOTICE TO QUIT UPON THE EXPIRATION OF THE TERM OF THIS AGREEMENT OR AT THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF, OR UPON ANY EARLIER TERMINATION OF THIS AGREEMENT, AS HEREIN PROVIDED. MEMBER COVENANTS AND AGREES TO VACATE, REMOVE FROM AND DELIVER UP AND SURRENDER THE POSSESSION OF THE OFFICE SPACE TO ASCENDER UPON THE EXPIRATION OF THE TERM OR UPON THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF, OR UPON ANY EARLIER TERMINATION OF THIS AGREEMENT, AS HEREIN PROVIDED, WITHOUT SUCH NOTICE, IN THE CONDITION AS REQUIRED BY THIS AGREEMENT.
XV. ADDITIONAL PROVISIONS
i. Ascender maintains a member directory to enable members in shared office space to get to know each other. If you wish to completely remove your listing from the member directory (either on an individual basis or company-wide), please notify a member of the ASCENDER team.
XVI. GOVERNING LAW
The Site originates from the Commonwealth of Pennsylvania, USA. Ascender makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site and Facilities. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought exclusively in the state or federal courts located in Pittsburgh, Pennsylvania. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.
XVII. CONFESSION OF JUDGMENT
FOR VALUE RECEIVED AND UPON THE OCCURRENCE OF AN EVENT OF DEFAULT HEREUNDER, OR UPON TERMINATION OF THE TERM OF THIS AGREEMENT AND THE FAILURE OF MEMBER TO DELIVER POSSESSION TO ASCENDER, MEMBER FURTHER, AT THE OPTION OF ASCENDER, FOLLOWING AN ADDITIONAL THIRTY (30) DAYS’ WRITTEN NOTICE TO MEMBER AND OPPORTUNITY TO CURE, AUTHORIZES AND EMPOWERS ANY SUCH ATTORNEY, EITHER IN ADDITION TO OR WITHOUT SUCH JUDGMENT FOR THE AMOUNT DUE ACCORDING TO THE TERMS OF THIS AGREEMENT, TO APPEAR FOR MEMBER ANY OTHER PERSON CLAIMING UNDER, BY OR THROUGH MEMBER, AND CONFESS JUDGMENT FORTHWITH AGAINST MEMBER AND SUCH OTHER PERSONS AND IN FAVOR OF ASCENDER IN AN AMICABLE ACTION OF EJECTMENT FOR THE OFFICE SPACE AND/OR FACILITY, WITH RELEASE OF ALL ERRORS. ASCENDER MAY FORTHWITH ISSUE A WRIT OR WRITS OF EXECUTION FOR THE AMOUNT OF ANY JUDGMENT AND COSTS, WITHOUT LEAVE OF COURT, AND ASCENDER MAY, BY LEGAL PROCESS, WITHOUT NOTICE RE-ENTER AND EXPEL MEMBER FROM THE OFFICE SPACE AND/OR FACILITY, AND ALSO ANY PERSON HOLDING UNDER MEMBER.