Service Agreement Walmart

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					Walmart 4th Wall
Landlord and Tenant Handbook

September 2009

Legal Notification/ Requirements

1. The information contained in the handbook shall be considered “Walmart Confidential
   Information” under the terms and provisions of the Lease Agreement. Walmart Confidential
   Information shall not be copied and/ or either directly or indirectly disclosed to others or used
   in any way by the Tenant, its Subleasee, its employees, or those for whom it is responsible at law,
   without the prior written permission of Walmart Stores, Inc., which may be withheld for any
   reason whatsoever.

2. Nothing in this handbook supercedes, amends, alters, or otherwise changes any of the terms
   and provisions of the Lease Agreement. In the event of a conflict between the terms and provisions
   of this handbook and the terms and provisions of the Lease Agreement, the terms and provisions
   of the Lease Agreement shall govern.

3. For the purposes of the provisions falling under this section entitled “Legal Notification/
   Requirements”, the term “Lease Agreement” shall mean the lease agreement(s) and/ or contract(s)
   and/ or License Agreement(s) in place from time to time between the applicable Tenant/ Subleasee
   and Walmart Stores, Inc. or its affiliates or subsidiaries governing the operation of the Tenant’s
   business within certain Walmart Stores, lnc.’s stores.

Tenant Handbook Table of Contents

Legal Notification/ Requirements         1         Restrictions on Tenant’s Activities             Storage
Tenant Handbook Table of Contents        2    Maintenance                                12        Grease Tanks
Welcome to Walmart                       3         Pest Control                                    Grease Interceptors
     Tenant Orientation                            Floor Care                                      Equipment Maintenance
     Communications                                General Maintenance                             Light Bulb Replacement
     Walmart Leasing Team                          Lighting                                        Pest Control
                                                   Plumbing                                        Hot Water Heater
General Guidelines                       5
                                                   Trash Disposal                                  Floor Care
     Customer Complaints
                                                   Hazardous Waste                                 Roof Leaks
     Tenant’s Hours of Operation
                                                   Utilities                                       Sales Reporting Procedures
                                                   Telephone Service                               Security
     Gift Certificates/ Cards
                                                   Heating and Air Conditioning                    Warranty Period
                                                     Temperature                                   Bulk CO2
     Compliance with Laws
                                                                                                   Fire Sprinkler System
Rules and Regulations                     7   Risk Management                            15
                                                                                                   What Products Can the Food Tenant Sell?
     Appearance/ Work Attire                       In Case of Emergency
                                                                                                   Store Fundraisers
     Alcohol Beverages/ Illegal Drugs              Customer/ Associate/ Tenant Injury
     Merchandise                              Appendix I Food Operations                 16        Recruiting
     Smoking                                  Operations                                 17        Contacts
     Profanity                                     Sampling                                        Signage
     Parking                                       Visibility                                      Important Notices
     Hiring Employees                              Customer Service                                Tenant Checklist
     Walmart Break Rooms/ Associate Lounges        Hours of Operation                         Store Level Contacts Form                25
     Gifts and Gratuities                          Holiday Hours                              Tenant Contacts Form                     26
     Signing Standards                             Customer Servie Phone Number
     Deliveries                                    Ceiling Maintenance
     Tenant’s Advertising, Promotion               Deliveries
       and Media Inquiries                         Drain Problems
Welcome to Walmart


This handbook was developed as reference    Keep the Store Manager informed of how your
material for the Tenant and Walmart Store   business is performing. Keeping the lines of
Management. We are excited to have your     communication open between yourselves and
business as part of the Walmart shopping    the store management team is fundamental to
experience.                                 building a good landlord-tenant relationship.
                                            Another important contact at store level is the
Thank you for leasing space with            member of management who acts as a liaison
Walmart Stores, Inc.                        with the store’s tenants. The liaison will be your
                                            primary contact for all issues related to your
                                            occupancy of the premises. Any issues should
                                            be resolved with the liaison. Establish regularly
                                            scheduled meetings with your Walmart liaison
Tenant Orientation                          and discuss issues that you are having and a
                                            resolution process at the time of the meeting.
                                            If the resolution is not being met within an
Tenant should familiarize itself and have   appropriate timeframe, contact the Walmart
its employees, agents, sub-lessees, and     store manager for further assistance.
representatives, familiarize themselves
with Walmart policies, this handbook and
the Tenant’s obligations under the lease.

Please refer to for In
Store Leasing contact information.

General Guidelines

Customer Complaints

Every Tenant is expected to diligently, and       close (even on the Holidays) without prior          7:00 AM the day of the Grand Opening Ceremony.
in a timely manner, address and resolve any       approval by the Walmart Leasing Department.         If a Tenant does not open on time, the Tenant
complaints it receives from a Walmart or Tenant   As a guideline, if the Walmart Store is open the    may have to pay Walmart liquidated damages
customer. A toll free phone number must be        tenant should have business hours that day.         specified in the lease. To determine if your store
posted in a prominent place within the leased                                                         will have a Grand Opening ceremony, contact the
space for any customer to call with a complaint   - Tenant must clearly post their hours of           Walmart Store Manager or your Leasing Manager.
or problem. Any complaints from a Tenant’s          operation in a prominent location, and must
customer that Walmart receives will be              be open during those times. ( See Advertising
forwarded to the tenant for resolution.             and Lease Line Guidelines). Failure to meet the
                                                    minimum required hours of operation can
                                                    result in a breach of the lease between Tenant    Storage
                                                    and Walmart.
Tenant’s Hours of Operation                       - Tenant will have access to the building during    Storage space must be within the Tenant location.
                                                    the store’s normal hours of operation.
                                                                                                      ** See Appendix I for food service**
                                                  - Please note that Walmart observes extended
Tenant’s hours of operation are specified within
                                                    store hours during the Holiday period. Tenants
the lease between Tenant and Walmart. Most
                                                    are welcome to extend their operational hours
leases require the Tenant to be open at least
                                                    during this time without first obtaining the
10 hours per day, Monday through Saturday, and
                                                    consent of Walmart’s Leasing Department.          Gift Certificates/ Cards
5 hours on Sunday. Tenants business must be
open for business no later than 10:00 AM, Monday
                                                 Walmart Stores scheduled to have a Grand
through Friday, or 1:00 PM on Sunday. Tenant
                                                 Opening/ Re-Grand Opening ceremony requires          There are no restrictions on the sale of Tenant gift
should be open 52 weeks a year and may not
                                                 the Tenant to be staffed and ready to open by        certificates or gift cards inside the tenant space.


Walmart is not required to extend any discount to
Tenant employees. The Tenant is not required to
extend a discount to Walmart associates.

Compliance with Laws

As occupants of the Walmart store property, each
of the Tenant’s employees is subject to all laws,
rules and regulations applicable generally to all
other occupants of such property, as such laws,
rules and regulations may be amended from time
to time. Walmart will report any illegal activity
witnessed or suspected by any Walmart associate
to the appropriate law enforcement authorities.

Rules and Regulations

                                                   Alcohol Beverages/ Illegal Drugs                       Merchandise

Tenant and its sublessees and the employees        Walmart has made a commitment to provide               Merchandise may not be removed from the Store
of each must observe all rules and regulations     a drug and alcohol-free workplace. The use,            or brought into the Leased Premises without first
Walmart establishes from time to time in this      possession, sale, transfer, acceptance, or purchase    being paid for. Anyone removing or involved in
Handbook. Any exceptions to these rules are        of illegal drugs at any time is strictly prohibited.   the removal of merchandise either from the Store
covered in Appendix I.                             The use, possession of open containers, personal       or into the Leased Premises without first paying
                                                   sale, transfer, or acceptance of alcohol on Walmart    for it may be trespassed from the Store or all of
                                                   property is strictly prohibited. Walmart has the       Walmart’s property, may be treated as a shoplifter,
                                                   right to remove from, or deny access to, our stores    or both. All merchandise purchased from Walmart
                                                   anyone on our property under the influence             by either Tenant or its Sublessee or any agent,
Appearance/ Work Attire                            of Alcohol, and/ or consuming Alcohol on our           employee, or representative of either Tenant or
                                                   property. Walmart may report illegal activity to       Sublessee, should be removed immediately from
                                                   the appropriate law enforcement authorities.           the Store unless the merchandise is going to be
Tenants, their sublessees, and the employees                                                              used by Tenant or its Sublessees in the operation
of each are required under the lease to conduct                                                           of its business in the Leased Premises or unless
themselves, while in the leased space, in a                                                               the merchandise will be immediately consumed
professional and courteous manner, appropriately                                                          in the Leased Premises. Regardless of its use,
attired, groomed, and consistent with Walmart’s                                                           any merchandise brought back to the Leased
first-class operations.                                                                                   Premises must always be kept with its receipt.
                                                                                                          In fact, the receipt should be retained until the
Name badges with your company logo and first                                                              purchaser has left the Store.
name of the Tenant employee are recommended
and should be worn in plain sight.                                                                        All purchases from Walmart are subject to search
                                                                                                          according to Walmart’s security procedures.

Smoking                                            Profanity                                           Walmart Break Rooms/ Associate Lounges

Tenant employees shall abide by Walmart’s          Walmart does not tolerate the use of profanity in   Tenant’s employees may not use the Walmart
smoking rules and limitations which follow and     its stores or by its tenants.                       associates’ break rooms for lunches or breaks.
which may be amended from time to time:

- Walmart is a smoke-free environment.

- Smoking and use of smokeless tobacco are         Parking                                             Gifts and Gratuities
  permitted in designated areas only.

- Smoking is prohibited within 50 feet of all
                                                   Tenant employees must abide by Walmart’s            Walmart associates may not encourage or accept
  entrances and exits and on all sidewalks in
                                                   parking rules and limitations. Please discuss       gifts or gratuities. Gifts or gratuities include:
  the immediate vicinity of the Walmart store.
                                                   parking arrangements with the Walmart               tickets to entertainment events; kickbacks in the
- Each location must comply with state and local   store manager. Parking rules will vary by           form of money or merchandise; “special” discounts
  laws/ ordinances relative to smoking.            Walmart location.                                   given to one Walmart associate; discontinued or
                                                                                                       no longer used samples; vendor paid trips; etc.
Each Tenant must review smoking restrictions
with the respective Store Manager and comply                                                           Tenant is not to offer any gifts or gratuities to
with their direction.                                                                                  any Walmart associates. This does not apply to
                                                   Hiring Employees                                    discounts offered to all Walmart associates for
                                                                                                       goods or services from a Tenant.

                                                   Tenant and Walmart are each responsible for
                                                   hiring their own associates/ employees. It is
                                                   not recommended that Walmart or the Tenant
                                                   interview or hire personnel currently employed
                                                   by the other.
Signing Standards

The only signing approved for a Tenant is the sign
above the doorway that faces the registers, also
referred to as the bulkhead. No freestanding
signs may be placed in the vestibules or aisle ways
of the Walmart store. No signing on the exterior
walls of the building or on the grounds of the
building is permitted, unless provided for in the
Lease. Walmart does not allow Tenants to use the
Walmart name or likeness in any of their signing.

(See Front End Tenant Signage Guidelines).

                                                      Typical tenant sign standards

Deliveries                                             Tenant’s Advertising, Promotion,
                                                       and Media Inquiries

If receiving deliveries at the store, the deliveries   - Tenant may use Walmart’s name only to
may be accepted only through the Walmart front           the extent Walmart’s Leasing Operations
doors and must be coordinated with the Walmart           Department approves and only as a location
store management and scheduled during normal             reference.
operating hours. At no time shall parking be
permitted on sidewalks, even in connection             - Tenant may not promote its services within the
with short-term loading or unloading of Tenant           Store using Walmart’s in-store public address
merchandise.                                             system, unless otherwise provided in the lease.

                                                       - Tenant may not post any Signs outside of the
**See Appendix I for food service**
                                                         Leased Premises, except as provided in the
                                                         Lease, nor may tenant post any hand made
                                                         signs inside or outside of the Leased Premises.

                                                       - Tenant’s promotions related to the Leased
                                                         Premises must be conducted in a professional
                                                         manner by trained individuals.

                                                       - Tenant may not release or cause to be released
                                                         any statement to the press or otherwise
                                                         containing Walmart’s name or representing
                                                         any relationship whatsoever to Walmart,
                                                         without the prior, written approval of the
                                                         Walmart Leasing Operations Department.

Restrictions on Tenant’s Activities

In addition to any easement, covenant, or restric-    - Use the plumbing facilities of the Leased            cost of or invalidate any insurance policy
tion that affects or applies to the Leased Premises     Premises or the Store for any purpose other          carried on the Leased Premises, Common
or the Common Area, Tenant, nor its Sublessees,         than that for which they were constructed.           Areas, or the Store.
may not:                                                Neither Tenant or its Sublessees, nor the invitees
                                                        of either Tenant or its Sublessees, may use the    - Unreasonably interfere with Landlord’s business
- Use the sidewalk adjacent to or any other space       plumbing facilities of the Leased Premises to        or the business of another tenant of Landlord
  outside the Leased Premises for display, sale, or     dispose of any foreign substances. The expense       or act in such a way that reasonably may be
  any other similar undertaking.                        of any breakage, stoppage, or damage resulting       expected to injure Landlord’s business
                                                        from a breach of this paragraph will be born         relationship including, but not limited to, acting
**See Appendix I for food service**
                                                        by Tenant.                                           in any way which diminishes the access to or the
                                                                                                             visibility of any portion of the Store or any other
- Tenant’s merchandise, furniture, fixtures and
                                                      - Place on any floor a load that exceeds the load      tenant’s premises or that impedes the free
  equipment must remain within the Lease
                                                        per square foot that the floor was designed to       circulation of customer traffic within the Store.
  Premises at all times.
                                                        carry. Tenant may only install, operate, and
                                                        maintain heavy equipment in the Leased             - Receive, retain, or store in the Leased Premises
- Use a loudspeaker system that may be heard
                                                        Premises if installed in such manner as to           any “Controlled Substances” except for any
  from outside the Leased Premises; place or
                                                        achieve a proper distribution of weight.             Controlled Substances included in an emergency
  permit any radio, television, loudspeaker,
                                                                                                             medical kit.
  or amplifier on the roof, inside the Leased
                                                      - Use any forklift truck, tow truck, or any other
  Premises, or anywhere that the radio, television,                                                        - Within the Leased Premises, receive, retain,
                                                        machine or equipment.
  loudspeaker, or amplifier can be seen or heard                                                             store, or use any firearm, tear gas, dye pack,
  from outside of the Leased Premises; or solicit     - Use the Leased Premises to conduct illegal           or any item similar to a firearm, tear gas, or
  or distribute any handbills or other advertising      business or for illegal purposes or for any          dye pack.
  in the parking lot, Store, or Common Areas,           purpose that may increase the premium
  unless otherwise protected by law.


Pest Control                                                                                             Lighting

It is the Tenant’s responsibility to maintain       cash or check to the Walmart accounting office       Replacement of light bulbs, fixtures or ballast
a clean, healthy environment that will not          each time this service is provided. Tenant should    is the responsibility of the Tenant. The Walmart
contribute to a pest control problem. If there      only use products commercially available in the      Store Manager can provide assistance by
is a pest control problem in the leased space,      US, appropriate for cleaning and maintaining         recommending the regular trade’s person for
you should contact Walmart store management.        the flooring of the leased premises.                 the store.
Walmart is responsible for all pest extermination
in Walmart stores.                                  **See Appendix I for food service**                  **See Appendix I for food service**

Floor Care                                          General Maintenance                                  Plumbing

Tenants are responsible for maintaining the         All interior wall repairs, painting, wallpaper and   Maintenance of the plumbing including drains
cleanliness of the floors in their Lease Premises   signing repairs are the responsibility of the        within the Lease premises is the responsibility
on a regular basis. This includes sweeping,         Tenant. All improvements and trade fixtures          of the Tenant. The Walmart Store Manager can
mopping, scrubbing, buffing and vacuuming           must be approved by Walmart and must be of           provide assistance by recommending the regular
as necessary. Tenant can discuss with store         high quality materials and workmanship.              trade’s person for the store.
management to have the store’s floor crew do
some maintenance on Tenant’s floors, but the                                                             **See Appendix I for food service**
store will need to be compensated for this
service. If the store agrees to occasional floor
maintenance, the Tenant will need to pay via

Trash Disposal                                      Hazardous Waste

If Tenant is authorized to dispose of trash under   Lease tenants have important obligations to          Lease tenants may not dispose of hazardous
the lease, disposal should be coordinated with      comply with all federal, state, and local laws,      waste in Walmart’s compactor or garbage
Walmart store management, as the compactor          orders, rules, directives and regulations in the     dumpsters. You should be aware that improper
must be locked at all times. Although Tenant        operation of the tenant’s business on their          disposal of hazardous waste may subject you to
may be permitted to dispose of trash in the         premises. Compliance with all laws includes          criminal prosecution or civil penalties. In addition,
compactor, Tenants are not allowed to operate       the proper handling of hazardous materials           if Walmart learns of violation of any laws,
the equipment. Trash should not be left             and proper management and disposal of any            including improper management or disposal of
unattended in the back of the store. Additional     hazardous waste generated by the lease tenant.       hazardous waste, it will be considered a default
containers may be required at Tenants expense.                                                           under the terms of the Master Shopping Center
                                                     Walmart is not responsible for the management       Lease Agreement and grounds for termination
                                                    or disposal of the tenant’s hazardous waste.         of the lease and may affect your future ability to
                                                    However, in order to assist our lease tenants, you   do business with Walmart.
                                                    may contact the individual store management to
                                                    obtain the information on the hazardous waste
                                                    hauler in your area that is used by Walmart to
                                                    pick-up and dispose of any hazardous waste.
                                                    If you determine that alterations to the property
                                                    are necessary for compliance, there may be
                                                    certain requirements you need to follow including
                                                    but not limited to, requirements under the lease,
                                                    and city code requirements. It is the tenant’s
                                                    responsibility to follow these requirements.

Utilities                                             Telephone Service

Unless otherwise agreed to in the Lease, Walmart      Tenant shall pay for telephone service in the              A. Tenant name and location of the space
shall pay for all public utilities furnished to       Leased Premises. The use of a cordless phone                  with the problem.
the Leased Premises and shall reasonably cool,        and other wireless devices within a Leased
heat, and light and provide water and sanitary        Premise is strictly prohibited.                            B. If no cold air or hot air is blowing from the
sewerage services to the building in which the                                                                      diffuser, tell them.
Leased Premises is located. Walmart is not liable
for any interruption whatsoever to the public                                                                    C. Provide any other details about the
utilities, the lighting, the cooling, the heating,    Heating and Air Conditioning Temperature                      situation to help determine a solution.
the water, or the sanitary sewerage services if
any of the preceding are interrupted:                                                                            D. Provide the Sensor number
                                                      As seasons change; Tenant Operators may
- Due to equipment failure, fire, accident, strike,                                                              E. Record the work order number you will be
                                                      experience unusually hot/ cold temperatures.
  acts of God, or other causes beyond the                                                                           given. This will be helpful if you need to do
                                                      The following process is designed to remedy
  reasonable control of Landlord; or                                                                                some follow-up calling on the problem.
                                                      that problem:
- In connection with Store Renovations or to                                                                Step 3
  repair the Store or the Leased Premises.            Step 1
                                                                                                            Walmart will make the adjustments if needed.
                                                      Advise the Walmart Store Manager that you are
                                                                                                            If the problem cannot be solved through
                                                      having a problem and that you will call it into the
                                                                                                            programming, a service technician will be sent
                                                      maintenance hotline. Call 1-800-932-3367 and
                                                                                                            out to solve the problem.
                                                      be prepared to give the Walmart store 4 digit
                                                      store number.
                                                                                                            Tenant is responsible for cleaning diffusers and
                                                                                                            ceiling fans in the Tenant space.
                                                      Step 2
                                                      Communicate your problem to the hotline
                                                                                                            ** See Appendix 1 for food service**
                                                      associate. Be clear and specific while providing
                                                      the following information:
Risk Management

                                                        In Case of Emergency                                 Customer/ Associate/ Tenant Injury

Walmart takes every precaution to prevent               Tenants should familiarize themselves with           Tenants are responsible for all accidents within
accidents. Tenants must also take responsibility        the store’s emergency flip charts.                   the lease space and must immediately report any
for their safety and for the safety of our customers,                                                        such accident to Walmart store management.
employees and associates. Below are some of             Tenants should meet with Walmart store               Walmart Management will respond to accidents
the guidelines Walmart uses to aid in accident          management to acquaint themselves with               that occur within the Walmart store, outside of
prevention. The key is consistent use of safe           store procedures and codes. Tenants are              the leased spaces.
work practices such as                                  responsible for ensuring their employees
                                                        understand Walmart’s emergency procedures
- Stacking merchandise in a stable manner to            and codes. The safety of customers, employees,
  avoid falling merchandise incidents.                  and associates is a priority in any emergency
                                                        situation. Fires (code red), bomb threats
- Cleaning up any spill immediately to avoid            (code blue), and shootings (code brown) may
  slip and fall incidents. Use caution cones            require evacuation of the building. Additional
  where appropriate.                                    evacuation situations may arise due to natural
- Helping prevent falls - be alert for trip hazards     or man-made disasters. All emergency
  such as paper on the floor.                           evacuations will be announced on the public
                                                        announcement (PA) system.
- Keeping aisles and exits clear of boxes,
  merchandise, shopping carts and unattended            When a facility is scheduled to close due to natu-
  ladders to minimize hazards on the sales floor        ral or man made disaster, the facility manager
  and the stock room.                                   will notify lease space managers and collect
                                                        emergency contact information.

     Appendix I
     Food Operation



The sampling of food products is permitted.
The sampling needs to take place within the
leased space or on trays at the entrances to
Walmart, and this cannot block any customer
traffic. These efforts must be coordinated
through Walmart management.


For access and visibility, Walmart merchandise
should not block the entrance, aisle ways or
visibility of the tenant space. Walmart should
have no merchandise within 10 feet of the tenant
space. This does exclude bakery racks in various
locations due to prototypical floor plans.

Customer Service                                    Holiday Hours

Walmart associates are not allowed to obtain/       The hours of operations for Holidays will be the                               Kitchen      Dining
expect free refills from the foodservice tenants    same as the posted hours of operations unless                                               Room
as this is considered a security issue and should   the Walmart store is closed for the Holiday.
                                                                                                           Clean & Replace Tiles   Tenant       Walmart
not happen. Associates should not obtain
free napkins, condiments or utensils from the
foodservice tenant unless the food is purchased                                                            Replace Light Bulbs     Walmart      Walmart
within their establishment as these items are                                                              (see detail below)
provided with deli purchases.                       Customer Service Phone Number
                                                                                                           Clean Diffusers         Tenant       Walmart

                                                    The foodservice tenant is required to post a           Ceiling Fans            Tenant       Tenant
                                                    phone number in the leased space for Customer
Hours of Operation                                  Service calls. A 1-800 number is preferred.

The hours of operation need to be posted within                                                           Deliveries
the food tenant space.
                                                    Ceiling Maintenance
(See Advertising and Lease Line Guidelines).                                                              The Food Tenant must accept deliveries through
                                                                                                          the Walmart receiving department. Walmart will
The food tenant needs to remain open the hours      The following chart indicates who is responsible      use best efforts to notify Tenant when a delivery
that are posted for the customer.                   for cleaning and maintaining specific areas of the    arrives. Delivery times must be coordinated with
                                                    ceiling. The location of the ceiling will determine   Walmart store management and be scheduled
                                                    who maintains it.                                     during normal operating hours.

Drain Problems                                      Grease Tanks

The Tenant will maintain drain lines that are       The Grease Barrel System will be phased out in
installed specifically to service Tenant space as   favor of the Grease recycling removal system.
well as perform regularly scheduled maintenance
on the lines. If issue was caused by negligence
of the tenant, the tenant will be responsible to                      Oil Storage Container, Operating Cost/          Management of          Comments
pay for the service call.                                             Grease Caddy and       M & R cost of            Discarded Oil
                                                                      Installation           Equipment                Removal*

                                                     Division         Walmart                    Walmart              Tenant monitors        Tenant coordinates
                                                     One                                                              and coordinates        with Walmart
                                                                                                                      pick-up of             representative the
                                                                                                                      discarded              pick-up schedule of
                                                                                                                      cooking oil            discarded cooking oil
                                                     Supercenter      Walmart                    Walmart              Walmart                Tenant communicates
                                                                                                                                             and monitors the
                                                                                                                                             containers storage
In Walmart Division 1 stores, the branded food
                                                                                                                                             level to Walmart
service usually can be assigned 16 linear feet of
storage in the rear of the store with appropriate
approvals through store management and your          *the party responsible for managing the removal of the discarded oil, is also responsible for cleaning up any
Walmart corporate office contact.                     spilled grease.

Grease Interceptors                                 Light Bulb Replacement

Walmart will maintain the grease interceptors,      Walmart is responsible for the 2x4 fluorescent       Walmart will do their best to not interrupt the ten-
unless otherwise provided for in the Lease.         lighting. Tenant is responsible for any specialty    ants business, however the tenant should
                                                    lighting.                                            allow the pest control to service the space
                                                                                                         as needed.

Equipment Maintenance
                                                    Pest Control
                                                                                                         Hot Water Heater
The Tenant will maintain all equipment including
regular maintenance of exhaust fans, stacks and     In addition to all regular pest control it is
duct cleaning. The Tenant may use their preferred   Walmart’s responsibility to install the fly lights   The Tenant must pay for the cost and repair of
company to perform this service. If roof vent       in all restaurants within a Walmart store. Walmart   the hot water heater if it is specific to the Tenant
maintenance is required, the Tenant will obtain     will place one or two as needed, GT-200 light        space. If the Tenant is receiving hot water that is
approval from Walmart store management and          in the work area of the restaurant and at least      shared by Walmart, Walmart must maintain the
Asset Protection Associate BEFORE going onto        3 WS-85 lights in the dining area. These lights      hot water heater and provide the Tenant with
the roof. Only Walmart approved contractors are     are ordered through the E-Fixtures system. If        water that is 140 degrees.
allowed to perform maintenance on the roof.         there are not enough electrical outlets for the
                                                    lights, Walmart will have them installed. There is
                                                    no charge to the tenant. Walmarts’ pest control
                                                    service should be servicing the foodservice
                                                    space each time that they are in the store as
                                                    well as additional service as necessary.

Floor Care                                         Roof Leaks                                          Security

The Tenant is responsible for maintaining the      The Walmart store manager should be notified        It is the tenants responsibility to provide the
cleanliness of its floor on a daily basis. This    of any roof leaks that are not equipment related.   Walmart management with a key to the security
includes sweeping and mopping as necessary.        Walmart must maintain roof maintenance in           gate for emergency purposes.
The Tenant is completely responsible for           accordance with the roof warranty. This includes
maintaining floors behind the counter and in       replacing ceiling tiles in the Tenant space that
the kitchen area. Walmart will buff/ wax the       are damaged from roof leaks.
Tenant floors along with Walmart’s regular floor
care schedule, (a minimum of once per month),                                                          Warranty Period
provided the floor is of the same type as the
Walmart floor. Walmart will not buff or wax
flooring that was installed by the tenant. Nor     Sales Reporting Procedures                            Once the restaurant has passed the contractor
is it necessary to buff colored concrete floors.                                                         warranty period (one year from the Walmart
Walmart should exercise care when buffing so                                                             possession date), it becomes the Tenant
as not to damage the wall base. The Tenant         The Food Service tenant must submit sales for the Operator’s responsibility to maintain all
should move tables and chairs in the restaurant.   previous day sales before the Walmart accounting restaurant components put in place to
The Tenant is not responsible for maintenance      office finalizes the previous day’s sales. Tenant     facilitate the operations of the restaurant.
of any of Walmart’s floors.                        should contact the Walmart Cash Office Manager Such components include wall finishes,
                                                   or Store Manager to establish the timeline for        hardware, doors, floors, plumbing, and
                                                   reporting sales. The Tenant will present a copy       electrical systems within Tenant leased space.
                                                   of the register receipt to the Walmart cash office
                                                   manager each morning or the evening prior.            If problems are encountered during the
                                                   Walmart will save daily sales reports to document contractor warranty period, call the Maintenance
                                                   sales for a period of two years. Daily sales informa- Hotline (800-932-3367) to determine the
                                                   tion consists of total net/ all net restaurant sales. appropriate action.

Bulk CO2                                                  What Products Can the Food Tenant Sell?                  Recruiting

Bulk CO2 is approved in the stores, however the           The Food Tenant cannot sell non-food products            Walmart management should not recruit any
tenant must use the approved vendor NuCO2                 unless there is mutual agreement between the             associates from the tenant spaces, and the
                                                          Tenant and Walmart Home Office.                          tenants should not recruit associates from the
                                                                                                                   Walmart staff. When possible both parties
                                                                                                                   should communicate concerning applications
                                                                                                                   received from their tenants.
Fire Sprinkler System
                                                          Store Fundraisers

Walmart is responsible for maintaining the
operation of the in-store fire sprinkler system.          The store is allowed to have in-store fundraisers        Contacts
Walmart requires all food tenant walk-in coolers/         for six (6) days total through a fiscal year. The food
freezers to have a fire sprinkler head inside the         service tenant should be notified of the fundraiser
units. It is the tenant’s responsibility to pay for the   72 hours in advance. The store should involve the        Both Walmart and Tenant should complete the
installation of these sprinkler heads in Walmart          foodservice tenant as often as possible with             “Contact Lists” on Pages 25 and 26, provide each
stores that are already open/ operating. Tenant           in-store fundraisers.                                    other a copy and Tenant should post a copy in the
MUST use the Walmart fire sprinkler contractor                                                                     Tenant Space for reference. It is strongly encour-
for the installation. Walmart will install sprinkler                                                               aged that the Walmart Store Manager
heads for the food tenant in all new Walmart                                                                       and Tenant should meet on a “regular” basis
facilities at no cost.                                    Windows                                                  (preferably monthly) to enhance their respective
                                                                                                                   businesses and relationship.

                                                          The Tenant will clean windows in restaurants with
                                                          interior or exterior glass windows. Both sides of the
                                                          glass windows should be cleaned in accordance
                                                          with standard procedures.

Tenant Signage MUST remain inside the lease
line at all times, if there is any marketing material
outside of the said lease line Walmart manage-
ment will remove with no responsibility to return
to the tenant. Walmart does not approve any
marketing within the common area of the store
or within the parking lot and this is the Walmart
store managers’ responsibility to remove any
marketing materials.

(See Advertising and Lease Line Guidelines).

                                                        Example of maketing materials outside of lease line

Important Notices

Should the tenant receive any local notices,
(i.e. Health Department, Fire Inspections, Town/
Municipal Depts) a copy should be immediately
given to the Walmart store manager.

Tenant Checklist

A Tenant Checklist is given to the Walmart store
managers to make sure each tenant space is in
compliance with Walmart standards. A member
of Walmart store management is permitted to
enter the tenant space to perform the Tenant
Checklist inspection without prior notice.

Store Level Contacts Form

Take a few minutes to record this important
information about the Walmart store location                      Store manager:
                                                                  Co-manager (s):
Walmart Store Number: #_______
(all stores are known by a 4-digit store number, very important
to pin point your location when ever you are discussing issues
with Walmart’s Home Office)
                                                                  Assistant mgrs:

Lease Tenants may wish to post this information in
a back area of their space so all their employees
can familiarize themselves with the Walmart store.

                                                                  Market manager:
                                                                  Market mgr phone:
                                                                  Store address:

                                                                  Store phone:
                                                                  Lease number
                                                                  (5 digit number found
                                                                  on lease agreement):

Tenant Contacts Form

Take a few moments to complete this form and                                        On-Site                 home
                                                  Business name:
give to store management and the Walmart                                            manager(s):             phone:
phone operator so they will know how to contact   Business phone number:
various people within your organization.          Business hours:    Mon                                    phone:
                                                                     Tues                                   home
                                                                     Wed            Assistant
                                                                     Thur           managers:

                                                                     Sun            Area
                                                                                    manager:                phone:
                                                  Tenant owner:     name:
                                                                                    Tenant’s home office
                                                            Home phone:             800 phone number:
                                                  Development agent: name:          Tenant’s 800 Customer
                                                                                    Service phone number:


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Description: Service Agreement Walmart document sample