PGC Interbay LLC 8/10/2021 - Laserfiche WebLink

i. In the event that the City decides to close a golf course,the City will give Contractor written notice, and the parties will then negotiate for at least 30 days towards amendment of the Agreement to delete the to-be-closed golf course from the Agreement for the remainder of the Agreement term. If the parties cannot agree to such an amendment for any reason, Service Provider acknowledges that the City may exercise its termination right under Section 9.E. ii. Without the prior written consent of the Parks and Facilities Director,the Contractor will not enter into any contracts with third parties(such as, for example, equipment leases) relating to either golf course, except that the Contractor may enter into contracts without such consent if the contracts allow Contractor to terminate the contracts on no more than 60 days prior notice to the third party. 10. FORCE MAJEURE; FIRE AND OTHER CASUALTY: In the event that the Facility or a substantial portion thereof is rendered unusable by fire, earthquake,act of war or other extraordinary casualty destroying or damaging the Facility, notwithstanding any language herein,either party may terminate this Agreement by giving notice to the other party within thirty (30) days after such conditions are discovered. Neither party shall be required to restore or reconstruct the Facility. In the event the Facility is partially destroyed by fire or other cause and is repaired by the City within a reasonable length of time, Contractor will be excused from performance at the damaged Facility or portion thereof during the time said Facility or portion thereof is not open for business as usual, but will maintain operations at the remaining portion of the Facility and the privileges and responsibilities contained herein shall continue to the end of the Term;provided,however, during the time the Facility or portion thereof is not open for business as usual, Contractor compensation provided in the Scope of Work shall be reduced proportionately to reflect the reduction in revenue as a result of the damage. Provided the City and Contractor may agree to provide a temporary facility under such terms and conditions as the parties agree. 11. OWNERSHIP AND REMOVAL OF PROPERTY: All Facility property purchased by Contractor and not reimbursed by the City shall remain the property of Contractor, provided that it is readily separable from the Facility. All property purchased from other City funds,including funds for capital improvements,shall remain the property of the City. It is the intention of the parties that Contractor purchase and maintain throughout the term of the Agreement an amount of equipment and supplies consistent in quantity and quality as exists at the Facility at the commencement of this Agreement. Other than for replacement as provided for herein, Contractor shall not remove any City property from the Facility. In addition, Contractor may purchase property for use at the Facility with Contractor's own funds, and Contractor shall notify and provide the City with a schedule of any property purchased by Contractor from its own funds and not reimbursed by the City. Any property purchased by Contractor with its own funds and not reimbursed by the City of Everett shall remain the property of Contractor. Subject to Section 8 and Section 9, upon the expiration of the term of this Agreement, Contractor shall remove all its goods, wares, and merchandise from the Facility and any equipment placed therein by Contractor within thirty (30) days of the expiration date. In the event of termination for other cause, Contractor shall have thirty(30) days to complete removal of its property, equipment, and fixtures from the Facility. Removal of fixtures and improvements attached to the structure 9