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condemnation or other authority or threat thereof such that NWS is unable to <br /> operate its business, then (1) if the taking or acquisition is permanent, then <br /> this Agreement shall terminate on the date of such taking or acquisition or (2) <br /> if the taking or acquisition is temporary, then NWS may elect to either <br /> terminate this Agreement or continue this Agreement, in which no monthly <br /> fees or utility payments will be due or payable until NWS is able to reasonably <br /> operate its business on the Ballfield Property. In any termination under (1) or <br /> (2) of the preceding sentence, NWS shall have no claim or interest in or to any <br /> payment or award of damages for such taking or acquisition, except that the <br /> City will, upon receipt of such payment or award, pay NWS an amount from <br /> such payment or award as follows: <br /> i. If the taking or acquisition occurs during the initial Term, the City will pay <br /> the amount of such payment or award of damages that is reasonably <br /> attributable as of the date of the taking or acquisition to the value of the <br /> NWS Initial Project (and the value of additional approved projects during <br /> the initial Term under Section F of Exhibit C, if any); or <br /> ii. If the taking or acquisition occurs during the Extension Term, the amount <br /> of such payment or award of damages that is reasonably attributable as of <br /> the date of the taking or acquisition to the value of the NWS Extension <br /> Term Turf Project (and the value of additional approved projects during <br /> the Extension Term under Section F of Exhibit C, if any). <br /> Subject to the payment to NWS as described in this subsection (b), the City <br /> reserves all rights to payments or damages for any public or quasi-public <br /> agency taking or acquisition relating to the Ballfield Property or to Kasch Park; <br /> NWS assigns to the City any right NWS may have to such payments or <br /> damages; and NWS shall make no claim against the City for damages for <br /> termination of this Agreement or interference with NWS' business. NWS shall <br /> have the right, however, to claim and recover from the taking or acquiring <br /> agency compensation for any loss to which NWS may be entitled for NWS' <br /> moving expenses or other relocation costs if they are awarded separately to <br /> NWS in the taking or acquisition. <br /> 21. MISCELLANEOUS. <br /> (a) Notices. All notices to be given by the Parties shall be in writing and may either <br /> be served personally, delivered by overnight courier (such as UPS or Fed Ex) or <br /> deposited in the United States mail, postage prepaid, by either registered or <br /> certified mail to the notice addresses provided in the Basic Provisions of this <br /> Agreement. A Party may change its notice address (or email address) effective on <br /> written notice to the other party. All such notices shall be deemed delivered and <br /> effective on the earlier of (i) the date received or refused for delivery, or (ii) five <br /> (5) calendar days after having been deposited in the United States Postal Service, <br /> postage prepaid. In lieu of the foregoing, either Party may deliver any notice <br /> (except notices for Event(s)of Default or notices of Agreement termination or final <br /> 16 <br />