NWS HOLDINGS LLC 12/30/2024 - Laserfiche WebLink

agrees that (a) except as specifically provided in this Agreement, the City has made no representations or warranties to NWS with respect to the Ballfield Property, (b) any express or implied representations or warranties made by or on behalf of the City prior to the date hereof, unless expressly set forth in this Agreement, are hereby revoked and canceled and shall have no force or effect, (c) NWS is not relying on any representations or warranties by any person regarding the Ballfield Property, and (d) except as may be otherwise specifically provided in this Agreement, the City has no obligation to maintain, repair, replace or construct any improvements to the Ballfield Property. 2. USE OF BALLFIELD PROPERTY. During the Agreement Term, NWS will use the Ballfield Property in accordance with this Agreement: (a) NWS shall be the City's manager and operator of the Ballfield Property and provide the Services in accordance with the use, management and operational standards set forth in Exhibit B. The City will provide assistance and service only to the extent provided in Exhibit B and this Agreement. (b) NWS shall construct improvements on the Ballfield Property in accordance with Exhibit C. NWS shall use the Ballfield Property only for the purposes stated above and in Exhibits B and C attached hereto. NWS shall not use or permit the use of the Ballfield Property for any other purpose or use without the prior written consent of the City, which may be withheld at the City's sole discretion. NWS shall abide by the rules and regulations consistent with this Agreement governing Kasch Park that may be made by the City from time to time. NWS shall use reasonable methods to induce customers,field-users, clients and all persons invited by NWS to observe such rules and regulations. 3. MONTHLY FEE AND LEASEHOLD EXCISE TAX. (a) Monthly Fee. NWS shall pay the City the monthly fee and utility installment payments as set forth in the Basic Provisions. During the term of this Agreement, NWS shall pay the fees and payments stated in the Basic Provisions by the tenth (10th) day of each calendar month of the Term to: Treasurer City of Everett 2930 Wetmore Avenue Everett, WA 98201 Or such other place as the City may from time to time designate in writing. If any monthly fee or other amount due to the City hereunder is, at any time,ten (10) or more days past due, NWS shall pay a late charge equal to ten percent (10%) of the past due monthly fee(s). In addition, interest will accrue on the past due amount from the date due until paid in full at a per annum rate, which is the lesser of the highest interest rate permitted by applicable law or twelve percent (12%) per annum. NWS shall make all monthly fee payments without deduction or offset unless otherwise specifically allowed by this Agreement. 3