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of written notice to NWS, with NWS paying any outstanding monthly fees accruing up to the <br /> Agreement termination date. <br /> 2. Project Commencement Deadline. NWS must commence installation of the <br /> synthetic turf to the infield areas of Kasch Park ballfields 1-4 no later than 12 months after NWS <br /> has received all necessary permits and approvals for the NWS Initial Project, unless the Parks & <br /> Facilities Director or designee provides a later deadline in writing. A failure to so commence <br /> installation is an NWS Event of Default, and, if NWS does not cure such failure within thirty (30) <br /> days after written notice thereof from the City, then the City may terminate this Agreement <br /> effective upon delivery of written notice to NWS,with NWS paying any outstanding monthly fees <br /> accruing up to the Agreement termination date. <br /> 3. Project Completion Deadline. NWS must achieve completion of the entire NWS <br /> Initial Project no later than 12 months after NWS commences installation of the synthetic turf to <br /> the infield areas of Kasch Park ballfields 1-4, unless the Parks & Facilities Director or designee <br /> provides a later deadline in writing. Failure to so complete is an NWS Event of Default under the <br /> Agreement and, if NWS does not cure such failure within ninety (90) days after written notice <br /> thereof from the City, then the City may terminate this Agreement effective upon delivery of <br /> written notice to NWS, with NWS paying any outstanding monthly fees accruing up to the <br /> Agreement termination date. "Completion" means that (i)the entire NWS Initial Project is ready <br /> for use and is constructed in accordance with the Director-Approved Plans and applicable <br /> permits, (ii) all laborers, materialmen and subcontractors have been paid in full together with all <br /> taxes paid (and the Affidavit(s) of Wages Paid have been filed with the Department of Labor and <br /> Industries) and (iii) NWS has submitted the NWS Initial Project Total Cost as set forth in <br /> subsection (4) below. <br /> 4. NWS Initial Project Total Cost. As one requirement of achieving completion, NWS <br /> must submit to the City the total cost paid by NWS for the NWS Initial Project, including costs of <br /> construction, labor, material, design, and permits (the "NWS Initial Project Total Cost"). NWS <br /> must submit all reasonably requested breakdowns and back-up information for the NWS Initial <br /> Project Total Cost. <br /> 5. Ownership of Project. The NWS Initial Project is property of the City upon <br /> completion. The fact that the NWS Initial Project becomes City Property does not affect <br /> obligations the City may have to make a Convenience Termination Payment. <br /> 6. Force Majeure. For the avoidance of doubt, the parties confirm that Agreement <br /> Section 14 (Force Majeure) applies to this Exhibit C. However, Force Majeure extensions of the <br /> deadlines in D.1, D.2, or D.3 above will not exceed a cumulative total of 6 months. <br /> E. Convenience Termination Payment <br /> In the event that the City terminates this Agreement for convenience, the City must pay <br /> to NWS the Convenience Termination Payment no later than the Agreement termination date. <br /> The "Convenience Termination Payment" will be calculated as follows: <br /> Exhibit C-3 <br />