NWS HOLDINGS LLC 12/30/2024 - Laserfiche WebLink

11. SUBLETTING AND ASSIGNMENT. This Agreement and the license hereunder are personal to NWS and may not be transferred, assigned, subleted, conveyed, pledged, inherited, encumbered, or hypothecated. Except as may be specifically allowed under Exhibit B, NWS shall not sublet the whole or any part of the Ballfield Property, nor assign this Agreement, or any part thereof, without the prior written consent of the City, which consent may be withheld at the City's sole discretion. This Agreement is not assignable by operation of law. 12. CITY-PROVIDED SERVICES, UTILITIES AND OTHER CHARGES. (a) City-Provided Services. The City shall provide the Ballfield Property with services, if any, as described in the Basic Provisions of this Agreement. NWS shall pay the City for utility services as set forth in the Basic Provisions. With respect to a City failure to provide water, sewer, electricity and/or gas service as required under this Agreement to the Ballfield Property, if such failure continues for a period of more than seven days after NWS has delivered to the City written notice thereof, then NWS is not obligated to pay utility payments until the failure is cured, with monthly fees and utility payments for portions of a month prorated daily. (b) Utilities and Other Charges. With respect to services other than those described as City-provided in the Basic Provisions of this Agreement, NWS shall be responsible for, and pay prior to delinquency, all charges for utilities or services used or consumed on or supplied to the Ballfield Property. NWS shall pay when due all license fees, excise taxes, business and occupation taxes and any other fees and taxes pertaining to the business conducted on the Ballfield Property and all personal property taxes levied with respect to all NWS's personal property located at the Ballfield Property. 13. SURRENDER OF BALLFIELD PROPERTY/REMOVAL OF PERSONAL PROPERTY. NWS shall, at the expiration or earlier termination of this Agreement, surrender and deliver the Ballfield Property to the City (i) in as good or better condition as when received by NWS from the City or as later improved, reasonable use and wear excepted, and (ii) free from any occupancy by any person. Upon the expiration or earlier termination of this Agreement, NWS may remove its personal property and equipment if (i) such items are readily moveable and are not attached to the Ballfield Property; (ii) such removal is completed prior to the expiration or earlier termination of this Agreement; and (iii) NWS immediately repairs all damage caused by or resulting from such removal. The NWS project(s) (as described in Exhibit C or Exhibit D, as applicable) shall become the property of the City and shall remain upon and be surrendered with the Ballfield Property, in good condition, reasonable use and wear excepted. Alterations other than such NWS projects shall become the property of the City and shall remain upon and be surrendered with the Ballfield Property unless the City requires their removal. If removal is required, NWS shall, at its sole cost and expense, remove all (or such portion as the City shall designate) of alterations of the Ballfield Property by NWS, repair any damages resulting from such removal and return the Ballfield Property to the same condition as existed prior to such alterations of the Ballfield Property by NWS.