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be no later than the date that the YMCA Pool is first made available to YMCA members <br /> or other pool users. For the purposes of this Agreement, an"Everett Resident User"is a <br /> person(1)who resides in the City of Everett or resides in Zip Codes 98201,98203,98204, <br /> 98205, or 98208 (or portions of such Zip Codes that the City Parks Director may <br /> determine) and (2) is either not a member of the YMCA or a person whose membership <br /> to the YMCA does not include YMCA Pool use. For the purposes of this Agreement a <br /> "member" of the YMCA is any person with an individual, family or corporate YMCA <br /> membership or day pass or the successors to such membership or day pass programs. All <br /> memberships or day passes sold or otherwise given by the YMCA that grant use of the <br /> YMCA Pool must also grant use of the rest of the YMCA Facility(that is,no"pool-only" <br /> YMCA memberships or passes). <br /> A. Equal Access Requirement. Except as provided in Section 2.A(1) <br /> below regarding YMCA Programming and except as provided in Section 2.A(2) below <br /> regarding maximum occupancy, the YMCA at all times during the Access Term will <br /> provide Equal Access to the YMCA Pool to Everett Resident Users at no charge to Everett <br /> Resident Users. For the purposes of this Agreement, "Equal Access" means that, <br /> whenever the YMCA Pool or portion of the YMCA Pool is open for use by YMCA <br /> members,the YMCA Pool or that portion must also be open for the same use by Everett <br /> Resident Users. For the purposes of clarity, the following are some examples of Equal <br /> Access: <br /> • The entire YMCA Pool is open for use by Everett Resident <br /> Users and YMCA members. <br /> • The entire YMCA Pool is closed for use by Everett <br /> Resident Users and YMCA members. Examples of this are holiday and maintenance <br /> closures. <br /> • Half of the YMCA Pool is open for use by Everett Resident <br /> Users and YMCA members, but the other half is closed, so that neither Everett Resident <br /> Users nor YMCA members may use the closed half Examples of such a half-closure <br /> could be maintenance or the closed half reserved for use by a high school swim team. <br /> For purposes of the foregoing, but subject to Sections 2.A(1) and (2) below, no <br /> distinctions or discrimination may be made between YMCA members and Everett <br /> Resident Users; if the YMCA Pool or portions thereof are open or closed to one such <br /> group,they must be open or closed, as applicable, to the other. <br /> 3 <br />