YMCA of Snohomish County 6/7/2018

(1) Maintenance. If the YMCA is conducting maintenance or other YMCA Pool or YMCA Facility improvements that make it impractical to achieve the Open Hours Requirement in a particular week, then such hours will be reasonably reduced as necessary for that week. This reduction will be memorialized in a Director's Letter(as defined below). In such a circumstance, the YMCA will take reasonable steps to come as close as practically possible to meeting the Open Hours Requirement. (2) Holidays. For each holiday when the YMCA Pool is closed to all users (such holidays being New Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day) the YMCA will be credited 10.5 hours against the Open Hours Requirement. (3) Maximum Occupancy. Denial of entry to Everett Resident Users under Section 2.A(1) does not preclude hours being counted against the Open Hours Requirement. That is, if hours would otherwise count against the Open Hours Requirement, but the YMCA denies entry to Everett Resident Users during those hours in accordance with Section 2.A.(1) above, such hours are still counted against the Open Hours Requirement. (4) Remedies. Any week during the Access Term in which the YMCA fails to meet the Open Hours Requirement is referred to in this Agreement as a "Non-Access Week." For each Non-Access Week, the Access Term automatically extends by a one week. If more than two consecutive or non-consecutive Non-Access Weeks occur in a single calendar year,the City may deliver written notice to the YMCA requiring cure, and, if after 15 business days after delivery of the notice any additional Non-Access Weeks occur during that calendar year, the City may proceed directly to arbitration under Section 10.D below. C. Locker Room/Parking/Rules and Regulations. Everett Resident Users will have the same use as YMCA members of the sauna, spa, showers and locker rooms of the YMCA Pool and of YMCA off-street parking. (Everett Resident Users will not have use of other facility amenities, equipment or services not related to the YMCA Pool.) Use of the YMCA Pool by Everett Resident Users will be subject to all YMCA member/participation access/use policies and applicable health and safety procedures, as appropriate (e.g., swim testing age requirements), but in no event will such polices or procedures impose more stringent requirements on Everett Resident Users than on YMCA members or other pool users, or otherwise discriminate against Everett Resident Users in any way. 5