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Easement Term in the event that the Parking Lot Easements are no longer an appropriate use, in the City's sole determination. The intent of the granting of the Extended Easement Term is to ensure that the Silver Hawks has parking available for its use commensurate with its investment in the community and its commitment to remain within the central business district of the City of South Bend. However, nothing in this Parking Easement Agreement or any other agreements between the Parties shall be interpreted as to require the City to rebuild or rehabilitate the Parking Lots during or after the original Easement Term other than as specifically provided herein. The City will clean and remove debris from the Parking Lots and will re- stripe the hard surface lots. 1.2 The consideration for the City's grant of the Parking Lot Easements for the Easement Term, and for any Extended Easement Term thereafter, shall be One and 00 /100 Dollar ($1.00) per year per each letter identified lot. 1.3 The Silver Hawks, in its sole discretion, shall provide and install all necessary signage indicating the availability and cost of the Parking Lots. 1.4 The Parking Lot Easements are granted to the Silver Hawks, as is, with no representations on the part of the City, or any of its agencies, boards or commissions, as to the suitability of use of the Parking Lots. The City shall not in any way be liable or responsible to the Silver Hawks for any loss, damage or expense which the Silver Hawks may sustain or incur as a result of the use of the Parking Lots during the term of this Agreement or any extension hereof. 1.5 The Silver Hawks shall use the Parking Lots for parking, as provide for herein, and may charge for such parking at the option of the Silver Hawks. All parking fees charged shall remain the property of the Silver Hawks. ARTICLE II Additional Uses The City and the Silver Hawks acknowledge and agree that they will each cooperate in connection with proposed special uses of the Parking Lots, including specifically, fireworks display clear areas. The City shall provide written notice to the Silver Hawks at least ten (10) days in advance of any proposed special use and the Silver Hawks shall use reasonable, good faith efforts in accommodating such proposals for special use. ARTICLE III Damage or Destruction, Termination 3.1 In the event of damage to, or destruction of, any of the Parking Lots, by any insured cause to an extent City has determined in its reasonable discretion can be repaired within thirty (30) days after the date of the cause of said damage, City will promptly cause the damage to be repaired and will diligently pursue the completion of such repair. In such event, this Agreement will continue in full force and effect. -2-