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6A (2)
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03-27-12 Packet
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6A (2)
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11/1/2012 10:43:51 AM
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3.2 If any of the Parking Lots is damaged to an extent the City has determined in its <br />reasonable discretion can not be repaired within Thirty (30) days after the date of the cause, then <br />(1) the City may cancel this Agreement, as it relates to the damaged lot, as of the date of the <br />cause of the damage by providing written notice to the Silver Hawks or (2) the Silver Hawks <br />may cancel this Agreement, as it relates to the damaged lot, as of the date of the cause of the <br />damage by giving written notice to the'City within Ten (10) days after the City's delivery of a <br />written notice that the repairs cannot be made within Thirty (30) days. If neither the City nor the <br />Silver Hawks so elects to cancel this Agreement, the City will diligently proceed to repair the <br />damaged lot. <br />If the City elects to cancel this Agreement, as provided in this Section 3.2, then the City, <br />with direction from the City's agencies, boards and commissions shall identify alternate parking <br />for the Silver Hawks' use throughout the remainder of the Easement Term or for the Extended <br />Easement Term, as defined in Section I.I. The alternate parking shall be conveniently located <br />within the proximity of the Stadium. The Silver Hawks shall pay no additional consideration for <br />the alternate parking that is provided by the City. <br />3.3 If any of the Parking Lots is damaged by uninsured causes, or if the proceeds of <br />insurance are insufficient to pay for the repair of any damage to any of the Parking Lots, the City <br />will have the option either to elect to repair the damage or to cancel this Agreement, as it relates <br />to the damaged lot, as of the date of the cause by written notice to the Silver Hawks not less than <br />Ten (10) days after the date of the cause. If the City elects to cancel this Agreement, as provided <br />in this Section 3.3, then the City, with direction from the City's agencies, boards and <br />commissions shall identify alternate parking for the Silver Hawks' use throughout the remainder <br />of the Easement Term or for the Extended Easement Term, as defined in Section 1.1. The <br />alternate parking shall be conveniently located within the proximity of the Stadium. The Silver <br />Hawks shall pay no additional consideration for the alternate parking that is provided by the <br />City. <br />3.4 If any damage to any of the Parking Lots is the result of the willful conduct, <br />misconduct, negligence or failure to act on the part of the Silver Hawks, its agents, contractors, <br />employees, or the willful conduct of the Silver Hawks' invitees, the Silver Hawks will have no <br />right to terminate this Agreement on account of any damage to any of the Parking Lots, except as <br />set forth in this Agreement, and the City reserves the right to cancel this Agreement in its <br />entirety. <br />3.5 For purposes of computing any period of a number of days hereunder for notices <br />or performance (but not for accrual of interest), Saturdays, Sundays and holidays shall be <br />excluded. <br />3.6 Should the Silver Hawks relocate its home field from the Stadium, then the City <br />shall be relieved of its obligation to provide parking to the Silver Hawks and this Agreement <br />shall terminate. <br />52 <br />
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