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2 <br /> <br />I. EFFECTIVE DATE <br /> <br /> This Agreement shall be effective as of August 4, 2023. <br /> <br />II. Assignment <br /> <br />Pursuant to the terms of the American Contract and a Four Hundred Sixty Three Thousand <br />Dollars ($463,000) deposit (“Deposit”) made payable by the SBYH for the benefit of American <br />Arena, SBYH agreed to purchase the following equipment and related services: <br /> <br />1. Chiller in building with single pump as described in more detail in the Sourcewell <br />Contract as Exhibit A, Option A, including Exhibits A1, A2, and A6. <br />2. Rink Floor Specifications. <br />3. Dasher Specifications. <br />4. An allowance for heat to the newly constructed rink resurfacer room. <br />5. A credit for existing EVAPCO brand condenser and stand. <br /> <br />SBYH agrees to assign to the City the limited contractual obligation related to the <br />purchase of the chiller and related accessories and expenses as described in more detail in the <br />Sourcewell Contract as Exhibit A, Option A, including Exhibits A1, A2, and A6, and American <br />Arena agrees to the assignment. In exchange for this assignment, the City agrees to pay American <br />Arena One Million Five Hundred Thirty Nine Thousand Two Hundred Ninety Two Dollars and <br />Twenty Six Cents ($1,539,292.26). See Exhibit 1 attached and incorporated herein for a list of all <br />equipment and related accessories assigned to the City under this Agreement. Upon receipt of <br />such payment from the City, American Arena agrees the American Contract will be reduced in an <br />equal amount and SBYH shall be responsible for all other fees and representations associated with <br />the American Contract. Upon payment to American Arena, the City shall be the outright owner of <br />the equipment described in Exhibit 1, free and clear or any liens or other security interests, until <br />SBYH fulfills its duties towards the City as described in the Development Agreement at which <br />time, ownership shall be transferred to SBYH. <br /> <br />American Arena further represents that all equipment, accessories and related services for <br />which SBYH is assigning its contractual rights to the City pursuant to this Agreement have been <br />previously publicly let and such equipment, accessories and related services being purchased by <br />the City are subject to terms and conditions of that certain Sourcewell Contract. <br /> <br />SBYH and American Arena further agree and acknowledge that all other commitments <br />and responsibilities set forth in the American Contract, which were otherwise not assigned to the <br />City, remain enforceable and intact. American Arena acknowledges receipt of the Deposit from