2001 S Co Manager - Town of Carrboro - Development Joint Use Agreement for Smith Middle School Fields 02-20-2001 9b

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cost, expense, liability, action or judgn~.ent, including attorney's fees, a~rrising out of or related to any personal injury, death or property damage with respect to its use of the premises, except to the extent the same are caused by the negligence or misconduct of another party or parties, i 1, ~se_by. her Fart~es: t is understood and agreed hereto that the parties shall endeavor to rriale the Fields available on a reasonable and non-exclusive basis to other interested groups and public bodies when not in conflict with the prograrr~. of the parties hereto, upon sash terms and conditions as the parties entitled to use of the ~"ields pursuant to th%s Agreement m.ay, in their discretion,. establish, The Town and bounty may rn~e Field 3b available to, and. co-sponsor events and programs with, other interested parties during times reserved for use by the Town and bounty, l~, ~rnendrnents: 'phis Agreern:ent may be amended by mutual written agreement if the Board of Education, the bounty and the Town, l3, Te~~~ ~s agreement shall exist and continue far a period of thirty ~30-} years beginning September l:, X001 and ending August 3 ~, ~o~ l , Provided, however, that the parties will review this Agreement on or about ~epternber 1 ~ Zot~l, and every hve ~~~ years therea~er, to detern~.ine whether the Agreement is operating %n a manner that is satisfactory to the parties. ~f any party believes that changes in circumstances have substantially affected the rights and responsibilities of the parties under this Agreement, that party may initiate an in-depth review of the Agreement for the purpose of re-negotiating the terms and conditions of this A,greenaent. ~ the event of such an in-depth review, the parties mill in good faith re-negotiate the terms and. conditions of this ,agreement to accon~rnodate the changes %n the circumstances of the parties and to m.axnli~e joint use of the facilities. ,~ change in the terms of this Agreement based. upon such re-negotiation shall not constitute a breach of this Ag~een~ent.