2001 S Co Attorney - Development and Joint Use Smith Middle School Ground Lease Agreement with UNC

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cost, expense, liability, action or judgment, including attorney's fees, arising 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. 11. Use by Other Parties: It is understood and agreed hereto that the parties shall endeavor to make the Fields available on a reasonable and non - exclusive basis to other interested groups and public bodies when not in conflict with the program of the parties hereto, upon such terms and conditions as the parties entitled to use of the Fields pursuant to this Agreement may, in their discretion, establish. The Town and County may make Field 3b available to, and co- sponsor events and programs with, other interested parties during times reserved for use by the Town and County. 12. Amendments: This Agreement may be amended by mutual written agreement if the Board of Education, the County and the Town. 13. Term: This agreement shall exist and continue for a period of thirty (30) years beginning September 1, 2001 and ending August 31, 2031. Provided, however, that the parties will review this Agreement on or about September 1, 2001, and every five (5) years thereafter, to determine whether the Agreement is operating in a manner that is satisfactory to the parties. If 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 Agreement. In the event of such an in -depth review, the parties will in good faith re- negotiate the terms and conditions of this Agreement to accommodate the changes in the circumstances of the parties and to maximize joint use of the facilities. A change in the terms of this Agreement based upon such re- negotiation shall not constitute a breach of this Agreement. 9