Agenda - 10-25-2012 - 2 - Laserfiche WebLink

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12 As noted in Section Two, the County will operate or cause to be operated concessions at the Cedar Grove Park ball fieldsfor HYAA activities, at its discretion, to offset costs of field maintenance, increased materials, increased equipment use, breakage, and other costs that the County will incur as part of this Agreement. HYAA shall not issue sublicenses for the use of the Cedar Grove or Fairview Park ball fields described herein. Any sublicense shall be void and any attempt to issue a sublicense shall constitute breach of this License Agreement. An HYAA representative shall meet annually with the County Manager or County Manager’s designee to review this License Agreement, discuss the Parties’ compliance therewith, review proposed special HYAA events as described in Section One (C), and discuss suggested modifications thereto. Any cases of sustained field damage from possible overuse will also be evaluated at this meeting. The failure of the County to require compliance by the HYAA with any provisions of this License Agreement or the waiver by the County of any breach of this agreement shall not constitute a waiver of any claim for damages by the County for any breach of this License Agreement or a waiver of any other required compliance with the terms of this License Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. By signing below, the representative of HYAA warrants that he/she is authorized to execute this Agreement on behalf of HYAA, and that he/she has obtained all authorizations, approvals, and resolutions from HYAA that are necessary in order to duly bind HYAA to this Agreement. SIGNATURE PAGE TO FOLLOW