City Events. CITY will have use of the Zoo without charge for up to three (3) City Events per year. CITY shall coordinate and negotiate with LCZ for use of the Zoo for additional City Events each year as necessary. For purposes of this section, the term “City Events” shall be limited to those meetings or gatherings conducted by CITY and limited to private events, not open to the general public, for which CITY requests usage of the meeting spaces and the Premises. City Events shall further exclude fundraising events for third party entities or any political functions. The scheduling of City Events shall be scheduled upon mutual cooperation and agreement by the parties, with the understanding that LCZ intends to eventually operate on a year-round basis with regularly scheduled daily hours of operation.
City Events. Notwithstanding the foregoing, the Operator agrees that the City shall have the right to use the DPAC for up to ten (10) Events per Fiscal Year. The City will have the right to designate one or more non-profit or for-profit Person(s) who may use as many of the ten (10) dates as the City specifies. Any such Person(s) using one or more of the City's ten
City Events. Subject to the mutual agreement of the parties as to scheduling only, Landlord has the right to use the Premises or any portion thereof for City of Lake Wales events without charge to Landlord (“City Event”). If approved by Tenant, some or all of the days allocated to City Events may require that no activities may be carried on at the Premises other than the scheduled City Event. If Landlord desires to use the Premises for City Events as set forth herein, Landlord shall provide Tenant with notice thereof specifying the nature of the City Event and the requested date(s) thereof; provided, however, Tenant's approval or disapproval of Landlord's request shall be based solely upon whether requested date(s) for a City Event conflict with Tenant's scheduled events, programs or services. If Tenant properly disapproves Landlord's request in accordance with this Use of Premises by Landlord Section (b), Tenant shall provide Landlord with notice to that effect and said notice shall also specify alternative date(s) acceptable to Tenant for the requested City Event. Once Tenant provides its approval for a City Event, such approval shall be deemed final and conclusive. Said approval cannot be withdrawn or revoked by Tenant except upon the express written consent of Landlord in each instance which consent may be withheld by Landlord in its sole and absolute discretion or conditioned upon terms acceptable to Landlord. Landlord shall be responsible to repair any damage to the Premises occurring during a City Event caused by the City, its officials, employees, independent contractors, agents, guests and invitees. City shall name Tenant as an additional insured on insurance policies which shall be obtained by Landlord for City Events provided at the Premises in an amount not less than $1,000,000.00. Further, subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, Landlord holds harmless and agrees to defend Tenant from and against any and all manner of loss, cost, damage, claim and demand for personal injury and property damage resulting from a City Event. Notwithstanding any contrary provision herein, the parties hereby acknowledge and agree that Tenant’s preschool and child care program and designated portion of the Premises dedicated to such programing shall not be subject to use for any City Event in light of State of Florida licensing requirements.
City Events. The City may use the Stadium Complex (or portion thereof) for City Events at no base rental fee to the City.
City Events. Subject to the terms and conditions of this Agreement, and except as specifically noted, the City shall collect, receive and retain all income and revenues of whatever kind or nature realized by, from or in connection with all City Events at the Stadium Complex, including, without limitation, all revenues, royalties, license fees, concession fees and income and receipts arising from:
(i) The sale or distribution of general admission tickets and tickets to the Skyboxes and the Club Deck in accordance with Article 11;
(ii) The sale, lease or license of City Advertising;
(iii) The sale, lease or license of the broadcast rights;
(iv) The sale of food and beverages at the Stadium Complex in accordance with Article 8; and
(v) The sale of merchandise, programs and other goods and wares of any nature whatsoever.
City Events. (i) breach of any provision of this Agreement by the City (including any delay by the City in acquiring the required Real Property Interests in the City Lands described in Schedule 14 [City Lands], including in the Future Acquired Lands, by such date as is specified in the Schedule);
(ii) a stop work order is issued without proper cause by the City as contemplated by and pursuant to Section 5.5 [Stop Work Order];
(iii) any Remedial Action taken by the City in the circumstances specified in Section 14.7(c)(iii);
(iv) where the City directs Project Co to proceed with a matter in Dispute under Section 7.3.6(c) of Schedule 4 [Design and Construction Protocols] and the Dispute is determined in favour of Project Co;
(v) where the City exercises its rights under Section 7.3.6 [Inspection] of Schedule 4 [Design and Construction Protocols] and upon inspection it is determined there are no Deficiencies or other Nonconformities in the relevant part of the Infrastructure;
(vi) in the circumstances provided for in Section 5.3 of Schedule 20 [Dispute Resolution] where the City directs Project Co to carry out additional work and the related Dispute is decided in Project Co's favour;
(vii) in the circumstances provided for in Section 2.8.6 of Schedule 28 [Project Approvals and Utility Matters] Part 2 [Utility Matters];
City Events. (i) breach of any provision of this Agreement by the City or any other Legal Fault of the City or City Person (including any delay by the City in acquiring the required Real Property Interests in the City Lands described in Schedule 14 [City Lands], by such date as is specified in the Schedule);
(ii) a stop work order is issued without proper cause by the City as contemplated by and pursuant to Section 4.5 [Stop Work Order];
(iii) any Remedial Action taken by the City in the circumstances specified in Section 13.7(c)(iii);
(iv) where the City directs Design-Builder to proceed with a matter in Dispute under Section 7.3.6(c) of Schedule 4 [Design and Construction Protocols] and the Dispute is determined in favour of Design-Builder;
(v) where the City exercises its rights under Section 7.3.6 [Inspection] of Schedule 4 [Design and Construction Protocols] and upon inspection it is determined there are no Deficiencies or other Nonconformities in the relevant part of the Infrastructure;
(vi) in the circumstances provided for in Section 6.3 [The City’s Directive] of Schedule 20 [Dispute Resolution] where the City directs Design-Builder to carry out additional work and the related Dispute is decided in Design-Builder's favour;
(vii) in the circumstances provided for in Section 2.8.6 [Design-Builder Constraints] of Schedule 28 [Project Approvals and Utility Matters] Part 2 [Utility Matters];
(viii) the existence of any material defect or deficiency in City Works;
(ix) failure to complete City Works within the “City Works Period” noted in Table 1-
1.3.1 [City Works] of Schedule 5 [D&C Performance Requirements];
City Events. 1) The City may use the Premises for no charge for such things as voting location or emergency services related to a natural disaster, fire or flood.
2) The City may also use the Premises for no charge for such events as approved by the City Council, if scheduled at least sixty (60) days in advance provided that the City use does not conflict with the use/event scheduled by MHEP prior to receipt of the City’s notice. City agrees to pay for any labor and/or utility charges incurred by MHEP after normal operating hours.
City Events. City shall have the ability to schedule five annual City Events at no cost if the Complex is available. Operator and City representative shall meet to discuss opportunities.
City Events. City shall have the ability to schedule seven (7) City activities at no cost to the City. City and Operator shall coordinate schedules, as appropriate. On the occasion that the City uses the Facility for special events, City shall be responsible for performing the housekeeping of the area in a timely manner.
