Reduction in Scope Fee Modifications Clause Samples

Reduction in Scope Fee Modifications. In the event the Sports Park is constructed with (a) fewer than six baseball/softball Diamonds, (b) fewer than three Stadium Design Fields, (c) fewer than one Fieldhouse, (d) fewer than two F&B Facilities or (e) fewer than eight batting cage stations, or in the event the permitted operations of BLD Clay County set forth in this MOA, including without limitation Sections 5.4 or 5.8, are restricted for any reason other than Force Majeure or actions within the control of BLD Clay County, the parties shall in good faith negotiate reductions in the Fees to be paid to the County and to the CCDA commensurate with the decrease in revenue opportunities such reductions in the scope of the Sports Park or such restrictions on permitted operations may cause. In the event the parties are unable to agree on commensurate reductions in the Fees under such circumstances, the parties shall submit the dispute to mediation (with each party bearing one-half of the cost) and, if that is unsuccessful, to non-binding arbitration in the County of Clay under the rules of the American Arbitration Association (with each party again bearing one-half of the cost).