AG 2008 05 19 - Laserfiche WebLink

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13. Miscellaneous. 13.1 Use of Facility at Direction of County. (a) At the direction of the Contract Administrator, upon reasonable advance notice and subject to any preexisting commitments, SMG shall provide use of the Facility or any part thereof to civic and nonprofit organizations located in the locale of the Facility at reduced rates. All event-related expenses, including but not limited to ushers, ticket-takers, security and other expenses incurred in connection with the use of the Facility by such organizations, if not reimbursed to the Facility operating account by the organization using the Facility, shall be re- imbursed by the County to the operating accounts specified in Section 5.6. Within thirty (30) days of the execution of this Agreement, and thereafter yearly as part of the annual plan to be provided pursuant to Section 62 hereof, SMG shall supply to the County a schedule listing SMG's standard charges for all regular eves-related expenses, and such charges shall be the agreed charges, to the extent applicable, for use of the Facility in the circumstances described in this Section. (b) The County shall have the right to use the Facility or any part thereof, upon reasonable advance notice and subject to any preexisting wmmitments, for such purposes as meetings, seminars, training classes or other uses without the payment of any rental or use fee, except that direct out-of-pocket expenses incurred in connection with such uses shall be paid by the County. (c) Except for the Fair, the County shall not schedule use of the Facility pur- suant to subparagraphs (a) and (b) above if such use will conflict with paying events booked by SMG and shall in all instances be subordinate thereto in temrs of priority ofuse of the Facility. Except for the Fair, in all instances when the Facility, or part thereof, is to be used at the County's request or by the County pursuant to subparagraph (a) or (b) above, a rent or use fee which otherwise would be chargeable for such evem shall be deemed to have been paid and such deemed payment shall constitute Operating Revenues for the purpose of calculating SMG's in- centive fee pursuant to Section 4.3 above. (d) T7re parties acknowledge that certain of the real property owned by the County on or adjacent to the Facility is planned for constmction of a temporary jail for use by the County and that the construction, use and existence of such jail shall not constitute a breach here- under by the County nor shall SMG have any responsibility whatsoever for arch jail. Such tem- poraryjail is expressly excluded from this Agreement and shall not be included in the tem- "Fa- cility" as used herein. 13.2 Coo~eration/Mediation. (a) The parties desire to cooperate with each other in the management and op- eration of the Facility pursuant to the terms hereof. In keeping with this cooperative spirit and intent, any dispute arising hereunder will first be referred in writing to the parties' respective agents or representatives prior to either party initiating a legal suit, who will endeavor in good faith to resolve any such disputes within the limits of their authority and within forty-five (45) days after the commencement of such discussions. If and only if any dispute remains unresolved revised cab~ue a®ermmtvfmnl red.docmvixd cebrtnu egteementvfioalreddac - ®r9vszoc 28 3