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3. TO Titans and CRPD Further Agree that, during the term of the MOU: a) CRPD shall maintain the Pepper Tree Playfield in accordance with industry standard practices for turf and grounds management of public park, multi -use fields, and public use areas. TO Titans is responsible for maintaining, repairing, and replacing the synthetic cricket turf improvements. CRPD is under no obligation to maintain, repair, replace the synthetic turf cricket pitch or immediate areas adjacent to the work including but not limited to; grading, top dressing, and wear of synthetic turf due to adjacent natural turf. CRPD and TO Titans shall jointly cooperate to develop on-going maintenance standards. b) TO Titans, or its designee, at its sole expense, will obtain and maintain during the term of this Agreement, all appropriate permits and licenses, and certificates that may be required in connection with the performance of the improvements under this Agreement. c) CRPD's Parks and Planning Division will monitor the progress and execution of this Agreement. CRPD will designate a representative to provide supervision and have the overall responsibility for the progress and execution of this Agreement. d) CRPD will be solely responsible for issuing permits for the improvement along with the other facilities at the premises (No sub -leasing). The improvement shall become the property of CRPD upon completion. e) TO Titans shall be solely responsible for the ongoing maintenance, repair, operations, and eventual replacement(s) of the improvement and the associated costs and equipment to accomplish these responsibilities during the full term of this agreement. TO Titans shall provide industry standard maintenance and operations for the improvement, including, but not limited to: establishing policies regarding patron usage of the improvement; communicating with TO Titans members of such usage policies including installing on site signage; regular cleaning to remove debris; sanitation and disinfection as necessary; watering to reduce surface temperature as necessary; maintenance and testing of surface hardness as necessary; infill replacement as necessary; repairs as necessary; and replacement of the improvement as necessary. TO Titans may apply for future CRPD grants with CRPD to accomplish these responsibilities. However, CRPD makes no representations, warranties or promises that future grants will be awarded. f) TO Titans or its designee will act as an independent contractor and will have control of all work and the manner in which it is performed. Any provision in this Agreement that may appear to give CRPD the right to direct TO Titans as to the details of doing the work or to exercise a measure of control over the work means that TO Titans will follow the direction of CRPD as to end results of the work only. g) TO Titans agrees to comply with all laws, regulations, and requirements of all Municipal, State and Federal authorities now in force, or which may subsequently be in force, pertaining to this Agreement and will faithfully observe while performing this Agreement, all such laws, regulations, and requirements now in force or which may subsequently be in force. Page 3 of 5