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090105
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090105
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6/22/2017 12:37:32 PM
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Board
Document Type
Agenda
Date
9/1/2005
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9. PERSONNEL, The DISTRICT agrees to supply Personnel needed for <br />direct leadership of its programs. All personnel will meet state and federal <br />certification standards, and follow the YMCA standards for dress code and <br />behavior. <br />10. DESTRUCTION OF PREMISES, The DISTRICT agrees to repair any damage <br />to the YMCA facility caused by DISTRICT programs or by DISTRICT participation <br />in a reasonable amount of time or as mutually agreed for each such incident. <br />11, DISTRICT EQUIPMENT. The DISTRICT may store equipment needed for <br />its programs upon agreement with the YMCA. The equipment is stored at the <br />DISTRICT's own risk. Additional terms with regard to storage may be found in <br />the Memorandum of Understanding. <br />12. DEFAULT OR BREACH. Except as otherwise provided, at any time one <br />party to this Agreement is in default or breach in the performance of any of <br />the terms and conditions of this Agreement, the other party shall give written <br />notice to remedy such default or breach. If said default or breach is <br />remedied within 30 days following such notice, then this Agreement shall <br />continue in full force and effect. If such default or breach is not remedied <br />within 30 days following such notice, the other, party may, at its option, <br />terminate this Agreement. Such termination shall not be considered a waiver <br />of damages or other remedy available to either party because of such default <br />or breach. Each term and condition of this Agreement shall be deemed to be <br />both a covenant and a condition. YMCA will pay DISTRICT's attorney and court <br />costs in the event of YMCA's breach or default of this contract, as <br />applicable. DISTRICT will pay YMCA attorney and court costs in the event of <br />DISTRICT breach or default of this contract, as applicable. <br />13. MEMORANDUM OF UNDERSTANDING. The attached Memorandum of <br />Understanding will be reviewed annually and updated as needed. Contents of <br />the Memorandum of Understanding between the DISTRICT and the YMCA will <br />include, are not limited to, the following: <br />a. Fees for use of the pools. Conditions/charges <br />for time scheduled but not used. <br />b. Scheduling, scheduling time lines" <br />C. Storage of equipment. <br />d. Personnel requirements. <br />e. Rules pertaining to use of the pool(s).. <br />f. Maintenance of the pool during DISTRICT use. <br />g. Recordkeeping of hours of DISTRICT use. <br />14. INTERPRETATION AND ENFORCEMENT: <br />a. Effect of Headings: The subject heading of the paragraphs <br />and subparagraphs of this Agreement are included for purposes of convenience <br />only, and shall not affect the construction or interpretation of any of its <br />provisions. <br />
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