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DO NOT RECORD <br />Point will be responsible for payment of other utilities not listed <br />herein, including payment of telephone and cable charges. <br />B. Landscape. City will be responsible for the landscape areas of the <br />facilities. <br />C. Parking Lot. City will be responsible for the maintenance of the <br />parking areas serving the facilities. <br />D. In the event of damage, destruction or vandalism by third parties of <br />any of the Facilities, the City will contribute to the repair and <br />restoration as provided in section 9 of this agreement. <br />7. Match Point's Equipment and Personal Property. Match Point shall <br />hold title only to Match Point's equipment or personal property placed on the Facilities <br />by Match Point. All of Match Point's equipment or personal property shall remain the <br />property of Match Point and are not fixtures. Match Point has the right to remove all of <br />Match Point's equipment or personal property at its sole cost and expense on or before <br />the expiration or termination of this Agreement; provided that such removal shall be done <br />in a professional and careful manner, without interference or damage to any other <br />equipment, structures or operations on the Facilities or the Property, including the use of <br />the Facilities or Property by City or any of City's Match Points, assignees or Match <br />Points. <br />8. Facility Alterations. Match Point agrees all changes or modifications to <br />any of the Facilities or the Property require prior written approval of the Executive <br />Director of Parks, Recreation and Community Services. All requests for such changes or <br />modifications shall be submitted by Match Point to City by utilizing its current <br />Field/Facility Modification Request process, and City reserves the right to approve or <br />deny such requests. A copy of the City's current Field/Facility Modification Request <br />process form is attached hereto as Exhibit 3. <br />9. Damage, Destruction or Vandalism of Facilities. In the event of <br />damage, destruction or vandalism by third parties of any of the Facilities, Match Point <br />shall repair or rebuild the same as soon as reasonably possible, except in any of the <br />following circumstances: (a) Match Point reasonably determines that the repair or <br />rebuilding cost exceeds the sum of the proceeds available from the applicable insurance <br />carried pursuant to this License and any related deductible amounts; (b) the damage or <br />destruction occurs within the last five (5) months of the Term. If any of the foregoing <br />circumstances exist, then the Match Point may, not later than thirty (30) days after the <br />date of said damage or destruction, notify the City of the Match Point's intent not to <br />repair or rebuild the damaged or destroyed Facility. If the Match Point so notifies the <br />City, then the License shall immediately terminate. <br />Match Point and City agree that if the cost of repair is less than $3000.00, <br />Match Point will be solely responsible for the repairs. In the event that the cost of <br />repairs is over $3000.00, the City and Match Point will share in the cost of repairs. <br />6 <br />25R-8 <br />