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consecutive City-designated 25-yard lap swimming lanes, for a total annual base fee of Six Thousand Dollars ($6,000) during the Term. If the User requests and receives written approval for additional lanes and/or additional hours beyond the contracted schedule,User shall pay Seventeen Dollars and Fifty-Seven Cents($17.57) per lane per hour,or such other rate as may be established by the City Council-approved Adopted Miscellaneous Fees Schedule in effect at the time of use. User shall be responsible for all costs associated with required City lifeguard personnel and any additional aquatics staffing necessary for User's activities, in accordance with the most current City Council-approved Adopted Miscellaneous Fees Schedule. In addition to lane usage and staffing fees,User shall remit to the City a fee equal to five percent (5%) of total gross monthly participant dues collected for the swim team program during any month in which either of the following conditions occurs: a. Thirty(30) or more participants are registered in the program during that month; or b. At the conclusion of the Term. User shall provide monthly enrollment verification and a.report of gross participant dues upon request by the City. The City shall issue invoices for all assessed fees on a monthly basis(or other agreed billing cycle). User shall remit payment within thirty(30) calendar days of invoice date. Late payments may be subject to penalties or interest as permitted by law. 7. NO EXCLUSIVE RIGHTS Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof The City reserves the right to schedule, operate, and permit the use of the Facilities by other individuals, organizations, or programs at any time,including during the Term of this Agreement. User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights, or expectation of renewal beyond the Term stated herein.