CCP 01-27-1997 - Laserfiche WebLink

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-----:-~J. ~ J,....;,;;;,u .(.1.... j 0;),)0:;:1::1 .\;;:)\." Ii0 UUO / U..l.... I - - ~J the Annual Budget shall establish rental charges for its time above and I. beyond the 10,400 Guaranteed Rental Hours (the "Off Peak Rental Rates") which shall be sufficient to produce income from such off peok rental usage at least eq ual ro the additional operating expenses, if any, amibmable ro such off peak usage. For purposes of rhis Master Agreement, "Operaring I Expenses" shall be defined as all com of operating and maintaining rhe Facility, including the fixtures and equipment required therefore, and all deposits required to operating roserves, bm shall not include rhe COstS of promotion and coordination of special events in rhe Facility sponsored or I organized by Ot on bchalf ofMASC. If the Joint Bo~rd determines rhat the Operaring Expenses are not reasonably necessary ro opetate rhe facility as intended, rhe Joint Board may object ro rhe proposed budger J( leasr 60 days I prior to rhe beginning of a new Fiscal Year. If the Joint Board does nOt take acrion to object ro the proposed Operating Expenses within 60 days prior ro the new Fiscal Year, rhe Operating Expenses and the Annual Budgct shall be deemed to approved by the Joint Board, and rhe Guaranteed Hourly Rate for I the Fiscol Year shall be deemed to be approved. In the event that MASC and ,he Board arc unable to agree after all parties have made their best efforts, the question of reasonableness of the budget ,hall be submitted to binding I arbirration with the Office of Alternative Dispute Resolution in the State Bureau of Mediation Services. The proposed Annual Budget, and the Guaranteed Hourly Rate included therein, shall be in effecr as the firsr day of I the fiscal Year in the event that any arbitrarion hereunder is nor completed as ofrhe beginning of ,he Fi,ea! Year. MASC members on rheJoint Board shall be permitted ro vote on the Annual Budget as board members. I. d. Enforcement of Obligations MASC i, hereby delegared as the sole party to rhis agreement charged with me duty of enforcing the rental and Guaranteed Hours obligotions of I rhe other four parries. In its discharge of this duty, MASC in its discretion may employ any dispute resolution, mechanisms :l.lld techniques including negoriations, I mediacion, arbirradon and litigarion. 2. Procedure I Each ye:u, prior [0 each renral season (a' defined by lhe Joint Board) each party shall notify MASC on such terms and conditions as are deemed appropriate by me Joint Board of the number of hours of the parry's Guaranteed Hours for which I the party has obtained eirher a commirmenr from a rhird parry to renl me applicable ice shee< or fm which the parry has determined to use the applicable ice sheer for its own use (herein referred to as "Secured Rental Income) ir has obtained for mar season. I MASC will rhen credit such hours as a preJiminary reservation rowards the party's obligotion under III.E.(I) above. At rhe same rime, each such party may I release in writing Guaranteed Hou,', for markering by MASC. In such =>c, preliminary credit towards rhe obligarion under III.E.(l) above will be provided in the same proportion as the hours relcastd by thar party bears to rhe [Oral hour, I released by all partie., Credil against Guaranteed Hours shall accrue only when released hours are actually rented and me applicable renral income is received by MASC. In addition, all hours ..cured by MASC above its MASC Sheer Hours and ~ 7 I