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Section 9.3, Section 9.4, or Section 9.5, shall be renewed automatically from year to year upon <br />exchange and publication ofthe mutually agreed-upon annual PROGRAM SCHEDULE and <br />MASTER MAINTENANCE SCHEDULE should both be exchanged to both parties by July I st <br />of each year. <br />9.2 It is expressly understood and agreed that either the CITY or SCHOOL. DISTRICT may <br />terminate this Agreement at any time by giving one hundred twenty (120) days advance written <br />notice to the other party either personally to the representative of that party who signed this <br />Agreement, or by registered mail, return receipt requested, addressed to the principal office of <br />that party. Upon termination, the parties shall become subject to standard rales and availability <br />for use of recreation facilities without priority. <br />9.3 In addition to Section 9.2, SCHOOL DISTRICT reserves the unilateral authority to cancel or <br />terminate the Agreement without advance notice if, in the sole and exclusive judgment of the <br />SCHOOL. DISTRICT, exigent circumstances arise (including but not limited to the failure of any <br />SCHOOL DISTRICT levy, the reduction or elimination of SCHOOL DISTRICT athletics and/or <br />extracurricular programs, the reduction or elimination of the hockey or swim teams or other <br />financial constraints that require the Board to act to reduce expenses). SCHOOL DISTRICT <br />recognizes that such unilateral cancelation without advance notice will cause financial damages <br />to the CITY, as well as interfere with resident access to shared facilities for scheduled programs; <br />thus, the SCHOOL DISTRICT will make its best efforts to provide as much notice as possible to <br />the CITY to allow the CITY to make alternative arrangements. Because unilateral termination <br />without notice is limited to exigent circumstances, compensation and damages will not typically <br />be appropriate. Nonetheless, the SCHOOL DISTRICT agrees to meet with the CITY to discuss <br />whether compensation is required in the event of unilateral termination without notice.Upon <br />termination, the SCHOOL DISTRICT shall be subject to standard rates and availability for use <br />of all CITY recreation facilities without priority. <br />10 <br />