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8. ANCILLARY USE OF FACILITIES: PROVIDER will allow USER reasonable <br />limited access to and use of the FTCenter training and meeting rooms for activities <br />ancillary to the USER’s ice hockey activities without charge. Ancillary uses are defined <br />as team meetings when a coach is present. USER and USER’s support staff shall have <br />use of appropriate space, as determined by the PROVIDER, without expense to <br />conduct additional events throughout the term of the contract focused on community <br />engagement and involvement and youth hockey activities (fundraisers, camps, etc.). <br />USER and USER’s support staff will be allowed to bring food and beverages into the <br />facility for personal consumption, in the same manner that PROVIDER’S staff are <br />permitted to do so. Regarding all other food service needs, the USER will abide by the <br />agreement with the PROVIDERS excusive food service provider, SERRANO <br />BROTHERS CATERING. All ancillary use of the facilities must be scheduled with <br />PROVIDER in advance and are subject to availability. PROVIDER has discretion to <br />assign use of rooms or to modify room assignments to accommodate other priority or <br />paid users. USER agrees to keep the facilities in a clean and orderly condition and in <br />at least as good a condition as existed prior to USER’s ancillary use. USER agrees to <br />pay for the actual costs of cleanup as determined by PROVIDER if the PROVIDER <br />determines the ancillary use required additional cleaning service. <br />9. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an <br />itemized list of hourly practice, game ice, and room usage to the USER. Upon proper <br />billing and documentation, USER will promptly pay PROVIDER any required <br />deposits and an amount equal to the number of hours of practice and game ice usage <br />at the rate agreed to. <br />10. CANCELLATIONS: PROVIDER may cancel this Agreement for any material <br />default by the USER in terms of this Agreement. PROVIDER may also reschedule <br />the dates or times of the scheduled ice usage upon five days written notice to the <br />USER. PROVIDER shall not be held responsible for the cancellation of ice time for <br />reasons beyond the reasonable control of PROVIDER, its agents, or employees, such <br />as but not limited to equipment failure, loss of power, severe weather or acts beyond <br />PROVIDER’S control. In the event of such an occurrence, PROVIDER will attempt <br />to reschedule USER’S ice times or USER may cancel and promptly receive a return of <br />any fees paid. <br />11. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall <br />promptly notify the PROVIDER in writing within 14 days and the PROVIDER will <br />attempt to reassign that time to another group. If the time cannot be assigned to <br />another group, the USER will pay the charged fees for their scheduled time. <br />12. RULES AND REGULATIONS: USER agrees to use the facilities according to the <br />Rules and Regulations of PROVIDER which will be adopted and posted from time <br />to time within the facility. <br />3 <br /> <br />