District Facilities. The District shall have exclusive rights to use and occupy the District Facilities. The District right of use and occupancy of the District Facilities shall be subject to all: (i) the terms of the Lease Agreement, including amendments thereto; (ii) rules, regulations, laws, ordinances, and directives now existing or thereafter promulgated by the City (“City Enactments”) or any government agency with jurisdiction over the Premises. The foregoing notwithstanding: (i) City Enactments shall not be selectively directed to the District, the District Facilities or this Agreement and (ii) City Enactments affecting the District Facilities, District use of the District Facilities or the rights/obligations under this Agreement are based on a demonstrated compelling purpose that is narrowly tailored to address the compelling purpose and which is least restrictive on District use of District Facilities. If City Enactments materially impair the District’s use of District Facilities, the District shall have the right to terminate the Ground Lease upon not less than sixty (60) days advance written notice to the City. If the District terminates the Ground Lease prior to expiration of the initial thirty (30) year Term of the Ground Lease pursuant to the foregoing, the District shall be entitled to reimbursement from the City for a portion of the District Financial Contribution based on based on the number of months after completion of Fire Station and Fire Training Center construction and the date of the District’s notice of termination, divided by three hundred sixty (360). The District shall have the right to grant the use of the District Facilities to parties other than the City provided that use of the District Facilities by others does not materially impair, disrupt, constitute waste, nuisance, unreasonable annoyance, or disturb Fire Station activities.
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Sources: Memorandum of Understanding, Memorandum of Understanding
District Facilities. The District shall have exclusive rights to use and occupy the District Facilities. The District right of use and occupancy of the District Facilities shall be subject to all: (i) the terms of the Lease this Agreement, including amendments theretohereto; (ii) rules, regulations, laws, ordinances, and directives now existing or thereafter promulgated by the City (“City Enactments”) or any government agency with jurisdiction over the Premises. The foregoing notwithstanding: (i) City Enactments shall not be selectively directed to the District, the District Facilities or this Agreement and (ii) City Enactments affecting the District Facilities, District use of the District Facilities or the rights/obligations under this Agreement are based on a demonstrated compelling purpose that is narrowly tailored to address the compelling purpose and which is least restrictive on District use of District Facilities. If City Enactments materially impair the District’s use of District Facilities, the District shall have the right to terminate the Ground Lease this Agreement upon not less than sixty (60) days advance written notice to the City. If the District terminates Agreement pursuant to the Ground Lease foregoing prior to expiration of the initial thirty (30) year Term of the Ground Lease pursuant to the foregoingInitial Term, the City shall reimburse the District shall be entitled to reimbursement from the City for a portion of the District Financial Contribution based on based on the number of months after completion of Fire Station and Fire Training Center Project construction and the date of the District’s notice of termination, divided by three hundred sixty (360). The District shall have the right to grant the use of the District Facilities to parties other than the City provided that use of the District Facilities by others does not materially impair, disrupt, constitute waste, nuisance, unreasonable annoyance, or disturb Fire Station activities.
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