Project Use by Avon Sample Clauses

Project Use by Avon. Upon Closing and conveyance of the Parcel to T3, the Parcel shall be burdened by the following non-transferable covenants in favor of Avon with respect to the improvements to be constructed as part of the Project, such covenants to be set forth in the Deed as follows: T3 hereby grants to Avon, the right to use the facilities to be constructed on the Parcel by T3 (the “Athletic Facilities”) for any of the purposes identified on Exhibit C, attached hereto and made a part hereof (each a “Permitted Use”), each Permitted Use to be exclusively used by Avon or such Avon municipal agencies, entities and programs for Avon residents as Avon may determine and in each case the applicable municipal agency or entity shall work with and through the Avon Parks Department (each a “Benefitted User”), but at no time for any private entity or purpose. Each such use shall be on the following terms and conditions. Each Benefitted User will be required to execute T3’s standard waiver of liability form that is signed by all users of the T3 facility. (i) Each Permitted Use shall require reservation of the Athletic Facilities by or on behalf of the Benefitted User by written notice to T3 specifying the date, time and duration of the Permitted Use, the purpose of the Permitted Use, the Benefited User, and the specific area of the Athletic Facilities to be used, such notice to be received by T3 not less than sixty (60) days prior to each intended Permitted Use, a (“Reservation”). Any conflict among multiple Benefitted Users attempting to make a reservation for use of the Athletic Facilities shall be resolved by the Avon Parks Director. (ii) Absent a timely Reservation of the Athletic Facilities, the use thereof on such day or days by all Benefitted Parties for any Permitted Use shall be deemed waived, whereupon T3 shall be entitled to use the Athletic Facilities in their entirety on such day or days for such purposes as T3 may deem appropriate. (iii) Except for Reservations of Avon Residents for services provided by T3 for which fees will be charged with a ten percent (10%) discount from the lowest advertised price, management of the Permitted Use, and Benefitted User(s), and of all Reservations for the use thereof by Benefitted Users, shall in each case be by the Avon Parks Director, who shall be solely responsible, at its sole cost and expense, for overseeing such use and coordinating all Reservations by Benefitted Users on behalf of Avon. In the event that any Permitted Use and/or...