Use by the Owner. Save as aforesaid, nothing in this Agreement shall be interpreted so as to restrict or prevent the Owner from using the Statutory Right‐of‐Way Area in any manner which does not interfere with the unobstructed access through the Statutory Right‐of‐Way by the Regional District and the public;
Use by the Owner. Subject to availability, the Owner shall have the right to use the Facility or any part thereof rent-fee for its own meetings, seminars, training classes or other non-commercial uses, provided that the Owner shall promptly reimburse Manager, for deposit into the Operating Account, for any out-of-pocket expenses incurred by Manager (such as the cost of ushers or guards, set-up and take-down personnel, security expenses and other expenses) in connection with such use, and Owner shall pay for all food and beverage provided in connection with such use. Such non-commercial use of the Facility by the Owner shall (i) not compete with or conflict with the dates previously booked by Manager for paying events, (ii) not consist of normally touring attractions (such as concerts and family shows), and (iii) be booked in advance upon reasonable notice to Manager pursuant to the Facility’s approved booking policies (which will be included in the Operations Manual). Upon request of the Owner’s Administrator, Manager shall provide to the Owner’s Administrator a list of available dates for Owner use of the Facility; provided, however, that the Manager understands and acknowledges that Owner will be allowed to use the Nueces Room for Port Commission meetings during the morning hours of the third Tuesday of every month during the Term. To the extent that Manager has an opportunity to book a revenue-producing event on a date which is otherwise reserved for use by the Owner, Manager may propose alternative dates for the Owner’s event, and the Owner shall use best efforts to reschedule its event to allow Manager to book the revenue-producing event. For purposes of calculating Manager’s Incentive Fee, Manager shall receive a “paper” credit for an amount equal to the difference between the published Facility rate and the rate (if any) charged to the Owner for such use of the Facility, if the Manager gives the Owner’s Administrator written notice of such credit within ten (10) business days after the date the credit is earned. The Owner shall have the right to use all fixtures and all equipment at the Facility, including Audio and Visual equipment, computers, tables, chairs, and other items owned by Owner, without rental charge.
Use by the Owner. Subject to availability, the Owner shall have the right to use the Facility or any part thereof rent-fee for meetings, seminars, training classes or other non-commercial uses, provided that the Owner shall promptly reimburse Manager, for deposit into the Operating Account, for any out-of-pocket expenses incurred by Manager (such as the cost of ushers, ticket-takers, set-up and take-down personnel, security expenses and other expenses) in connection with such use. Such non-commercial use of the Facility by the Owner shall (i) not compete with or conflict with the dates previously booked by Manager for paying events, (ii) not consist of normally touring attractions (such as concerts and family shows), and
