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duty, agreement, or condition of this Agreement or to exercise any right or remedy <br /> consequent upon a breach thereof, shall constitute a waiver of any such breach of any <br /> other covenant, agreement, term, or condition, nor does it imply that such covenant, <br /> agreement, term or condition may be waived again. <br /> 9. Work Product. All records, information, materials and other work products prepared <br /> and developed in connection with the provisions of services hereunder shall become the <br /> exclusive and confidential property of the City. No such products shall be made available <br /> to any other individual or organization by The YMCA without the prior written approval <br /> of the City. <br /> ARTICLE VI: DEFINITIONS OF TERMS USED IN AGREEMENT <br /> 1. Center- The gymnasium, lounge senior center and meeting room A and B in the Mounds <br /> View Community Center. <br /> 2. City-The City of Mounds View, a municipal corporation under the laws of Minnesota. <br /> For purposes of reserving and using the Facility and paying compensation under this <br /> agreement, the term "City"shall also include any other individual or entity that the City <br /> may contract with to provide recreation programming for the City; the City will provide <br /> The YMCA with a written list of any such individual(s) or entities and authorized events <br /> prior to them being included as a City use. <br /> 3. Community Center-The entire Mounds View Community Center, including the Center <br /> and the Facility, as well as the kitchen, day care center and community education area. <br /> 4. Facility- The banquet hall portion of the Mounds View Community Center. <br /> 5. Parks -All City parks and park facilities. See Attachment XX for a detailed list of City <br /> parks. Park facilities include baseball and softball fields, soccer fields, playground and <br /> associated playground equipment. picnic shelters, and ice rinks and warming shelters. <br /> Excluded is The Bridges golf course. <br /> 6. YMCA - YMCA of Greater St. Paul. <br /> CITY OF MOUNDS VIEW <br /> By: <br /> Duane McCarty, Mayor Northwest YMCA Executive Director <br />