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01/23/97 17:37 FAX 7855699 NSC 01011/013 ' <br /> provision for at least 400 temporary seats which are available for use at any one of the rinks. In <br /> addition, the design will provide adequately for equipment, locker rooms, concessions and toilet411 <br /> areas and all other space and equipment reasonably necessary for the operation of the facility. <br /> Each parry shall have at least 30 days to review the proposed design. After this 30 day review <br /> period, MASC may demand payment of the first part of the DOWN PAYMENT, portion of the <br /> financing. Payment of the first part of the DOWN PAYMENT means chat the proposed design is <br /> accepted by that party. Failure to pay within 30 days after the demand means that the party failing <br /> to pay has withdrawn from this agreement and this agreement shall be void as to all parties. <br /> If the required DOWN PAYMENTS are made,MASC will cause the facility to be <br /> constructed substantially in accordance with the proposed design. <br /> After design approval, any substantial modifications not increasing the overall cost of the <br /> facility by more than $50,000 may be made by a majority vote of the Joint Board. <br /> After design approval any substantial modifications to the design which increases the overall <br /> cost of the facility by more than $50,000 may be made only after a unanimous vote of the Joint <br /> Board. <br /> V. EXPANSION <br /> MASC shall have the right to expand the number of ice sheets on its property beyond four <br /> provided that: <br /> If such expansion is physically connected to this facility all parties shall have pro rata right of <br /> first refusal to purchase additional scheduling and programming rights on such terms and conditions <br /> as are offered by MASC. <br /> Exception: It is contemplated that MASC in connection with financing the construction of <br /> this facility, may make certain covenants to Anoka County in connection with the operation of <br /> Columbia Ice Arena. In such case, MASC shall be permitted to fulfill its covenants as a priority over <br /> rights granted by this paragraph. <br /> VI. DEFAULTS AND FAILURES TO PERFORM <br /> If any party defaults on any of its obligations under this agreement and such default <br /> continues for a period in excess of 30 days after written notice is mailed to such parry, the ocher <br /> parries shall have right of first refusal on all of the defaulting party's assets, liabilities, rights and <br /> obligations in connection with the facility and this agreement, under such terms conditions and <br /> procedure as are determined by the agreement, under such terms conditions and procedures as are <br /> determined by the Joint Board. If no other party assumes the assets,liabilities, rights and obligations <br /> of the defaulting parry, MASC may dispose of them ins such manner as it sees fit. <br /> If any party except the MASC fails to perform an obligation required under this agreement, <br /> all parties agree chat MASC may pursue any appropriate remedies on behalf of all parries including <br /> litigation in a court of competent jurisdiction. If MASC fails to perform any obligation, the board, <br /> by majority affirmative vote may pursue appropriate remedies on behalf of all parties. <br /> VII. ADDITIONAL AGREEMENTS <br /> The MANS Subdivisions may enter into agreements among one another nor inconsistent <br /> with this agreement. <br /> 11 <br />