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ARTICLE FIFTEEN
<br /> UTILITIES, SERVICES, REPAIRS, MAINTENANCE,
<br /> CAPITAL IMPROVEMENTS, AND RENOVATIONS
<br /> SECTION 15.1 — UTILITIES AND SERVICES: Owner shall be solely responsible for
<br /> providing the Facility with electricity, gas, water, telephone, sewage, cleaning (including window
<br /> cleaning), pest control, waste removal, elevator and boiler maintenance, air conditioning, and
<br /> associated grounds maintenance, cable television service, high speed internet access, and any
<br /> other services as are customarily provided in the operation of a comparable first-class facility.
<br /> Owner shall upgrade and provide any additional services deemed reasonably necessary by
<br /> Manager to ensure the Facility provides all the necessary utilities and services required for
<br /> operation of a first-class facility.
<br /> SECTION 15.2- REPAIRS, MAINTENANCE, AND CAPITAL IMPROVEMENTS: Manager
<br /> is authorized, from time to time during any Fiscal Year, to reasonably expend funds from the
<br /> Agency Account, which in Manager's opinion are necessary, desirable, and appropriate for
<br /> regular and emergency repairs and maintenance. Manager may make Capital Expenditures from
<br /> the Agency Account not in excess of Ten Thousand Dollars ($10,000.00) per Fiscal Year. Capital
<br /> Expenditures in excess of Ten Thousand Dollars ($10,000.00), as recommended by Manager,
<br /> shall be subject to the approval of Owner. If approved, such Capital Expenditures may be made
<br /> from the Agency Account, and if sufficient funds are not available, Owner shall advance funds for
<br /> such purposes.
<br /> SECTION 15.3- RENOVATIONS: If, at any time during the term of this Agreement, Owner
<br /> elects to renovate, rehabilitate, expand, or otherwise alter or modify the Facility, Owner shall give
<br /> Manager and its Affiliates an opportunity to bid upon the contract for such work and any
<br /> construction management services to be performed in connection therewith.
<br /> ARTICLE SIXTEEN
<br /> NOTICES
<br /> Any notice, statement, or demand required or permitted to be given under this Agreement
<br /> shall be in writing, hand delivered to the President of Manager or Owner, as the case may be, or
<br /> sent by certified mail, return receipt requested, addressed, as the case may be, to Manager or
<br /> Owner at their respective addresses set forth above, or to such other address as Manager or
<br /> Owner shall designate in the same manner as herein provided. Unless earlier received through
<br /> hand delivery, notice shall be deemed to have been received on the date five (5)days after it shall
<br /> have been mailed, as aforesaid, in any post office or branch post office regularly maintained by
<br /> the United States Government.
<br /> ARTICLE SEVENTEEN
<br /> ASSIGNMENT BY MANAGER
<br /> Manager shall not assign any or all of its right, title, and interest under this Agreement
<br /> without prior consent of Owner, except as follows:
<br /> A. Manager shall have the right to assign this Agreement to an Affiliate, provided that
<br /> such Affiliate shall assume in writing all of Manager's obligations hereunder, and
<br /> that such assignment and assumption shall not relieve Manager of any such
<br /> obligations; and
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