Common use of PURPOSE - COOPERATION OF PARTIES Clause in Contracts

PURPOSE - COOPERATION OF PARTIES. The City owns the Corn Palace which is a major tourist attraction for the City during the Summer Season. To enhance the tourist experience at the Corn Palace, the City desires to enter into a Service Agreement with a South Dakota non-profit entity for a term of one (1) year that will operate a gift shop-souvenir-novelty business on the main floor of the Corn Palace during the Summer Season. The non-profit entity will pay the City a set fee for the opportunity to provide said service, a share of Gross Sales made by the non-profit entity from its operations at the Premises, and would agree to use a portion of the profits earned by it from the operation of the gift shop business to promote and market the Corn Palace, provide tours and tour guides and Corn Palace greeters during the Summer Season. In addition, the non-profit entity will assist the City in the development of the Corn Palace and Corn Palace area. In addition to the above services, the non-profit entity will be required to perform other services and acts set forth within this Agreement. The City finds that in accordance with SDCL 5-18A-8 services it is seeking are of a unique nature and that the only non-profit entity in the area that is able to provide such services is the Chamber. The City further finds that said selection of the Chamber is based on the fact that the Chamber has provided these services on behalf of the City over the past many years and is the only practicable source to provide such services based on the uniqueness of the services the city is seeking. Therefore in accordance with SDCL 5-18A-8, the City has determined that this Service Agreement may be awarded to the Chamber without competition. The parties acknowledge that the implementation of this Agreement is intended to provide benefits to each party. Accordingly, each party shall in good faith seek to cooperate in all respects with the other party; in particular, each party shall be cognizant of the needs of the other party in respect to the implementation and administration of this agreement and any decisions made in respect thereto. Should any conflict or disagreement arise between the parties regarding the implementation and administration of this Agreement which is not resolved by the respective representatives of the parties, each party shall have the right and opportunity to bring the disagreement before the governing board or council of the other party; which Board or Council shall in good faith seek to resolve the disagreement or conflict in a manner which mutually recognizes the needs of each party. Each party acknowledges that an amicable and cooperative relationship between the parties in respect to the implementation and administration of the terms of this Agreement is of paramount importance to the success of the venture undertaken herein for the benefit of each of the parties.

PURPOSE - COOPERATION OF PARTIES. The City owns the Corn Palace which is a major tourist attraction for the City city during the Summer Season. To enhance the tourist experience at the Corn Palace, the City desires to enter into a Service Agreement with a South Dakota non-profit entity for a term of one four (14) year years that will would operate a gift shop-souvenir-novelty business on the main floor of the Corn Palace during the Summer Season. The non-profit entity will would pay the City a set fee for the opportunity to provide said service, a share of Gross Sales made by the non-profit entity from its operations at the Premises, service and would agree to use a portion of the profits earned by it from the operation of the gift shop business to promote and market the Corn Palace, provide tours and tour guides and Corn Palace greeters during the Summer Season. In addition, the non-profit entity will would assist the City in the development of the Corn Palace and Corn Palace area. In addition to the above services, the non-profit entity will be required to perform other services and acts set forth within this Agreement. The City finds that in accordance with SDCL 5-18A-8 services it is seeking are of a unique nature and that the only non-profit entity in the area that is able to provide such services is the Chamber. The City further finds that said selection of the Chamber is based on the fact that the Chamber has provided these services on behalf of the City over the past many years and is the only practicable source to provide such services based on the uniqueness of the services the city is seeking. Therefore in accordance with SDCL 5-18A-8, the City has determined that this Service Agreement may be awarded to the Chamber without competition. The parties acknowledge that the implementation of this Agreement is intended to provide benefits to each party. Accordingly, each party shall in good faith seek to cooperate in all respects with the other party; in particular, each party shall be cognizant of the needs of the other party in respect to the implementation and administration of this agreement and any decisions made in respect thereto. Should any conflict or disagreement arise There is an existing agreement between the parties regarding which expires on December 31, 2018. It is the implementation intent of the City and administration of Chamber that this Agreement which is not resolved by the respective representatives of the parties, each party shall have the right supersede and opportunity to bring the disagreement before the governing board or council of the other party; which Board or Council shall replace such existing agreement in good faith seek to resolve the disagreement or conflict in a manner which mutually recognizes the needs of each party. Each party acknowledges that an amicable and cooperative relationship between the parties in respect to the implementation and administration of the terms of this Agreement is of paramount importance to the success of the venture undertaken herein for the benefit of each of the partiesits entirety.