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of all funds received through donations, contributions, fund raising, <br />grant funding and other sources that are collected for the develop- <br />ment of the handicap facility in the Park. All such funds shall be <br />expended exclusively on the handicap facility at Thornton Park until <br />exhausted unless CITY determines to abandon the project because of <br />insufficient funding. In the event KIWANIS abandons or terminates <br />project, all funds collected shall be turned over to CITY for handi- <br />cap equipment and/or construction in Thornton Park. <br />KIWANIS shall provide to the CITY an accounting for all <br />donations, contributions, fund raising, grant funding and other fund- <br />ing sources that are collected for the development of the handicap <br />facility so as to .identify potential construction phases and funding <br />balances. <br />IV. RESERVATION <br />CITY reserves the right to refuse or place conditions on <br />accepting any donation of labor or materials to the project. Such <br />conditions may include, but are not limited to, a requirement that <br />a policy or policies of liability insurance, satisfactory to the <br />City Attorney of CITY, be provided in connection with such donation. <br />V. TERMINATION AND AMENDMENTS <br />This Agreement may be terminated by either party upon sixty <br />(60) days written notice to the other party; provided, however, that <br />the provisions of Section III of this Agreement shall remain in full <br />force and effect. <br />Any amendments to this Agreement shall be in writing and <br />signed by CITY and KIWANIS. <br />VI. ASSIGNABILITY AND ENTIRE AGREEMENT <br />KIWANIS shall not assign or transfer any interest in this <br />-3- <br />