Event Shed Ballot

EVENT SHED BALLOT

Purpose and Parties

Client Name:

Organization / Proponent:

Ballot Reference Number:

WHEREAS

WHEREAS, the Organization proposes construction, placement, and operation of an event shed for community and commercial events located at ; and

WHEREAS, approval by eligible voters or authorized representatives is required to authorize the Organization to enter into binding agreements for construction, payment, and operation of the event shed; and

WHEREAS, this Ballot constitutes both a voting instrument and a conditional agreement by the undersigned voter to the terms set forth in this document if the specified resolutions are approved.

Ballot Instructions and Eligibility

Eligible Voter Name:

Membership / Unit ID:

Date of Vote:

By marking the selections below, the undersigned certifies that they are an eligible voter and that the selection represents their binding vote. Proxy or absentee voting rules, if any, must be satisfied separately by the voter before this ballot will be counted.

Resolutions

Resolution 1 — Approve construction, installation and commissioning of the event shed in substantial conformity with the plans presented to voters:

Select: Yes No

Resolution 2 — Authorize the Organization to enter into contracts and pay up to the approved budget amount for the event shed project:

Select: Yes No

Resolution 3 — Approve ongoing operations and maintenance arrangement described in the Scope of Work and Payment Terms herein:

Select: Yes No

Scope of Work

Payment Terms

Term and Termination

Commencement Date:     Expiration Date:

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for the Notice Period specified above. Termination shall not relieve the terminating party of obligations accrued prior to the effective date of termination, including payment for work performed in accordance with the Scope of Work.

Confidentiality

Each party shall maintain in confidence all non-public information marked or reasonably understood to be confidential ("Confidential Information") disclosed by the other party in connection with the event shed project. Confidential Information shall not include information that is lawfully known to the receiving party prior to disclosure, becomes publicly available without breach, or is rightfully received from a third party without restriction. Receiving parties shall use Confidential Information solely to perform obligations under this Ballot and resulting agreements and shall take commercially reasonable measures to protect it from unauthorized disclosure.

Governing Law

This Ballot and any agreement executed pursuant to an approved resolution shall be governed by and construed in accordance with the laws of the state indicated by the Organization at the time of execution. The parties agree that any dispute arising under or relating to this Ballot shall be resolved in the courts located within that state unless the parties agree in writing to alternative dispute resolution.

Entire Agreement

This Ballot, together with any documents expressly incorporated by reference herein, constitutes the entire understanding between the parties with respect to the subject matter and supersedes all prior negotiations, representations, warranties, promises and agreements, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Ballot Comments

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