Playing Smart changelabsolutions.org | kaboom.org 120 16. Restitution and Repair [Option One: Model clause requiring the User to repair damage.] The User shall be wholly responsible to repair, remediate, or fund the replacement or remediation of any and all damage or vandalism to the Owner’s Property during the User’s use of that Property. [Option Two: Model clause requiring the User to notify the Owner of damage and reimburse the costs to the Owner of repairing damage.] The User shall make restitution for the repair of damage to the Owner’s Use Areas during User’s use of Owner’s Property. A. Inspection and Notification The User shall, though its designated employee, inspect and notify the Owner, of any damage, as described above in subsection 12(c). B. Repairs Except as mutually agreed, the User shall not cause repairs to be made for any property, facility, building, or item of equipment for which the Owner is responsible. The Owner agrees to make such repairs within the estimated and/or fixed costs agreed upon. If it is mutually determined or if it is the result of problem-resolution under section 16 of this Agreement that the User is responsible for the damage, then the User agrees to reimburse the Owner at the estimated and/or fixed costs agreed upon. C. Reimbursement Procedure The Owner shall send an invoice to the User’s designated employee within ____ days of completion of repairs or replacement of damaged Property. The invoice shall itemize all work hours, equipment, and materials with cost rates as applied to the repair work. If the repair is completed by a contractor, a copy of the contractor’s itemized statement shall be attached. Actual costs shall be reimbursed if less than estimated and/or fixed costs. The User shall reimburse the Owner within ______ days from receipt of such invoice. D. Disagreements The User shall retain the right to disagree with any and all items of damage to buildings or equipment as identified by the Owner, provided this disagreement is made within ______ days after a first notification. a. The User shall notify the Owner of any disagreements in writing by letter, facsimile, or email to the District’s designated employee. The User shall clearly identify the reasons for refusing responsibility for the damages. Failure to make the disagreement within the prescribed time period shall be considered as an acceptance of responsibility by the User. Restitution and Repair: The parties will tailor this provision to best suit their needs. The Owner may want the User to make any repairs or may want to make the repairs using its own personnel or contractors and have the User reimburse the Owner for the costs. Parties should address: (1) Which party will be responsible for making the repairs; (2) The timeline for making repairs; (3) The method and timeline for making reimbursements; and (4) The method for resolving disputes over repairs/ reimbursements.
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