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- . Both the SVCF and the City have an interest in bringing back the Portsmouth City Park miniature train ride experience by spring of 20 11. In furtherance of this goal, both parties agree to make every reasonable effort to fulfill the responsibilities outlined below. C. Parties' Roles and Responsibilities. 1. The SVCF shall: a. place the order for the train (as outlined above) within three business days after the signing of this Memorandum of Understanding. b. name the train Pokey Smokey II. c. monitor the order until delivery of the train and acceptance by SVCF. d. upon acceptance of the train, gift the train to the City of Portsmouth. e. plan to co-promote the new train as a gift from the SVCF to the City in cooperation with the City f. not assign rights or obligations under this Agreement to any third party without the prior written consent of the City. g. designate the SVCF Executive Director, as the point of contact for this agreement. h. provide the City with materials and installation for donor recognition plates as follows: one on locomotive, one on train station, one on each coach, one on each seat of each coach, one on wheelchair position, and a donor recognition board for train station area. L relinquish any and all ownership rights and claims to any portion of the train. j. transfer the train warranty in full to the City of Portsmouth. 2. The City shall: a. accept the gift of the train from SVCF and will take full possession and ownership upon gifting. b. be responsible for all maintenance, repairs, modifications, and additions to the train from acceptance forward (Le., additional engineer handlebars, sunshade). c. be responsible for all aspects of hiring and managing staff to operate the train at Portsmouth City Park, according to a schedule to be determined by the pty. d. co-promote the train as a gift from SVCF to the City. e. not assign rights or obligations under this Agreement to any third party without the prior written consent ofSVCF. f. designate a deputy city manager or department head as the point of contact for this agreement. g. reasonably accommodate SVCF with installation of donor recognition plates as described above or as otherwise mutually agreed upon. II. TERM AND MODIFICATIONS. This MOU shall commence upon its signing and shall be in effect until the train is purchased and gifted to the City of Portsmouth and the other obligations herein have been fulfilled. Both parties reserve the right to renegotiate the terms of the MOU upon the mutual consent of the other party. Any modifications of this MOVmust be in writing and signed by the parties. III. AVAILABILITY OF FUNDING. The parties understand and agree that they are both bound hereunder only to the extent of the funds available or which may become available for the purposes of this MOU.