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MANAGEMENT AGREEMENT <br />THIS MANAGEMENT AGREEMENT (this "Agreement ") dated as of the <br />day of , 2015 by and between Cabarrus County, North Carolina, a politi- <br />cal subdivision of the State of North Carolina (the "County "), and SMG, a Pennsylvania general <br />partnership, whose current address is 300 Conshohocken State Road, Suite 770, West Consho- <br />hocken, PA 19428 ( "SMG"). <br />BACKGROUND <br />The County is the owner and current operator and manager of the Cabarrus Arena <br />and Events Center located in the County of Cabarrus, North Carolina ( "Facility "). <br />SMG is engaged, among other things, in the business of providing management <br />services, including operations and marketing services for public assembly facilities. <br />The County desires to engage SMG, and SMG desires to accept such engagement, <br />to provide management services for the Facility on the terms and conditions set forth herein. <br />The County intends to work in mutual accord with SMG in order to ensure provi- <br />sion of high quality management services, thereby enhancing the use and enjoyment of the Facil- <br />ity. <br />NOW, THEREFORE, in consideration of the mutual premises, covenants and <br />agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as <br />follows: <br />1. Definitions <br />For purposes of this Agreement, the following terms have the meanings referred <br />to in this Section 1: <br />"ADA" — the Americans with Disabilities Act, 42 U. S.C. Sections 12101 -12213 <br />as amended by the Civil Rights Act of 1991 (42 U.S.C. Section 1981(a)), as it now exists and as <br />it may be amended in the future by statute or judicial interpretation. <br />"Affiliate" — a Person that directly or indirectly, through one or more intermedia- <br />ries, controls or is controlled by, or is under common control with, a specified Person. For pur- <br />poses of this definition, "control" means ownership of equity securities or other ownership inter- <br />ests that represent more than 40% of the voting power in the controlled Person. <br />"Approved Budget" — any budget submitted by SMG and approved by the County <br />pursuant to Section 5 hereof. <br />"CERCLA" — the Comprehensive Environmental Response, Compensation and <br />Liability Act, as amended by the Superfund Amendments and Reauthorization Act. <br />pdfconvert. 9450 .1.cabarrus_agreement_2015.doc <br />Attachment number 1 <br />F -1 Page 81 <br />