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"Capital Equipment" — any and all furniture, fixtures, machinery or equipment, <br />either additional or replacement, having a per item original cost of $100,000.00 or more and an <br />expected useful life of more than one year. <br />"Capital Improvements" — any and all building additions, alterations, renovations, <br />repairs or improvements that have an initial dollar cost of not less than $100,000.00 per project. <br />"County" — as defined in this first paragraph of this Agreement. <br />"Contract Administrator" -- the designated administrative official of the County <br />(as of the date hereof, Mike Downs, Deputy County Manager) as from time to time appointed by <br />the County, or such individual person(s) as may from time to time be authorized in writing by <br />such administrative official to act for him /her with respect to any or all matters pertaining to this <br />Agreement. <br />"Employment Period" — for the Employees (as defined in Section 7.2), the period <br />beginning on July 1, 2005 and ending six (6) months thereafter. <br />"Event Expenses" — any and all expenses incurred or payments made by SMG in <br />connection with the occurrence of events at the Facility, including but not limited to costs for <br />event staffing including ushers, ticket takers, security and other event staff, and costs relating to <br />setup and cleanup. <br />"Facility" — as defined in the first paragraph of the Background section of this <br />Agreement. <br />"Facility Policy Manual" — the policy manual provided by SMG to the County <br />containing certain operating and employment policies customarily utilized by SMG in connec- <br />tion with the management of a public assembly facility such as the Facility. <br />"Fair" — as defined in Section 2.6 hereof. <br />"Fiscal Year'— a one year period beginning July 1 and ending June 30. <br />"Laws" — all federal, state, local and municipal regulations, ordinances, statutes, <br />rules, laws and constitutional provisions. <br />"Losses" — any and all losses, liabilities, claims, damages and expenses (including <br />reasonable attorneys fees and costs). <br />"Management Term" — as defined in Section 3.2 hereof. <br />"Net Operating Loss/Profit -- with respect to a Fiscal Year, the excess, if any, of <br />Operating Expenses for such Fiscal Year over Operating Revenues for such Fiscal Year, in the <br />case of a loss, and the excess, if any, of Operating Revenues for such Fiscal Year over Operating <br />Expenses for such Fiscal Year, in the case of a profit. <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />2 <br />F -1 <br />Attachment number 1 <br />Page 82 <br />