AG 2015 03 16 - Laserfiche WebLink

Home Browse Search

(d) to the extent that Operating Revenues or funds supplied by the County are made available therefor, maintain the Facility in the condition received, reasonable wear and tear excepted; provided that the County shall be responsible for undertaking all Capital Improve- ments and Capital Equipment purchases as provided in Section 5.8. (e) to the extent that Operating Revenues or funds supplied by the County are made available thereofor, rent, lease or purchase all equipment and maintenance supplies neces- sary or appropriate for the operation and maintenance of the Facility, provided that the County shall be responsible for undertaking all Capital Improvements and Capital Equipment purchases pursuant to Section 5.8, subject to the SMG Capital Contribution as provided in Section 5.11; (f) establish and adjust prices, rates and rate schedules for the aforesaid li- censes, agreements and contracts and any other commitments relating to the Facility to be nego- tiated by SMG in the course of its management, operation and promotion of the Facility. In de- termining such prices and rate schedules, SMG shall evaluate comparable charges for similar goods and services at similar and /or competing facilities and shall consult with the Contract Ad- ministrator about any adjustments to the rate schedules at the Facility to be made by SMG; pro- vided, further, that SMG shall take all commercially reasonable actions to utilize its relationship with Ticketmaster to improve the financial, marketing and technological capacity of the Facility. As set forth in Section 10.2, SMG shall enter into no contract with any Affiliate of SMG unless specifically approved in writing by the County. (g) to the extent that Operating Revenues or funds supplied by the County are made available therefor, pay, when due all Operating Expenses from accounts established pur- suant to Sections 5.6 and 5.7 of this Agreement; (h) after consultation with the County, institute or defend, at the reasonable expense of the County, with counsel agreed to by both parties, such legal actions or proceedings as SMG shall deem necessary or appropriate in connection with the operation of the Facility, in- cluding, without limitation, to collect charges, rents or other revenues due or to cancel, terminate or sue for damages under, any license, use, advertisement or concession agreement for the breach thereof or default thereunder by any licensee, user, advertiser, or concessionaire at the Facility; (i) maintain a master set of all booking records and schedules for the Facility; 0) provide day -to -day administrative services in support of its management activities pursuant to Approved Budgets and annual plans described herein, including, but not limited to, the acquisition of services, equipment, supplies and facilities; internal budgeting and accounting; maintenance and property management; personnel management; record - keeping; collections and billing; and similar services; and (k) engage in such advertising, solicitation, and promotional activities as SMG deems necessary or appropriate to develop the potential of the Facility and the cultivation of broad community support (including without limitation selling advertising inventory and se- curing product rights for the Facility). SMG shall work with the Cabarrus County Convention and Visitor's Bureau to market the Facility for conventions, trade shows and public entertain - pdfconvert. 9450 .1.cabarrus_agreement_2015.doc 7 Attachment number 1 F -1 Page 87