Laserfiche WebLink
of law for a breach of any of the provisions of this Section 2.5 will be inadequate and that, in <br />connection with any such breach, SMG will be entitled, in addition to any other remedies <br />(whether at law or in equity), to temporary and permanent injunctive relief without the necessity <br />of proving actual damage or immediate or irreparable harm, or of the posting of a bond. Not- <br />withstanding the foregoing, if a court of competent jurisdiction shall determine any of the provi- <br />sions of this Section 2.5 to be unreasonable, SMG agrees to a reaffirmation of such provisions by <br />such court to any limits which such court finds to be reasonable and the County will not assert <br />that such provision shall be eliminated in their entirety by such court. <br />2.6 Cabarrus County Fair <br />For purposes of this Agreement, all revenues generated by the Cabarrus County <br />Fair (the "Fair ") shall not be considered Operating Revenues hereunder. To the extent that SMG <br />employees employed at the Facility can provide regular management services for the Fair within <br />their normal business day, such services shall be provided without extra charges or fees. How- <br />ever, to the extent that SMG employees at the Facility cannot so perform or where SMG is di- <br />rected by the County to hire additional staff for the Fair, then any and all new wages or overtime <br />payments incurred by the Facility in connection with (i.e. just before, during or just after) the <br />Fair shall be paid for by the County outside of the Facility budget. Any other incremental (i.e. <br />would not have been incurred by the Facility but for the existence of the Fair) charges that are <br />identifiable and quantifiable in connection with the Fair shall also be for the account of the <br />County and not the Facility. <br />3. Term and Renewal. <br />3.1 Transition Period <br />Intentionally omitted. <br />3.2 Management Term and Renewal Term <br />(a) The "Management Term" of this Agreement shall commence on July 1, <br />2015 and end at midnight on June 30, 2020 unless earlier terminated pursuant to the provisions <br />of this Agreement or extended pursuant to Section 3.2(b). <br />(b) The County may extend the term hereof on the same terms and conditions <br />for additional five -year periods (each a "Renewal Term ") commencing immediately after the <br />Management Term or any Renewal Term, as applicable, by giving not less than one hundred fif- <br />ty (150) days prior written notice of such extension to SMG; provided, however, that the parties <br />shall mutually agree on the amount, terms and conditions of remuneration for SMG's services <br />hereunder. <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />10 <br />F -1 <br />Attachment number 1 <br />Page 90 <br />