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5.6 Receipts and Disbursements <br />SMG shall establish and maintain in one or more depositories designated by the <br />County one or more operating, payroll and other bank accounts for the promotion, operation and <br />management of the Facility, in the name of the County, with SMG having signature authority in <br />such employees of SMG as SMG shall reasonably determine, provided such employees are prop- <br />erly bonded as specified herein. All revenues collected by SMG from the operation of or in any <br />way related to the Facility shall be deposited into such accounts and Operating Expenses shall be <br />paid by SMG from such accounts. All revenues collected by SMG arising from, related to or <br />payable in connection with the Facility, including but not limited to revenues from box office <br />sales, facility or equipment rentals, utility rental agreements, food and beverage concessions, <br />naming or pouring rights, licensing agreements, sales, marketing, leasing or other commissions, <br />or any other source, are the sole property of the County, held in trust by SMG for the County for <br />application as provided herein. Any amounts remaining in such accounts upon termination or <br />expiration of this Agreement for any reason, after payment of all outstanding Operating Ex- <br />penses, shall be the sole property of the County and shall be promptly paid by SMG to the Coun- <br />ty. <br />5.7 Ticket Sales Revenues <br />SMG shall hold in a separate interest - bearing account in a banking institution de- <br />pository designated by the County any ticket sale revenues which it receives with respect to an <br />event to be held at the Facility pending the completion of the event. Such monies are to be held <br />for the protection of ticket purchasers, the County and SMG, and to provide a source of funds, as <br />required for such payments to performers and promoters and for such payments of Operating <br />Expenses in connection with the presentation of events as may be required to be paid contempo- <br />raneously with the event. Following the satisfactory completion of the events, SMG shall make <br />a deposit into the operating account(s) established pursuant to Section 5.6 above of the amount in <br />such account and shall pay from the operating account Event Expenses and provide the County <br />with a full event settlement report along with, upon request of the County, copies of paid receipts <br />from all vendors, promoters, performers and other payees of any portion of the ticket sale reve- <br />nues, and /or other details of such payments. Interest which accrues on amounts deposited in the <br />operating account(s) referred to in Section 5.6 and the ticket account referred to above shall be <br />considered Operating Revenues. Bank service charges, if any, on such account(s) shall be consi- <br />dered Operating Expenses. <br />5.8 Capital Improvements, Capital Equipment <br />The obligation to pay for, and authority to perform, direct and supervise Capital <br />Improvements and Capital Equipment purchases shall remain with the County, except as other- <br />wise provided in Section 5.12, and will not be considered Operating Expenses. The annual plan <br />submitted pursuant to Section 6.2 shall include SMG's recommendation for Capital Improve- <br />ments and Capital Equipment purchases to be accomplished during the Fiscal Year and shall be <br />accompanied by an estimate of the cost of all such items and projects and a request that the <br />County budget funds therefor. The County shall retain the sole discretion to determine whether <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />16 <br />F -1 <br />Attachment number 1 <br />Page 96 <br />