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and to what level to fund Capital Improvements and Capital Equipment purchases to the Facility, except as otherwise provided in Section 5.12. 5.9 Funding of Facility The parties agree that SMG shall not be considered to have a general community funding obligation (e.g. to fund the operation of the Facility in the event that the County cannot appropriate funds for its operation); provided, however, that this agreement does not in any man- ner negate any payment obligations of SMG set forth in this Agreement. 5.10 Funds for Emergency Repairs SMG shall have the right to act, with the consent of the County, in situations which SMG determines to be an emergency with respect to the safety, welfare and protection of the general public, including spending and committing funds held in the operating account(s) of the Facility, even if such expenses are not budgeted, provided that such funds are reasonably re- lated to addressing the immediate emergency condition only; provided, however, SMG shall have no obligation under any circumstance to spend or commit funds other than funds then available in such accounts for any such purpose. If feasible, SMG shall use reasonable attempts to contact the Contract Administrator or other responsible party at the County prior to taking such actions, and in any event, immediately following such action, SMG shall inform the County of the situation and the action(s) taken, and the County shall pay into such account(s) the amount of funds, if any, reasonably spent or committed by SMG pursuant to this Section 5.10 in excess of budgeted amounts. 5.11 Event Fund On or before July 1, 2005, SMG made a Fifty Thousand Dollar ($50,000) contri- bution to a segregated interest bearing account established in accordance with Section 5.6 for the purposes of promoting and developing new event activity at the Facility ( "At Risk Event Fund "). The County made a contemporaneous contribution to the At Risk Event Fund of Fifty Thousand Dollars ($50,000). SMG shall, subject to periodic consultation with the County, man- age and control the At Risk Event Fund. Each party may make requests /recommendations in re- spect of potential events, or concepts for potential events, which may be funded, in whole or in part, through the At Risk Event Fund. The At Risk Event Fund will be replenished up to a max- imum of the original principal amount of $100,000 from profits, if any, from events in which funds of the At Risk Event Funds are utilized. Any remaining profits from such events will be placed in the Operating Account. Losses, if any, shall be deducted from said Fund without re- course to SMG or the County. Any events developed with any contributions from said Fund shall pay rent (and reimburse expenses) to the Facility consistent with that paid by third party users of the Facility on a "most favored client" basis for similar types of shows. Upon termina- tion or expiration of this Agreement and provided such termination is not due to breach of this Agreement by SMG, SMG shall be entitled to withdraw half of the funds then in the account up to SMG's $50,000 (plus a prorated share of any accrued interest) from the At Risk Event Fund. 5.11 SMG Capital Contributions. pdfconvert. 9450 .1.cabarrus_agreement_2015.doc 17 F -1 Attachment number 1 Page 97