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(a) Subject to Section 7.2, SMG shall select, train and employ at the Facility such number of employees as SMG deems necessary or appropriate to satisfy its responsibilities hereunder; SMG shall use its best efforts to recruit employees who will be proficient, productive, and courteous to patrons, and, subject to Section 7.2, SMG shall have authority to hire, terminate and discipline any and all personnel working at the Facility. All employee shall be informed of the standards set forth in Section 2.1(d) hereof. (b) After the parties' agreement regarding the selection process, and the County's opportunity to interview general manager candidates and upon consultation with the County, SMG shall assign to the Facility a competent, full -time general manager. From time to time the general manager may provide assistance in connection with the consulting and /or man- agement services provided by SMG or any of its Affiliates at other facilities managed, owned or leased by SMG or any of its Affiliates, provided that (i) such assistance does not affect in any material respect the responsibilities and duties of the general manager to the Facility and (ii) the cost of the salary and benefits of the general manager for the time spent in connection with pro- viding such assistance shall be reimbursed by SMG to the operating account of the Facility. Prior to SMG's appointment of such general manager, SMG shall consult with the Contract Ad- ministrator with respect to the qualifications of the general manager proposed by SMG. (c) SMG employees at the Facility shall not for any purpose be considered to be employees or agents of the County, and SMG shall be solely responsible for their supervision and daily direction and control and for setting, and paying as an Operating Expense, their com- pensation (and federal income tax withholding) and any employee benefits, and all costs related to their employment shall be an Operating Expense. 7.2 County Employees (a) Intentionally Omitted (b) The County agrees that in the event that SMG is at any time required to make contributions to multiemployer plans (as that term is defined in Section 4001(a)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), as amended), on behalf of or for the benefit of SMG's union employees during the term of this Agreement, the parties will mu- tually agree in a separate agreement to the effect that County shall hold harmless SMG from any Losses in respect of any withdrawal liability if there are any unfunded vested benefits under any such multiemployer plans in connection with the hiring and firing of such employees by SMG during the term of this Agreement or the termination of this Agreement. pdfconvert. 9450.1. cabarms_agreement_2015. doc 20 F -1 Attachment number 1 Page 100