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12.4 Surrender of Premises Upon termination of this Agreement (termination shall, for all purposes in this Agreement, include termination pursuant to the terms of this Section 12 and any expiration of the term hereof), SMG shall surrender and vacate the Facility upon the effective date of such termi- nation. The Facility and all equipment and furnishings shall be returned to the County in good repair, reasonable wear and tear excepted, to the extent funds were made available therefor by the County. All reports, records, including financial records, and documents maintained by SMG at the Facility relating to this Agreement other than materials containing SMG's proprie- tary information shall be immediately surrendered to the County by SMG upon termination. 13. Miscellaneous. 13.1 Use of Facility at Direction of County (a) At the direction of the Contract Administrator, upon reasonable advance notice and subject to any preexisting commitments, SMG shall provide use of the Facility or any part thereof to civic and nonprofit organizations located in the locale of the Facility at reduced rates. All event - related expenses, including but not limited to ushers, ticket - takers, security and other expenses incurred in connection with the use of the Facility by such organizations, if not reimbursed to the Facility operating account by the organization using the Facility, shall be reimbursed by the County to the operating accounts specified in Section 5.6. Within thirty (30) days of the execution of this Agreement, and thereafter yearly as part of the annual plan to be provided pursuant to Section 6.2 hereof, SMG shall supply to the County a schedule listing SMG's standard charges for all regular event - related expenses, and such charges shall be the agreed charges, to the extent applicable, for use of the Facility in the circumstances described in this Section. (b) The County shall have the right to use the Facility or any part thereof, upon reasonable advance notice and subject to any preexisting commitments, for such purposes as meetings, seminars, training classes or other uses without the payment of any rental or use fee, except that direct out -of- pocket expenses incurred in connection with such uses shall be paid by the County. (c) Except for the Fair, the County shall not schedule use of the Facility pur- suant to subparagraphs (a) and (b) above if such use will conflict with paying events booked by SMG and shall in all instances be subordinate thereto in terms of priority of use of the Facility. Except for the Fair, in all instances when the Facility, or part thereof, is to be used at the Coun- ty's request or by the County pursuant to subparagraph (a) or (b) above, a rent or use fee which otherwise would be chargeable for such event shall be deemed to have been paid and such deemed payment shall constitute Operating Revenues for the purpose of calculating SMG's in- centive fee pursuant to Section 4.3 above. (d) The parties acknowledge that certain of the real property owned by the County on or adjacent to the Facility is planned for construction of a temporary jail for use by the County and that the construction, use and existence of such jail shall not constitute a breach he- pdfconvert. 9450.1. cabarms_agreement_2015. doc 29 Attachment number 1 F -1 Page 109