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CABARRUS ARENA AND EVENTS CENTER <br />FOOD AND BEVERAGE SERVICES AGREEMENT <br />This Food and Beverage Services Agreement is entered into as of the 1 st day of July, 2015 by <br />and between SMG, a Pennsylvania general partnership, acting as the manager of the Facility, as <br />defined below, ( "SMG") and SMG Food and Beverage, LLC, a Delaware limited liability company <br />("SMGFB"). <br />RECITALS <br />SMG and the County of Cabarrus, North Carolina, (the "County ") are parties to that certain <br />Management Agreement dated as of , 2015 (as amended or supplemented from time to <br />time, the "Management Agreement "), whereby SMG has been retained as an independent contractor <br />to act as the manager of the Cabarrus Arena and Events Center located in the County of Cabarrus, <br />North Carolina ( "Facility "). Upon receiving the County's consent, as reflected on the signature page <br />of this Agreement, SMG shall have authority under the Management Agreement to enter into this <br />Agreement. <br />SMG desires to obtain the services of an independent contractor to perform certain functions <br />relating to the management and operation of food and beverage concessions at the Facility, as more <br />particularly described herein. SMGFB is engaged in the business of, among other things, providing the <br />services desired by SMG. <br />SMG desires to grant to SMGFB the right to manage and operate the food and beverage <br />concessions throughout the Facility, and SMGFB desires to conduct such business at the Facility, all in <br />accordance with the terms and conditions set forth herein. <br />NOW, THEREFORE, in consideration of the foregoing and the mutual promises and <br />covenants contained herein, the parties agree, WITH THE INTENT TO BE LEGALLY BOUND <br />HEREBY, as follows: <br />1. DEFINITIONS <br />In addition to the words and phrases defined elsewhere in this Agreement, the following <br />words and phrases, when used in this Agreement, shall have the meanings given to them in this <br />Section: <br />A. "Agreement" shall mean this Food and Beverage Services Agreement, together <br />with all of the Exhibits attached hereto and made a part hereof, as the same may be amended from time <br />to time as provided herein. <br />B. "Alcoholic Beverage Services" shall mean the sale, service, and distribution of <br />alcoholic beverages at any event held at the Facility or on the grounds surrounding the Facility. <br />C. "Base Fee" shall have the meaning set forth in Section 6A hereof. <br />D. "Fiscal Year" shall mean a fiscal year period commencing July 1 and ending on <br />June 30 of every year during the Term of this Agreement. <br />Attachment number 1 <br />F -3 Page 73 <br />