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Statement ") of Gross Revenue, Operating Expenses, Net Operating Income, a calculation of the <br />Incentive Fee, if any, and a calculation of any distribution of Positive Net Operating Income for each <br />party, if any, for the immediately preceding Fiscal Year. Together with the delivery of the Annual <br />Statement, SMGFB shall make the payment of any Positive Net Operating Income to the Facility, if <br />any and (ii) shall be paid SMGFB's Net Operating Income Share for such preceding Fiscal Year. In <br />the event Net Operating Income for any such Fiscal Year is less than zero, neither party shall be liable <br />to the other party for any payments under Section 6C above. <br />D. SMGFB shall collect and promptly disburse all taxes required by federal, state <br />and local authorities, and shall pay any applicable taxes relating to food service operations, equipment, <br />or inventory. <br />8. TRAINING. All SMGFB employees involved in the sale, service, and distribution of <br />alcoholic beverages shall be trained by SMGFB in effective alcohol awareness, which includes training <br />based on any applicable laws of the State of North Carolina. <br />9. SMGFB'S OPERATIONAL RESPONSIBILITIES. <br />A. Periods of Operations SMGFB shall provide the Services at such times as shall <br />be reasonably necessary to serve guests of the Facility. <br />B. Quality. All food and beverage items offered for sale by SMGFB shall be of <br />high quality. SMGFB shall not offer for sale any food or beverage items which are spoiled, of poor <br />quality, or otherwise unfit for consumption and any such items immediately shall be removed by <br />SMGFB from any food preparation or service area. SMGFB shall maintain a level of service that will <br />provide an effective and convenient operation of food and beverage service. All food, drinks, <br />beverages, confections and other items sold or kept for sale at the concessions will conform in all <br />respects to applicable federal, state and city regulations. <br />C. Notice of Health Code Violations SMGFB will provide the County and SMG, <br />immediately upon SMGFB's receipt, copies of any reports, citations, or notices that appear from the <br />County of Cabarrus Health Department or the City of Concord Health Department, as well as copies of <br />any SMGFB field inspection reports in response thereto.A <br />10. RESPONSIBILITIES OF THE FACILITY. <br />A. Space; Access; Use of Facilities SMG shall provide adequate space within the <br />Facility for the performance of the Services and shall permit SMGFB and its employees and agents <br />access to the Facility in order to provide the Services. SMG shall also make available to SMGFB and <br />its employees and agents such common areas, fixtures, and equipment within the Facility necessary for <br />SMGFB to provide the Services as contemplated herein. <br />B. Utilities SMG shall provide without additional charge to SMGFB all utilities <br />necessary for the provision of the Services, including without limitation heating, water, cooling, <br />ventilation, air conditioning, general lighting and electricity for all areas used by SMGFB in providing <br />the Services. In addition, SMG shall provide to SMGFB at no charge all utility connections and <br />hookups to permanent and portable locations, subject to the limits of the Facility's existing utility <br />capacity. <br />Attachment number 1 <br />F -3 Page 77 <br />