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r <br />MANAGEMENT AGREEMENT <br />THIS MANAGEMENT AGREEMENT (this "Agreement's dated es of the <br />28th day of April, 2005 by and between Cabazrua County, North Carolina, a political subdivision <br />of the State of North Carolina (the " County~~, and SMG, a Pennsylvania general parinetahip, <br />whose current address is 701 Market Street, 4th Floor, Philadelphia, PA, 19106 ("SMG'. <br />BACKGROUND <br />The County ie the owner and current operator and manager of the Cabamrs Arena <br />and Events Center locatod in the County of Cabamis, North Carolina ("Facility'. <br />SMG is engaged, among other things, in the business of providing management <br />services, including operations and marketing services for public assembly facilities. <br />The County desires to engage SMG, and SMG desires to accept such engagement, <br />to provide management services for the Facility on the teens and conditions set forth heroin. <br />The County intends to work in mutual accord with SMG in order to ensure provi- <br />sion of high quality management services, thereby enhancing the use and enjoyme~ of the Facil- <br />ity. <br />NOW, THEREFORE, in consideration of the mutual premises, covenants and <br />agreements herein contained, the parties hereto, intending to be legally. bound, hereby agree as <br />follows: <br />1. Definitions <br />For purposes of this Agreement, the following terms have the meanings referred <br />to in this Section 1: <br />"ADA" -the Americana with Disabilities Act, 42 U.S.C. Sections 12101-12213 <br />as amended by the Civil Rights Act of 1991(42 U.S.C. Section 1981(a)), as it now exists and as <br />it may be amended in the future by statute or judicial interpmtation. , <br />"Affiliate" - a Parson that directly or indirectly, through one or more intermediar- <br />ies, co~rols or is controlled by, or is under common conhol with, a specified Person. For pur- <br />poses of this definition, "cool" mesas ownership of equity securities or other ownership inter- <br />ests that represent more than 40% of the voting power in the corrttollad Parson.. <br />"Approved Budget" -any budget submitted by SMG and approved by the County <br />pursuant to Saction5 hereof. <br />"CERCLA" -the Comprehensive Environmental Response, Compensation and <br />Liability Act, as amended by the Superfirnd Amendments and Reauthorization Act. <br />mvleed ubenua sgrtement urinal md.docroviced abonue ~yreementvflnd [ed.do° <br />01995-20C <br />~ I~ <br />