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first instance by and retained by such subcontractors, only the amount of such revenues paid by <br />such contractors to the Facility shall be included as Operating Revenues), miscellaneous operat- <br />ing revenues, revenues generated from separate agreements with SMG Affiliates pertaining to <br />the Facility, and interest revenues, atl as determined in accordance with generally accepted ac- <br />counting principles and recognized on a full accrual basis. The parties acknowledgethat reve- <br />nues from the sale of tickets for events at the Facility are not Operating Revenues, but are instead <br />revenues of the promoter and/or performer of each such event. To the extent that SMG collects <br />such ticket sale revenue on behalf of such promoterand/or performer, such ticket sale revenue <br />shall be the source of funds from which SMG collects the rental charges and other event reim- <br />bursements due by such promoter and/or performer for use of the Facility, which such charges <br />and reimbursements are Operating Revenues hereunder. <br />"Operating Revenue Benchmark" -shall equal One Miilioa Thirty-Five Thou- <br />sand Dollars ($1,035,000) for the fast full Fiscal Year of the Management Term, subject to ad- <br />justment for material changes in the maffier in which SMG operates food and beverage products <br />at the Faclity, if such changes are agreed upon by the parties hereto. The Operating Revenue <br />Benchmark shall automatically adjust on the first day of each subsequent Fiscal Year to equal the <br />amount of three (3) year average of the total Operating Revenues for the previous three Fiscal <br />Years (and the parties agree to take into consideration any agreed upon adjustments relative to <br />material changes in the food and beverage operations of the Facility); provided, however, in no <br />event shall the Operating Revenue Benchmark for any Fiscal Rear hereunder be less than <br />$1,035,000. <br />"Person" -any individual, general partnership, limited partnership, limited liabr7- <br />ity partnership, partnership, corporation, joint venture, trust, business tnun, limited liability com- <br />pa~, cooperative, or association, and the successors and assigns of any of the foregoing and, <br />unless the context otherwise requires, the singular shall include the plural, and the masculine <br />gender shall include the feminine and the neuter, and vice versa. <br />"Pre-existing Agreement' -each contract, license, agreement, option, lease and <br />commitment existing as of the date of this Agreement that grants any Person any right (i) to li- <br />cense, use, occupy or rent all or any portion of the Facility, or (ii) to provide services to be used <br />in the management, operation, use, possession, occupation, maintenance, promotion or marketing <br />of all or any portion of the Facility, and that are listed on Eahr`bit "A" hereto. <br />"Renewal Term" -the additional period for which this Agreement may be re- <br />newed at the option of the County in accordance with Section 3.2 hereof beyond the Manage- <br />ment Term. <br />"SMG" - as defined in the first paragraph of this Agreeme~. <br />2. Engagement of SMG; Seope of Services. <br />2.1 En aaement. <br />roviaed cebnnua egreaucntvfinal ¢d.daaevised cebamis e~ntvFnai rcd.doe <br />4 <br />®1995 20C <br />~3 <br />