AG 2008 05 19 - Laserfiche WebLink

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(e) to the extent that Operating Revenues or funds supplied by the County are made available therefor, rent, lease or purchase alI equipment and maintenance supplies neces- sary or appropriate for the operation and maintenance of the Facility, provided that the County shall be responsible for undertaking all Capital Improvements and Capital Equipment purchases pursuant to Section 5.8, subject to the SMG Capital Contribution as provided in Section 5.11; (f) establish and adjust prices, rates and rate schedules for the aforesaid li- cenaea, agreements and contracts and any other commitments relating to the Facility to be nego- tiated by SMG in the course of its management, operation and promotion of the Facility. In de- termining such prices sari rate schedules, SMG shall evaluate comparable charges for similar goods and services at similar and/or competing facilities and shall consult with the Contact Ad- ministatorabout any adjustmenffi to Ora rate schedules at the Facility to be made by SMG; pro- vided, further, that SMG shall take all commercially reasonable actions to uffiize ita relationship with Ticketnutster to improve the financial, marketing and technological capacity of the Facility. As sot forth in Section 10.2, SMG shall enter into no contract with any Affiliate of SMG unless specifically approved in writing by the County. (g) to the extent that Operating Revenues or funds supplied by the County are made available therefor, pay, when duo all Operating Expenses from aceounts established pursu- ant to Sectious 5.6 and 5.7 of this Agreement; (h) after consultation with the County, institute or defend, at the reasonable expense of the County, with counsel agreed to by both parties, such legal actions or proceedings as SMG shall deem necessary or appropriate in comtection with the operation of the Fact7ity, in- cluding, without limitation, to collect charges, rents of other revenues due or to cancel, terminate or sue for damages under,'any license, use, advertiaemerrt or concession agreement for the breach thereof or default thereunder by any licensee, user, advertiser, or concessionaire at the Facility; (r) maintain a master set of atl booking records and schedules for the Facility; (j) provide day-today administrative services in support of its management activities pursuant to Approved Budgets and annual plena described herein, including, but not limited to, the acquisition of aervicee, equipment, supplies and facilities; internal budgeting and accounting; maintenance and property management; personnel managemeng record-keeping; collections and billing; and similar services; and (k) engage in each advertieittg, solicitation, and promotional activities as SMG deems neceaeary or appropriate to develop the potential of the Facility and the cultivation of broad community Support (including without limitation selling advertising inventory and ae- curingproduct rights for the Facility). SMG shall work with the Cabarrue County Convention and Visitor's Bureau to market the Facility for conventions, trade shows and public entertain- ment shows. 1n connection with its activities under this Agreement, including without limitation advertising relating to the Facility, SMG shall be permitted to use the terms "Cabamis Arena and Events Center" and logos for such names in its advertising, subject to the approval of the County. (1) Market and secure trees commareial tights sales fior the Facility. mvodcabuw a~emm,tvamt rd.doonv4d aMma rgrcement vanel md.aoo 7 ot99szoc ~~