AG 2008 05 19 - Laserfiche WebLink

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For purposes of this Agreement, all revenues generated by the Cabanvs County Fair (the "Fair's shall not be considered Operating Revenues hereunder. To the extent that SMG employees employed at the Facility can provide regular management services for the Fair within their normal business day, such services shall be previded without axha charges or fees. How- ever, tithe extent that SMG employees at the Facility cannot so perfornr or where SMG is di- rected by the County to hire additonal staff for the Fair, then any and all new wages of overtime payments incurred by the Facility in coffiection with (i.e. just before, during or just after) the Fair shall be paid for by the County outside ofthe Facility budget. Any other incremental (i.e. would not have been incurred by the Facility but for the existence of the Fair) charges that are identifiable and quantifiable in connection with the Fair shall also be for the account of the County and not the Facility. 3. Term and Renewal. 3.1 Transition Period. Intentionally omitted. 3.2 Management Temt and Renewal Term. (a) The "Management Term" of this Agreement shall commence on July 1, 2005 and end at midnight on June 30, 2010 unless earlier terminated pursuant to the provisions of this Agreement; provided, however, that the County shall have the right, in its sole discretion, without penalty or cause, to terminate the Management Term effective as of the third and fourth amriversaries, respectively, of the date on which the Management Temr began by giving not less than one hundred fifty (150) days prior written notice of such termination to SMG. (b) Tho County may extend the term hereof on the same terms. and conditions for additional five-year periods (each a "Renewal Term's commencing immediately after the Management Tenn or a~ Renewal Tann, as applicable, by giving not less than one hundred fifty (150) days prior written notice of such extension to SMG; provided, however, that the par- ties shall mutually agree on the amour, terms and conditions of remuneration for SMG's ser- vices hereunder. For each Renewal Term, the County shall have the right, in its sole discretion, to terminate the Renewal Term on the third and fourth anniversary of the date on which the Re- newal Term began by giving not less than one hundred fifty (I50) days prior written notice of such termination to SMG hereof. 3.3 New Contract. If (i) the County intends, upon termination or expiration of the Management Term or Renewal Term to continue to provide management at the Facility through a private provider and (ii) this Agreement has not been temrinated upon a default by SMG, then the County wr11 during the final year of the Management Term (unless the County exercises its option to renew under Section 3.2) or Renewal Temr, as the case maybe, negotiate and discuss in good faith a ` new contract or arrangement with SMG for the provision of such services following the comple- r~aan.,~.~~,~a.a~Y;~a~m~~vs~t~a.a~~ otvss-sac 10 f3