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tion of such term. The obligation to negotiate with SMG is not intended to guaramee any con- tractrights for a firhue contract with SMG or any specific terms of a new contact. 4. SMG's Compeasatlon. 4.1 Fixed As base compensation to SMG for providing the services herein specified during the Management Term, the County shall pay SMG during the Management Term a periodic fixed fee of $95,1100 par Fiscal Year ("Fixed Fce'~. The foregoing annual fixed compensation shall be payable in equal monthly inatalhnente due on or before the last day of each month dur- ing such Fiscal Year, and SMG, provided it is not in default (as descnbed in Section 12. I) here- under, shall be entitled to draw such amounts from the account described in Section 5.6. In the event of a Renewal Term, the parties shall mutually agree upon the amount, terms and conditions of SMG's remuneration under this Section 4 for iffi porfonnance hereunder. 4.2 husntivq Fee. (a) Amoutrt. SMG shall be entitled to an armual incentive fee with respect to each Fiscal Year during the Management Term which shall be equal to the amount calculated in accordance with (i) below; Quid however. that in no event shall the total incentive fees for any Fiscal Year exceed 100% of the periodic fixed fee payable pursuant to Section 4.1 for such Fiscal Year, and; rovi Further. that SMG will not be eligible in any Fiscal Year for the Quan- titative Incentive Fee (as defined below) unless rho County approved annual budget of net oper- ating income is met or exceeded for such Fiscal Year: (i) Quantitative Incentive Fee. SMG shall be entitled to an annual quantitative Incentive Fee ("Quantitative Incentive Fee") with respect to each Fiscal Yeaz during the Management Term equal to fifteen percent (1590) of the excess Operating Revenue over the Operating Revenue Benchmazk; provided, however, that the Quantffi- tive Incentive Foxe shall not exceed seventy-Hue percent (75%) of the fixed fee payable to SMG for such Fiscal Year pursuant to Section 4.1; and (ii) Oualitative Incentive Fee. SMG may earn an annual qualitative Incentive Fee ("Qualitative Inoentive Fee") with respect to each Fiscal Year during the Maziagement Term up to an amount equal to twenty-five percent (25°/u) of the fixed fee payable to SMG for such Fiscal Year pursuant to Section 4.1. The amount.of the Qualita- tive hzcendve Fee shall be based upon an evaluation of SMG's performance by the County with respect to the following qualitative criteria: (a) Frofassional Management. SMG shall darnonstate professional management of staff'by above average ratings on mutually approved service de- livery surveys and a review by the County. (up to 40 points) (b) Maintenance and Operation. SMG shall demonshate qualitymain- tenanceand operation of the Facility based upon a review by the County on a rovieea ubarw ~gromnauvaml ~ed.doanviead ao6unv aarmmentva".I md.aae 11 m~~s-zoc ~3