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AG 2008 05 19
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AG 2008 05 19
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Last modified
2/1/2009 12:20:57 PM
Creation date
11/27/2017 11:28:17 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
5/19/2008
Board
Board of Commissioners
Meeting Type
Regular
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reasonable good faith belief that the projected Nat Operating Loss for the Fiscal Year as set forth <br />in the Approved Budgets would not bo increased as a result of such additional events or activi- <br />ties. <br />5.5 Budget Modifications Initiated by the County. <br />In the event that it appears reasonably likely, in any year during the term horeoi, <br />that the actual Net Operating Losalprofit for such Fiscal Year wr71 be larger or smaller as the case <br />may be than projected is the annual operating budget for such Fiscal Yeaz, the County may re- <br />quest from SMG a plan for reduction of Operating Bxpeneos to a level consistent with the bedg- <br />eted Net Operating Loae/Profit amounk SMG shall forthwith comply with any such expanse re- <br />duction requested by the County, whether such reduction was included in SMG's proposed plan <br />for r~luction or not, and the approved budgets for such Fiscal Year shall be modified accord- <br />ingly, provided that if the County's requested inductions, in SMG's reasonable good faitir judg- <br />ment, could materially interfere, impede or impair the ability of SMG m manage, operate or <br />promote the Facility, SMG shall have the right to terminate this Agrcement pursuant to Section <br />12.2 (with the effect set. forth in Section 12.3) and provided further that SMG ahatl not becon- <br />atmed to have breached its obligations under this Agreement if such alleged breach has been di- <br />rectly caused by the reductions requested by the County, provided chat the County has bean Brat <br />given reasonable prior written notice by SMG that such specific breach or default by SMG was <br />likely to result from such reduction. <br />5.6 Receinta and Ihsbursementa. <br />SMG shall establish and maintain in one or more depoaitoriea designated by the <br />County one or more operating, payroll and other bank accounts for the promotion, opmation and <br />management of the Facility, in the name of the County, with SMG having signatuin authority in <br />such employces of SMG as SMG shall reasonably determine, provided such employees are prop- <br />erlybonded as specified herein. All revenues collected by SMG from the operation of or in any <br />way related to the Facility shall be deposited into such accounts and Operating Sxponsae shall be <br />paid by SMG from such accounts. All revenues collected by SMG arising from, related to or <br />payable in connection With rho Facility, including but not limited to revenues from box office <br />sales, facility of equipment renffils, utility rental agreements, food and beverage conoaesions, <br />naming or Pouring rights, licensing agreements, sales, marketing, leasing or other commissions, <br />or any other source, are'the sole property of the County, held in trust by SMG for the County for <br />application se provided herein. A~ amounts remaining in such accounts upon termination or <br />expiration of this Agreement for any reason, after payment of all outstanding Operating Ex- <br />penaes, shall be the sole property of the County and shall be promptly paid by SMG to the <br />County. <br />5.7 Ticket Sales Revenues. <br />SMG shall hold in a separate ingest-bearing account in a banking institution de- <br />pository designated by the Cou~y any ticket sale revenues which it receives with respect to an <br />event to be held at rho Facility pending the complotioa of the evenk Such monies sin to be held <br />for the protection of ticket purchasers, the County and SMG, and to provide a source of funds, as <br />required for such payments to performers and promoters and for such payments of Operedng <br />mvieed abwnu t vfsul ndduerovbad abamu ~greemmt vruW rtddoo m1999-2oC <br />15 <br /> <br />
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