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Expenses in connection with the presentation of events as may be required to be paid contempo- <br />raneously with the event Following the satisfactory completion of the events, SMG shall make <br />a deposit into the operating account(s) established pursuant to Section 5.6 above of the amount in <br />such account and shall pay from the opemting account Event Expenses and provide the County <br />with a full event settlement report along with, upon request of the County, copies of paid receipts <br />from all vendors, promoters, performers and other payees of any portion of the ticket sale reve- <br />nues, and/or other details of such payments. Interest which accmes on amounts deposited in the <br />operating accoun(s) referred to in Section 5.6 and the ticket account referred to above shall be <br />considered Operating Revenues. Bank service charges, if any, on such account(s) shall be con- <br />sidered Operating Expenses. <br />5.8 Capital Improvements: Capital Equipment <br />The obligation to pay for, and authority to perform, direct and supervise Capital <br />Improvements and Capital Equipment purchases shall remain with the County, except as other- <br />wise provided in Section 5.11, and will not be considered Operating Expenses. The annual plan <br />submitted pursuant to Section 62 shall include SMG's recommendation for Capital hnprove- <br />menis and Capital Equipment purchases to be accomplished during the Fiscal Year and shall be <br />accompanied by an estimate of the cost of all such items and projects and a request that the <br />County budget funds therefor. The County shall retain the sole discretion to determine whether <br />and to what level to fund Capital Improvements and Capital Equipment purchases to the Facility, <br />except as otherwise provided in Section 5.11. <br />5.9 Fundine of Facility. <br />The parties agree that SMG shall not be considered to have a general community <br />funding obligation (e.g. to fund the operation of the Facility in the event that the County cannot <br />appropriate funds for its operation); provided, however, that this agreement does not in any man- <br />ner negate any payment obligations of SMG set forth in this Agreement <br />5.10 Funds for Emergency Repairs. <br />SMG shall have the right to act, with the consent of the County, in situations <br />which SMG determines to be an emergency with respect to the safety, welfare and protection of <br />the general public, including spending and committing funds held in the operating account(s) of <br />the Facility, even if such expenses are not budgeted, provided that such funds are reasonably re- <br />lated to addressing the immediate emergency condition only; provided, however, SMG shall <br />have no obligation under a~ circumstance to spend or commit funds other than funds then <br />available in such accounts for any such purpose. If feasible, SMG shall use reasonable attempts <br />to coact the Contract Administrator or other responsible party at the County prior to taking <br />such actions, and in any event, immediately following such action, SMG shall inform the County <br />of the situation and the action(s) taken, and the County shall pay into such account(s) the amount <br />of funds, if any, reasonably spent or committed by SMG pursuant to this Section 5.10 in excess <br />of budgeted amounts. <br />5.11 vent Fund <br />mvieed cebnrtu6 a~emimtvrmal red.damited w6azms agennmtvanal ced.dce <br />16 <br />®1995-0AC <br />r' <br />