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of concession booths and games to be operated in the Fair midway area. The Show agrees to <br />secure prior approval of the County for the layout of all Show Attractions. The County shall also <br />be entitled to allow local organizations approved by the County to operate concession stands and <br />other attractions in other mutually agreed designated areas. The Show acknowledges that in <br />addition to approval of the County, the layout of all Show attractions is subject to approval of all <br />applicable regulatory bodies, including without limitation, local fire and electrical inspection <br />authorities. <br />D. Show Attractions Setup. The Show will have all equipment and personnel with regard <br />to every Show Attraction fully set up and operational by 4:00 p.m. on Friday, September 11, <br />2009, when the Fair opens. The Show will provide all electrical power sufficient to operate its <br />own equipment. Fines and Penalties: At 4:00 pm on opening day of the Fair, if the Show has <br />less than thirty-eight (38) amusement rides and shows operational for the general public, the <br />Show will pay the County a fine of two thousand dollars ($2,000.00) per unit not operational and <br />each day thereafter that the Show has under forty (40) units operational, the Show will pay the <br />County five hundred dollars ($500.00) per ridelper day. <br />E. Show Attractions. In addition to the requisite minimum of 1,000 feet of concession <br />booths and games, the Show will provide a minimum of 40 amusement rides and shows, <br />including everything from kiddie rides to spectaculars with the same state fair quality as Raleigh. <br />Also, the Show may provide additional rides and shows if it so desires. All Show Attractions <br />shall have a clearly posted and stated price. There shall be no "donation" or "ding" shows. All <br />games shall be for prizes of merchandise and not for money. All games operated by the Show <br />will be games of skill only. The Show will not operate any games of chance, such as penny falls. <br />The Show agrees that no Show Attractions will contain nudity or burlesque-type entertainment, <br />or violate any local ordinance, rule or regulation. The Show acknowledges that it is prohibited <br />from operating concession sales of novelties, tobacco, cigarettes and alcohol at the Fair. <br />F. Show Fees/Costs/Expenses. <br />1. Midway Space: During the 2009 Fair, the Show shall pay the County for midway <br />space at $20.00 per linear foot. No charge shall be assessed the Show for awning space, with the <br />exception that there will be a charge for space taken for framework, as measured along the <br />walkway. Front footage on single-sided access concessions or games shall be charged for the <br />number of feet along the midway. However, for pricing purposes hereunder, concessions stands <br />or games having two or more sides will be measured on the long side and one-half of one short <br />side. (For example, for pricing purposes hereunder, a 20' x 10' concession azea shall be <br />designated as having a 25-foot frontage.) <br />2. Gross Receipts/Rides: During the 2009 Fair, the Show will pay the County thirty-five <br />percent (35%) of all gross ride receipts. The Show will provide the County with a daily report of <br />the gross ride receipts at the close of each business day. <br />3. Tickets/Passes/Advertising: The Show agrees to pay the County a minimum of two <br />thousand five hundred dollars ($2,500.00) per Fair year to assist in defraying the County's Fair <br />advertising costs, plus the Show agrees to pay the County the following: a) One thousand dollars <br />($1,000.00) to be applied to garbage removal, b) One thousand five hundred dollars ($1,500.00) <br />to help provide .security and school day discount tickets/ride promotion, and c) Two thousand <br />($2,000.00) towards capital improvement. In addition, the Show shall furnish at its sole expense <br />all necessary ticket stock or other forms of passes used for all rides, shows and games, including <br />coupons, wristbands or hand stamps. The Show will provide the County with a reasonable <br />3 <br />~" ~ 1 <br />