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or successor index hereafter published by the Bureau of Labor Statistics or other <br />agency of the United States Government succeeding to its functions ("CPI"). <br />4. Section 4.2(a)(i) the Management Agreement is hereby amended and restated in its entirety <br />to read as follows: <br />Quantitative Incentive Fee. SMG shall be entitled to an annual quantitative <br />Incentive Fee ("Quantitative Incentive Fee") with respect to each Fiscal Year <br />during the Management Term equal to fiftee rthirty percent (30%) of the excess <br />Operating Revenue over the Operating Revenue Benchmark; provided, however, <br />the Operating Revenue Benchmark shall not include those periods that the Parties <br />mutually agree were impacted by Covid-19; and <br />5. Section 4.2(a)(ii) the Management Agreement is hereby amended and restated in its <br />entirety to read as follows: <br />Qualitative Incentive Fee. SMG may earn an annual qualitative Incentive Fee <br />("Qualitative Incentive Fee") with respect to each Fiscal Year during the <br />Management Term equal to $25,000, which shall adjusted upward on the first day <br />of each Fiscal Year by the percentage change in the CPI. The amount of the <br />Qualitative Incentive Fee shall be based upon an evaluation of SMG's performance <br />by the County with respect to following qualitative criteria: <br />6. A new Section 4.2(a)(iii) shall be added to the Management Agreement and shall read as <br />follows: <br />Sponsorship Commissions. SMG shall be entitled to fifteen percent (15%) of the <br />gross revenues of any sponsorships and/or commercial partnerships associated with <br />the Facility, including any naming rights transaction (the "Sponsorship <br />Commission"). For purposes of calulcating the Sponsorship Commison, gross <br />revenues shall not included the mutually agreed upon expenses related to fulfilling <br />such sponsorship or partnership. For the avoidance of doubt, SMG shall not be <br />eligible for any Sponsorship Commisson related to a current sponsorship or <br />commercial partnership for the Facility that has been entered into as of the <br />Amendment Effective Date. <br />7. Section 5.12(a) of the Management Agreement is hereby amended and restated in its <br />entirety to read as follows. <br />Within thirty (30) days of the Amendment Effective Date, SMG shall provide to <br />the Facility the sum of Three Hundred Fifty Thousand Dollars ($350,000) for <br />Capital Improvements and Capital Equipment purchases relating to the Facility (the <br />"Second Capital Contribution"). In addition, in the event that the p� ap roes <br />exercise their option to renew this Agreement for the term of 2030-2035, then <br />2 <br />Page 239 <br />