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APPROVED 12/05/05 <br />any way related to the Facility shall be deposited into such accounts and Operating Expenses <br />shall be paid by RFP from such accounts. All revenues collected by RFP arising from, related to <br />or payable in connection with the Facility, including but not limited to revenues from <br />membership fees, user fees, box office sales, facility or equipment rentals, utility rental <br />agreements, food and beverage concessions, naming or pouring rights, licensing agreements, <br />sales, marketing, leasing or other commissions, or any other source, are the sole property of the <br />County, held in trust by RFP for the County for application as provided herein. Any amounts <br />remaining in such accounts upon termination or expiration of this Agreement for any reason, <br />after payment of all outstanding Operating Expenses, shall be the sole property of the County <br />and shall be promptly paid by RFP to the County. <br />5.7 Ticket Sales Revenues. <br />RFP shall hold in a separate interest-bearing account in a banking institution <br />depository designated by the County any ticket sale revenues which it receives with respect to an <br />event to be held at the Facility pending the completion of the event. Such monies are to be held <br />for the protection of ticket. purchasers, the County and RFP, and to provide a source of funds, as <br />required for such payments to performers and promoters and for such payments of Operating <br />Expenses in connection with the presentation of events as maybe required to be paid <br />contemporaneously with the event. Following the satisfactory completion of the events, RFP <br />shall make a deposit into the operating .account(s) established pursuant to Section 5.6 above of <br />the amount in such account and shall pay from the operating account Event Expenses and <br />provide the County with a full event settlement report along with, upon request of the County, <br />copies of paid receipts from all vendors, promoters, performers and other payees of any portion <br />of the ticket sale revenues, and/or other details of such payments. Interest which accrues on <br />amounts deposited in the operating account(s) referred to in Section 5.6 and the ticket account <br />referred to above shall be considered Operating Revenues. Bank service charges, if any, on such <br />account(s) shall be considered 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 and will not be <br />considered Operating Expenses. The annual plan submitted pursuant to Section 6.2 shall include <br />RFP's recommendation for Capital Improvements and Capital Equipment purchases to be <br />accomplished during the Fiscal Year and shall be accompanied by an estimate of the cost of all <br />such items and projects and a request that the County budget funds therefor. The County shall <br />retain the sole discretion to determine whether and to what level to fund Capital Improvements <br />and Capital Equipment purchases to the Facility. <br />5.9 Funding of Facility. <br />The parties agree that RFP shall not be considered to have a funding obligation <br />{e.g. to fund the operation of the Facility in the event that the County cannot appropriate funds <br />for its operation); provided, however, that this agreement does not in any manner negate any <br />payment obligations of RFP set forth in this Agreement. <br />16 <br />