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15 <br />APPROVED 12/05105 <br />in Section 12.1) hereunder, shall be entitled to draw such amounts from the account described in <br />Section 5.6. In the event of a Renewal Term, the parties shall mutually agree upon the amount, <br />terms and conditions of RFP's remuneration under this Section 4 for its performance hereunder. <br />4.2 . Fees Belong to County. <br />All revenues generated by, payable in connection with or in any way related to the <br />Facility shall be the sole property and revenue of the County. RFP's sole remuneration for its <br />performance under this Agreement shall be the Management Fee. RFP shall have no claim to any <br />revenues generated by, payable in connection with or in any way related to the Facility except <br />through the Management Fee. <br />5. Funding; Budgets; Bank Accounts. <br />5,1 Operating Funds. <br />Except as otherwise set forth herein and subject to Section 5.2, following the <br />approval of the annual operating budget for a Fiscal Year (including, without limitation, any <br />annual operating budget applicable to the first Fiscal Year during the term hereof), the County <br />shall make available to RFP all funds necessary to pay all approved expenses pursuant to the <br />approved, budgeted Operating Expenses incurred or accrued in such Fiscal Year, to the extent <br />Operating Revenues do not equal or exceed Operating Expenses. To the extent that Operating <br />Revenues during a calendar quarter period are insufficient, or are reasonably expected to be <br />insufficient, to cover Operating Expenses ( "Cash Flow Shortfall'D for such period, the County <br />shall deposit funds into the operating account as follows. Thirty (30) days prior to the beginning <br />of each calendar quarter during the Management Term and any Renewal Term, RFP will submit <br />to the County an invoice for the projected Cash Flow Shortfall for such quarter and the County <br />will transfer such funds to the operating account within five (5) days after the start of such <br />calendar quarter. Such funds shall be used to pay Operating Expenses. Should it thereafter be <br />determined that Operating Revenues for the quarter in question were in fact sufficient to cover <br />Operating Expenses for such quarter and that the deposit by the County was not in fact needed, <br />then such deposit shall, at the County's option, be either refunded to the County within ten (10) <br />days of its written request therefor, or shall be deposited into an interest- bearing account to be <br />used only to cover any future Cash Flow Shortfalls. Any cash infusions by the County pursuant <br />to a Cash Flow Shortfall shall not constitute Operating Revenues. <br />5.2 Non- Fundine. <br />(a) . The County shall have no obligation to provide funds for the payment of <br />Operating Expenses incurred or committed for after the date RFP receives written notice (an <br />"Appropriation Deficiency. Notice ") of the fact that insufficient funds or no funds have been <br />appropriated, or are anticipated to be insufficient or unavailable in the future, for the Facility. <br />(b) If the Appropriation Deficiency Notice is of insufficient funds, the County <br />shall pay all Operating Expenses incurred or committed for after such date that are within the <br />aggregate level of appropriated funds specified in the Appropriations Deficiency Notice. The <br />13 <br />