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7 <br />APPROVED 12/05/05 <br />events at the Facility are not Operating Revenues, but are instead revenues of the promoter <br />and/or performer df each such event. To the extent that RFP collects such ticket sale revenue on <br />behalf of such promoter and/or performer, such ticket sale revenue shall be the source of funds <br />from which RFP collects the rental charges and other event reimbursements due by such <br />promoter and/or performer for use of the Facility, which such charges and reimbursements are <br />Operating Revenues hereunder. <br />"Operating Revenue Benchmark" - shall be established annually in association <br />with the approved budget, beginning with the first full Fiscal Year of the Management Term, <br />subject to adjustment for material changes in the manner in which RFP operates food and <br />beverage services at the Facility or provides other programs and services, if such changes are <br />agreed upon by the parties hereto. <br />"Person" - any individual, general partnership; limited partnership, limited <br />liability partnership, partnership, corporation, joint venture, trust, business trust, limited liability <br />company, cooperative, or association, and the successors and assigns of any of the foregoing and, <br />unless the context otherwise requires, the singular shall include the plural, and the masculine <br />gender shall include the feminine and the neuter, and vice versa. <br />"Pre- existing Agreement" - each contract, license, agreement, option, lease and <br />commitment existing as of the date of this Agreement that grants any Person any right (i) to <br />license, use, occupy or rent all or any portion of the Facility, or (ii) to provide services to be used <br />in the management, operation, use, possession, occupation, maintenance, promotion or marketing <br />of all or any portion of the Facility. <br />"Renewal Term" - the additional period for which this Agreement may be <br />renewed at the option of the County in accordance with Section 3.2 hereof beyond the <br />Management Term. <br />"RFP",. -. as. defined in the. first paragraph of this. Agreement.. . <br />"Senior Center" - as described and/or referred to in Sections 2.3(q), 2:3(t), 2.6, <br />13.1 and 13.7 hereof. <br />2. Engagement of RFP; Scope of Services. <br />2.1 Engagement. <br />(a) General Scone. The County hereby engages RFP to promote, operate and <br />manage the Facility during the Management Term and the Renewal Term, if any, upon the terms <br />and conditions hereinafter set forth, and RFP hereby accepts such engagement. <br />(b) Manager of the Facility. Subject to the terms of this agreement, RFP shall <br />be the sole and exclusive manager to manage, operate and promote the Facility during the <br />Management Term and the Renewal Term, if any. In such capacity, RFP shall have exclusive <br />authority over the day -to -day operation of the Facility and all activities therein; provided that <br />