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<br />events at the Facility are not Operating Revenues, btrt are instead revenues of the promoter
<br />and/or performer of 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 Benclunar'k" -shall equal
<br />( )for the first full Fiscal
<br />Year of the Management Term, subject to adjustment for material changes in the manner in
<br />which RFP operates food and beverage products at the Facility, if such changes ar'e agreed upon
<br />by the parties hereto. The Operating Revenue Benchmark shall automatically adjust on the first
<br />day of each subsequent Fiscal Year to equal the amount of three (.3) year average of the total
<br />Operating Revenues for the previous three Fiscal Years; provided, however, in no event shall the
<br />Operating Revenue Benchmark for any Fiscal Year hereunder be less than
<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, and that are listed on Exhibit hereto.
<br />"Renewal Term" -the additional period for' which this Agreement maybe
<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 1.3.7 hereof:
<br />2. Engagement of RFP; Scope of Services.
<br />2,1 Engagement.
<br />(a) General Scope. The County hereby engages RFP to promote, operate and
<br />manage the Facility during the Management Term and the Renewal Tenn, if any, upon the terms
<br />and conditions hereinafter set forth, and RFP hereby accepts such engagement.
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