6
<br /> policies customarily utilized by Manager in connection with the management of a public facility
<br /> such as the Facility. The Facility Policy Manual shall at all times and in all iterations be in
<br /> compliance with the terms of this Agreement.
<br /> FF&E: Furniture, fixtures, and equipment to be procured for use at the Facility.
<br /> Fiscal Year: Each twelve (12) month period during the Term, commencing on July
<br /> 1 and ending on June 30, and includes the period between the Effective Date and June 30,
<br /> 2025.
<br /> General Manager: The employee of Manager acting as the full-time on-site general
<br /> manager of the Facility.
<br /> Laws: Means all applicable laws, statutes, rules, regulations, and ordinances.
<br /> Manager: The term "Manager" shall have the meaning ascribed to such term in the
<br /> first paragraph to this Agreement and includes that Manager's successors and permitted
<br /> assigns.
<br /> Operating Account(s): A depository account(s) into which revenues are deposited
<br /> and a disbursement account through with expenses are paid. Separate interest-bearing
<br /> account(s) in the name of the Owner at a licensed bank, to be designated by the Owner,
<br /> where Revenue is deposited and from which Operating Expenses are paid.
<br /> Operating Budget: A line-item budget for the Facility that includes a projection of
<br /> revenues and operating expenses, approved on an annual basis and reviewed on a monthly
<br /> basis.
<br /> Operating Expenses: All expenses incurred by Manager in connection with its
<br /> operation, promotion, maintenance and management of the Facility, including but not
<br /> limited to the following:
<br /> (i) employee payroll, bonuses and benefits (including payments to any national
<br /> benefit system), relocation costs, termination costs (including severance costs and
<br /> payments in lieu of termination), and related costs, (ii) cost of operating supplies, including
<br /> general office supplies, (iii) advertising, marketing, group sales, and public relations costs,
<br /> (iv) cleaning expenses, (v) data processing costs, (vi) dues, subscriptions and membership
<br /> costs, (vii) the Base Management Fee, (viii) printing and stationery costs, (ix) postage and
<br /> freight costs, (x) equipment rental costs, (xi) minor repairs, maintenance, and equipment
<br /> servicing, not including expenses relating to performing capital improvements or repairs,
<br /> (xii) security expenses, (xiii) telephone and communication charges, (xiv) Taxes, (xv) cost
<br /> of employee uniforms and identification, (xvi) exterminator and trash removal costs, if
<br /> applicable (xvii) computer, software, hardware and training costs, (xix) utility expenses,
<br /> (xx) office expenses, (xxi) audit and accounting fees, if pre-approved by Owner, (xxii) loss,
<br /> costs, damage, liability and any other obligations arising under or incurred under Service
<br /> Contracts and other agreements relating to Facility operations, (xxiii) all bond and
<br /> insurance costs, including but not limited to personal property, general liability,
<br /> professional liability and worker's compensation insurance, (xxiv) commissions and all
<br />
|