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2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement
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2025-462-E-DEAPR-Recreation Factory Partners-portsplex Management Agreement
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Last modified
7/31/2025 2:31:40 PM
Creation date
7/31/2025 2:29:33 PM
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Contract
Date
7/18/2025
Contract Starting Date
7/18/2025
Contract Ending Date
7/29/2025
Contract Document Type
Contract
Amount
$194,364.00
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<br />administer and use reasonable commercial efforts to ensure compliance with such <br />Existing Contracts to the extent provided to Manager and to the extent necessary to <br />maintain operations at the Facility. <br /> <br />9.2 Execution of Contracts. Manager shall have the right to enter into <br />Service Contracts, Revenue Generating Contracts, and other contracts related to the <br />operation of the Facility. Any such material agreements shall contain standard <br />indemnification and insurance obligations on the part of each vendor, licensee or service <br />provider, as is customary for the type of services or obligations being provided or <br />performed by such parties. No such contracts shall create an agency relationship between <br />Owner and Manager. Except as otherwise provided herein, no such contracts shall be <br />binding upon the Owner. <br /> <br />9.3 Transactions with Affiliates. Manager may purchase or procure such <br />services, or otherwise transact business with, an Affiliate of Manager, provided that the <br />prices charged and services rendered by such Affiliate are competitive with those <br />obtainable from any unrelated parties rendering comparable services. Manager shall, <br />if requested by Owner, provide reasonable evidence establishing the competitive nature <br />of such prices and services, including if appropriate, competitive bids from other persons <br />seeking to render such services at the Facility. <br /> <br />ARTICLE 10 <br />AGREEMENT MONITORING AND GENERAL MANAGER <br /> <br />10.1 Contract Administrator. Each party shall appoint a contract administrator <br />who shall monitor such party's compliance with the terms of this Agreement and who shall <br />have authority to make day-to-day decisions regarding the terms of this Agreement. <br />Manager's contract administrator shall be its General Manager at the Facility, unless <br />Manager notifies Owner of a substitute contract administrator in writing. Owner shall notify <br />Manager of the name of its contract administrator within thirty days of the Effective Date. <br />Any references in this Agreement requiring Manager or Owner participation or approval <br />shall mean the participation or approval of such party 's contract administrator except that, <br />unless otherwise provided herein, approval of amendments to this Agreement must be <br />approved by Owner’s governing board. <br /> <br />ARTICLE 11 INSURANCE <br /> <br />11.1 Liability Insurance. Manager shall secure and deliver to the Owner prior to the <br />commencement of the Term and shall keep in force at all times during any period in which <br />Manager has operations at the Facility, a commercial liability occurrence insurance policy, <br />including public liability and property damage, covering the premises and the operations <br />hereunder, in the amount of Five Million Dollars ($5,000,000.00) for bodily injury and Five <br />Million Dollars ($5,000,000.00) for property damage, including products and completed <br />operations and independent contractors. Manager shall also maintain Property Damage <br />Insurance with a single limit of not less than Five Million Dollars ($5,000,000.00) per <br />occurrence. Manager shall also maintain umbrella liability insurance from these limits up <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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