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<br /> <br />Capital Expenditures: All expenditures for building additions, alterations, repairs or <br />improvements (“Capital Improvements”) where the cost of such expenditure is greater than <br />Twenty Thousand Dollars ($20,000.00) per project and for purchases of additional or <br />replacement FF&E (“Capital Equipment”), where the cost of such expenditure is greater <br />than Five Thousand Dollars ($5,000.00) and the depreciable life of the applicable item in <br />either case is, according to generally accepted accounting principles in the U.S., in excess <br />of five (5) years. <br /> <br />Concession Revenue: All revenue accounted for through the sale of food and <br />beverage or food and beverage vendor contracts. Sponsorships, commissions and rebates <br />provided from vendors are not included as concession revenue. These items will be <br />accounted for as Commercial Rights. <br /> <br />Commercial Rights: Naming rights, pouring rights, advertising, sponsorships, the <br />branding of food and beverage products for resale and memorial gifts at or with respect to <br />the Facility. <br />Disbursement Account: A separate account in the name of Manager at a licensed <br />bank through which all Facility staff and other personnel employed by Manager (including <br />related payroll taxes), or engaged by Manager as independent contractors, and debt service <br />are paid. Generally, funds are transferred into the Disbursement Account from the depository <br />account(s) via bi-weekly requests from the General Manager to Owner. <br />Early Termination Fee: Has the meaning ascribed in Section 4.3(a). <br /> <br />Emergency Repair: The repair of a condition which, if not performed immediately, <br />creates an imminent danger of death or substantial harm to persons or property or an <br />unsafe condition at the Facility threatening imminent danger of death or substantial harm <br />persons or property. <br /> <br />Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil <br />commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion, <br />epidemic or pandemic, inability to obtain materials or supplies, accident to machinery or <br />equipment, any law, ordinance, rule, regulation, or order of any public or military authority <br />stemming from the existence of economic or energy controls, hostilities or war, a labor dispute <br />which results in a strike or work stoppage affecting the Facility or services described in this <br />Agreement, or any other cause or occurrence outside the reasonable control of the party <br />claiming an inability to perform and which by the exercise of due diligence could not be <br />reasonably prevented or overcome. <br /> <br />Existing Contracts: Service contracts, revenue generating contracts, and other <br />agreements relating to the day-to-day operation of the Facility existing as of the Effective <br />Date. <br /> <br />Facility Policy Manual: The Owner-approved policy manual provided by Manager <br />to the Owner, and updated from time to time, containing certain operating and employment <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE