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<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 />
<br />FF&E: Furniture, fixtures, and equipment to be procured for use at the Facility.
<br />
<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 />
<br />General Manager: The employee of Manager acting as the full-time on-site general
<br />manager of the Facility.
<br />
<br />Laws: Means all applicable laws, statutes, rules, regulations, and ordinances.
<br />
<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 />
<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 />
<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 />
<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 />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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