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<br />contracting parties to pre-existing agreements, assume responsibility for any and all
<br />negotiations, renewals, and extensions relating to any pre-existing agreements, and enforce
<br />any such pre-existing agreements.
<br />
<br />8. Negotiate, execute in its own name, deliver and administer any and all
<br />licenses, occupancy agreements, rental agreements, booking commitments, advertising
<br />agreements, concession agreements, supplier agreements, service contracts (including
<br />without limitation, contracts for cleaning decorating and set-up, snow removal, general
<br />maintenance and maintenance and inspection of all systems, elevators, equipment, fire
<br />control panel and other safety equipment, staffing and personnel needs, and other services
<br />which are necessary or appropriate) and all other contracts and agreements in connection
<br />with the management, promotion and operation of the Facility, provided that if any such
<br />license, agreement, commitment, or contract other than those involving the license, lease, or
<br />rental of the Facility in the ordinary course has a term that extends beyond the remaining
<br />Term, such license, agreement, commitment or contract shall be approved and executed by
<br />the Owner, (which approval shall not be unreasonably withheld) provided however, that in the
<br />event that Manager desires to propose additional services by Manager, Manager shall
<br />present all such proposals to the Owner for its approval.
<br />
<br />9. To the extent Operating Revenues or funds supplied by the Owner are made
<br />available therefor, maintain the Facility, provided that the Owner shall be responsible for
<br />undertaking all Capital Improvements and Capital Equipment purchases as provided herein.
<br />
<br />10. To the extent Operating Revenues or funds supplied by the Owner are made
<br />available therefor, rent, lease, or purchase all equipment and maintenance supplies
<br />necessary or appropriate for the operating and maintenance of the Facility, provided that the
<br />Owner shall be responsible for undertaking all Capital Improvements and Capital Equipment
<br />purchases as provided herein and Regulatory Approvals related thereto.
<br />
<br />11. Establish and adjust membership fees and user fees consistent with the
<br />Facility Policy Manual, prices, rates, and rate schedules for the aforesaid licenses,
<br />agreements, and contracts and any other commitments relating to the Facility to be
<br />negotiated by Manager in the course of its management, operation, and promotion of the
<br />Facility. In determining such fees, prices, and rate schedules, Manager shall evaluate
<br />comparable charges for similar goods and services at similar and competing facilities and
<br />shall consult with the Owner about any adjustments to the fees, prices, and rate schedules at
<br />the Facility to be made by Manager. Manager shall ensure membership and user fees for
<br />Owner’s employees remain discounted at similar rates and percentages has have been
<br />historically maintained at the Facility. Such discounts shall be reflected and further described
<br />in the Facility Policy Manual.
<br />
<br />12. To the extent that Operating Revenues or funds supplied by the Owner are
<br />made available therefor, pay, when due, all Operating Expenses from accounts established
<br />as provided herein.
<br />
<br />13. After consultation with the Owner, institute or defend, at reasonable expense
<br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE
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