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Docusign Envelope ID : 177AA06A-30B442FF-A85A-7865A7C51 DBE <br /> Owner, with Manager having signature authority in such employees of Manager as Manager <br /> shall reasonably determine provided such employees are properly bonded as specified <br /> herein . All revenues collected by Manager from the operation of or in any way related to the <br /> Facility shall be deposited into such accounts and Operating Expenses shall be paid by <br /> Manager from such accounts . All revenues collected by Manager arising from , related to or <br /> payable in connection with the Facility , including but not limited to revenues from <br /> membership fees , user fees , box office sales , facility or equipment rentals , utility rental <br /> agreements , food and beverage concessions , naming or pouring rights , licensing <br /> agreements , sales , marketing , leasing or other commissions , or any other source , are the <br /> sole property of the Owner, held in trust by Manager for the Owner for application as <br /> provided herein . Any amounts remaining in such accounts upon termination or expiration of <br /> this Agreement for any reason , after payment of all outstanding Operating Expenses , shall <br /> be the sole property of the Owner and shall be promptly paid by Manager to the Owner. <br /> 8 . 8 Ticket Sales Revenues . Manager shall hold in a separate interest- bearing <br /> account in a banking institution depository designated by the Owner any ticket sale <br /> revenues which it receives with respect to an event to be held at the Facility pending the <br /> completion of the event . Such monies are to be held for the protection of ticket purchasers , <br /> the Owner, and Manager, and to provide a source of funds as required for such payments <br /> to performers and promoters and for such payments of Operating Expenses in connection <br /> with the presentation of events as may be required to be paid contemporaneously with the <br /> event . Following the satisfactory completion of the events , Manager shall deposit such ticket <br /> sales revenues into the Operating Account(s ) , established herein , and shall pay from the <br /> Operating Account all event expenses and provide the Owner with a full event settlement <br /> report along with , upon request of the Owner , copies of paid receipts from all vendors , <br /> promoters , performers , and other payees of any portion of the ticket sale revenues , and/or <br /> other details of such payments . Interest which accrues on amounts deposited in the <br /> Operating Account (s ) referred to herein and the ticket account referred to above shall be <br /> considered Operating Revenues . Bank service charges , if any , on such account(s ) shall be <br /> considered Operating Expenses . To the extent that Manager collects such ticket sale <br /> revenue on behalf of such promoter or performer, such ticket sale revenue shall be the <br /> source of funds from which Manager collects the rental charges and other event <br /> reimbursements due by such promoter or performer for use of the Facility , which charges <br /> and reimbursements are Operating Revenues hereunder . <br /> 8 . 9 Capital Improvements ; Capital Equipment . The obligation to pay for, and <br /> authority to perform , direct , and supervise Capital Improvements and Capital Equipment <br /> purchases shall remain with the Owner . The annual plan submitted by Manager shall <br /> include Manager' s recommendation for Capital Improvements and Capital Equipment <br /> purchases to be accomplished during the Fiscal Year and shall be accompanied by an <br /> estimate of the cost of all such items and projects and a request that the Owner budget <br /> funds therefor . The Owner shall retain the sole discretion to determine whether and to what <br /> level to fund Capital Improvements and Capital Equipment purchases to the Facility . Upon <br /> the satisfaction of the foregoing Operating Expenses , the Owner may direct surplus <br /> Operating Expenses toward the costs of Capital Improvements and Capital Equipment , <br /> Facility debt service , and indirect and overhead costs of administrative services provided by <br /> the Owner. <br /> 8 . 10 Funding of Facility . The parties agree the Manager shall not be considered <br /> to have a funding obligation to fund the operation of the Facility in the event that the Owner <br />