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Docusign Envelope ID : 177AA06A-30B442FF-A85A-78B5A7C51 DBE
<br /> other fees payable to third parties (e . g. commissions relating to food , beverage and
<br /> merchandise concessions services and Commercial Rights sales ) , (xxv) cost of complying
<br /> with any Laws , (xxvi ) costs incurred by Manager to settle or defend any claims asserted
<br /> against Manager arising out of its operations at the Facility on behalf of Owner. The term
<br /> Operating Expenses does not include legal fees and costs or litigation damages .
<br /> Operating Revenues : Any and all revenues of any kind or nature derived from
<br /> owning , operating , managing , and promoting the Facility , including , but not limited to :
<br /> license , lease , and Concession Revenue and rentals , revenues from memberships and
<br /> Facility user fees , revenues from merchandise sales , advertising and sponsorship sales
<br /> and renewals , event sponsorship revenues , equipment rentals , utility revenues , box office
<br /> revenues , ticket surcharges , ticket service fees , parking revenues , food services and
<br /> concession revenues ( however, if such revenues are collected in the first instance by and
<br /> retained by the concessionaire , only the amount of such revenues paid by the
<br /> concessionaire to the Manager shall be included as Operating Revenues ) , commissions
<br /> or other revenues from decoration and set- up , security and other subcontractors (however
<br /> if such revenues are collected in the first instance by and retained by such subcontractors ,
<br /> only the amount of such revenues paid by such contractors to the Manager shall be
<br /> included as Operating Revenues ) , miscellaneous operating revenues , revenues
<br /> generated from separate agreements with Manager Affiliates pertaining to the Facility , and
<br /> interest revenues , all as determined in accordance with generally accepted accounting
<br /> principles and recognized on a full accrual/cash basis . The parties acknowledge that
<br /> revenues from the sale of tickets for events at the Facility are not Operating Revenues , but
<br /> are instead revenues of the promoter or performer of each such event .
<br /> Operations Manual : The document developed by Manager, in consultation with
<br /> Owner , which shall contain terms regarding the management and operation of the Facility
<br /> including detailed policies and procedures to be implemented in operating the Facility,
<br /> as agreed upon by both the Owner and the Manager.
<br /> Owner: The term " Owner" shall have the meaning ascribed to such term in the
<br /> first paragraph to this Agreement and includes its successors and permitted assigns .
<br /> Regulatory Approvals : All applicable governmental or regulatory approvals ,
<br /> authorizations , consents , licenses , or permits .
<br /> Service Contracts : Agreements for services to be provided in connection with the
<br /> operation of the Facility, including without limitation agreements for consulting services ,
<br /> ticketing , web development and maintenance , computer support services , FF & E
<br /> purchasing services , engineering services , electricity , steam , gas , fuel , general
<br /> maintenance , HVAC maintenance , telephone , staffing personnel including guards , ushers
<br /> and ticket-takers , extermination , elevators , stage equipment , fire control panel and other
<br /> safety equipment , snow removal and other services which are deemed by Manager to be
<br /> either necessary or useful in operating the Facility . All such contracts shall be listed in a
<br /> Schedule of Existing Agreements .
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