Orange County NC Website
Browse       Search
Docusign Envelope ID : 177AA06A-30B442FF-A85A-78B5A7C51 DBE <br /> Taxes : Any and all governmental assessments , franchise fees , excises , license and <br /> permit fees , levies , charges , and taxes , of every kind and nature whatsoever, which at any <br /> time during the Term may be assessed , levied , or imposed on , or that become due and <br /> payable out of or in respect of, ( i ) activities conducted on behalf of the Owner at the Facility , <br /> including without limitation the sale of concessions , the sale of tickets , and the <br /> performance of events (such as any applicable sales and admissions taxes , use taxes , <br /> excise taxes , occupancy taxes , employment taxes , and withholding taxes ) , or ( ii ) any <br /> payments received from any holders of a leasehold interest or license in or to the Facility , <br /> from any guests , or from any others using or occupying all or any part of the Facility . <br /> Term : "Term " shall have the meaning ascribed to such term in Section 4 . 1 of <br /> this Agreement . <br /> Tournament Revenue : All revenue negotiated as part of a tournament or facility <br /> rental agreement , accounted for through a self-operated tournament , or other vendor <br /> contracts associated with the tournament . <br /> ARTICLE 2 SCOPE OF SERVICES <br /> 2 . 1 Engaaement . <br /> ( a ) Owner hereby engages Manager during the Term to act as the sole and <br /> exclusive manager and operator of the Facility , subject to and as more fully described <br /> in this Agreement , and , in connection therewith , to perform the services described herein <br /> and in Exhibits A and B attached hereto . <br /> ( b ) Manager hereby accepts such engagement , and shall perform the services <br /> described herein , subject to the limitations expressly set forth in this Agreement . <br /> 2 . 2 Limitations on Manager's Duties . Manager' s obligations under this <br /> Agreement are contingent upon and subject to the Owner making available , in a timely <br /> fashion , the funds budgeted for or as budgeted by Manager to carry out such obligations <br /> during the Term . Manager shall not be considered to be in breach or default of this <br /> Agreement and shall have no liability to the Owner or any other party if Manager does not <br /> perform any of its obligations hereunder due to failure by the Owner to timely provide such <br /> funds . <br /> ARTICLE 3 COMPENSATION <br /> 3 . 1 Management Fees . In consideration of Manager' s performance of its <br /> services hereunder, Owner shall pay Manager those payments as further set forth in <br /> Exhibit B attached hereto . <br /> ARTICLE 4 TERM , TERMINATION , SUSPENSION <br />