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<br />. <br /> <br />for any other purpose. The Facility Fee will not be charged on complimentary tickets or tickets with a <br />face charge of$15.00 or less. Further, to the extent the Facility Fee is taxed in the future, the Manager <br />may deduct the amount from the Owner's share of revenue. <br /> <br />. <br /> <br />Section 6.2. Maintenance. Repairs. and Upkeep. The Owner shall be solely <br />responsible for the maintenance and upkeep of the Facility, at its sole cost and expense, except as such <br />costs or expenses are incurred directly because ofthe negligence or intentional misconduct the Manager, <br />its employees, or agents, or performers or their agentsor employees. Such maintenance and upkeep to be <br />performed by the Owner shall include, without limitation, snow removal, trash removal, phone lines for <br />both fire and security, utilities (other than gas used for concessions), pest extermination, janitorial, traffic <br />control, set up and tear down of folding chairs as required by Manager, lawn care and landscaping, <br />general maintenance and repairs, and the provision of consumable items used in connection with the <br />foregoing. Further, the Owner shall be responsible to insure that the Facility is in compliance with all <br />applicable laws, as they be amended from time to time, including without limitation, applicable building <br />codes and the Americans with Disabilities Act and associated regulations. The Manager shall repair at its <br />cost any damage caused by the tortious or criminal acts of its employees, agents, or performers or their <br />agents or employees at or in connection with any event at the Facility. The Owner shall appoint a <br />maintenance superintendent (the "Maintenance Superintendent") who shall be responsible for <br />overseeing maintenance and upkeep at the Facility. The Maintenance Superintendent and the Manager <br />shall cooperate with each other in accordance with the other's needs and requirements. In the event of an <br />occurrence which results in the necessity for an Emergency Repair (as defined in Section 10.2) on the <br />date of an emergency, as reasonably determined by Manager, which the Owner is obligated to make <br />hereunder, Manager may exercise self-help to resolve any such issue and the reasonable and documented <br />costs associated with the emergency will be reimbursed by Owner or offset against sums due the Owner <br />hereunder. The Owner shall resolve all disputes between the Manager and the Maintenance <br />Superintendent. <br /> <br />Section 6.3. Incentive. As described on Exhibit B, in an effort to encourage Manager <br />to maximize Facility usage, an additional amount of $1.00 (subject to increase as set forth in the next <br />sentence) shall be added to the cost of each ticket and shall be retained by Manager as an incentive (the <br />"Incentive"). The Incentive may be increased from time to time by agreement of Owner and Manager. <br /> <br />Section 6.4 Parking Fee. The Manager will add $1.00 to all paid tickets as a parking <br />fee. This fee shall be collected by the Manager and paid to the Owner according to Exhibit B. <br /> <br />ARTICLE 7 <br />TAXATION <br /> <br />The Parties acknowledge that taxes by the City are not currently assessed on the Facility Fee, <br />parking fee, or on complimentary tickets, tickets conveyed as part of marketing or signage packages, or <br />for the cost of box seats not attributable to the seats. The Parties also acknowledge that the sales tax is <br />currently assessed at 5% and that the meals tax is currently assessed at 6.5% for sales that occur at the <br />Facility, and that the admissions tax is currently assessed at 10%. The Manager, and all vendors, must <br />charge and remit taxes in accordance with all applicable laws. Ifrevenue from the above-listed untaxed <br /> <br />. <br /> <br />8 <br /> <br />