2005 Resolutions - Laserfiche WebLink

Home Browse Search

. EXHIBIT A MANAGER'S DUTIES Manager shall have the following duties: 1. Except for those matters which are the responsibility of Owner pursuant to this Agreement, manage all aspects of the operation of the Facility in accordance with the terms of this Agreement, including without limitation, purchasing, payroll, box office, admission procedures and general use services. 2. Except for those matters which are the responsibility of Owner pursuant to this Agreement, procure, negotiate, administer and insure compliance with service contracts with respect to the Facility, including without limitation, contracts for ticketing, web development, computer support services and other services which are deemed by Manager to be either necessary or useful in operating the Facility. All such contracts shall upon the termination or expiration ofthe Agreement be assigned to and accepted by the Owner, who shall assume responsibility at such time for fulfilling all remaining obligations under such contracts. Notwithstanding the foregoing, all such contracts which extend beyond the end of the then current term of this Agreement shall provide that the Owner may terminate them at the end of such term at no cost. . 3. Except for those matters which are the responsibility of Owner pursuant to this Agreement, procure, negotiate, execute and administer and insure such compliance with vendor, concession and merchandising agreements, user/rental agreements, booking commitments, licenses, and all other contracts or agreements required in the ordinary course of business in operating the Facility. The Owner acknowledges and agrees that Manager may enter into any such contract (including without limitation a contract for food and beverage concessions or to sell advertising on behalf of the Facility) with an affiliate of Manager, provided that such contract is on commercially competitive terms. Except for bookings of events and facility rentals that are not Protected Events (as defined above), all such contracts shall upon the termination or expiration of the Agreement be assigned to and accepted by the Owner who shall assume responsibility at such time for fulfilling all remaining obligations under such contracts. Notwithstanding the foregoing, all such contracts which extend beyond the end of the then current term of this Agreement shall provide that the Owner may terminate them at the end of such term. 4. To use all commercially reasonable efforts to obtain naming rights agreements and corporate sponsorships. The Owner shall have the right to approve all naming rights agreements. 5. Arrange for and book events at the Facility in accordance with a booking schedule developed by Manager. The Owner will hold no more than twelve (12) events in anyone (1) Operating Year without the Manager's approval. Further, the Manager agrees, subject to force majeure events and Casualties and Condemnations and except as provided below, to hold no fewer than twenty-five (25) events at the Facility per Operating Year. Notwithstanding the foregoing, Manager shall not be in breach hereof for its failure to hold such number of events provided that Manager uses its reasonable efforts, consistent with standard industry practice, to maintain, on average, a number of events presented at the . 20