arena lease and management agreement city of glendale, arizona ...

SUBSTANTIAL FINAL DRAFT 11/27/12 12:35
7.8 Collection and Allocation of Revenues.. The Arena Manager shall make commercially
reasonable efforts to collect revenues under and generated by all Licenses.
8. ARENA MANAGEMENT..
8.1 Management and Operations of the Arena Facility.. From and after the Closing Date, the
Arena Manager shall take all actions necessary for the management of the Arena Facility in accordance
with this Agreement, the Management Performance Standards, and the applicable Annual Budget, and the
Arena Manager shall perform all of the obligations described in this Agreement. Without limiting the
generality of the foregoing, the Arena Manager is authorized to and shall, in a commercially reasonable
manner, do the following:
8.1.1 Collect Operating Revenues and pay Operating Expenses in the manner required
by this Agreement;
8.1.2 Maintain and furnish, in the manner required by this Agreement, all financial
records and information required by this Agreement;
8.1.3 Employ, pay, train and supervise, as employees of the Arena Manager and not of
the City or the Team Owner, all personnel (other than fire and police personnel, which are to be provided
by and employees of the City) that are necessary for the operation of the Arena Facility; determine all
matters with regard to such personnel, including compensation, bonuses, employee benefit plans, hiring,
training and replacement; and prepare, on the Arena Manager’s behalf, and file when due, all forms,
reports and returns required by Applicable Law relating to the employment of such personnel;
8.1.4 Other than security to be provided pursuant to the terms of the Safety and
Security Agreement, provide or arrange for security and paramedics for the Arena Facility for the purpose
of maintaining public order and safety in and around the Arena Facility, including the enforcement of
safety policies and procedures and the determination of appropriate safety and security staffing levels and
patterns, the review and approval of security measures and the exclusion or ejection from the Arena
Facility of persons or items in the interest of safety or security;
8.1.5 Maintain, repair and replace all materials, tools, machinery, equipment and
supplies necessary for the maintenance and operation of the Arena Facility;
8.1.6 Operate and maintain the Arena Facility in good, clean order, condition and
repair and in compliance with (i) the Arena Maintenance Standard; (ii) all Applicable Law; (iii) all NHL
requirements in effect from time to time; and (iv) the provisions of this Agreement, and provide for, either
directly or by reimbursement, cleaning of, and trash removal for, properties in the vicinity of the Arena
Facility following Events and other activities at the Arena Facility;
Facility;
8.1.7 Coordinate and administer a preventative maintenance program for the Arena
8.1.8 Coordinate and administer a safety program for the Arena Facility;
8.1.9 Arrange for all utility and other services for the Arena (including electricity for
Hockey Events in compliance with applicable NHL requirements and sufficient to light the Arena Facility
with the degree of illumination required for color televising and broadcast of Hockey Events), and pay or
cause to be paid when due all charges for water, sewer, gas, light, heat, cooling, telephone, electricity and
other utilities and services rendered to or used in connection with the operation of the Arena Facility;
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