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

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SUBSTANTIAL FINAL DRAFT 11/27/12 12:35<br />

8.1.10 Maintain or cause to be maintained all necessary licenses, permits <strong>and</strong><br />

authorizations for the Arena Manager’s <strong>management</strong> <strong>of</strong> the Arena Facility in accordance with this<br />

Agreement <strong>and</strong> Applicable Law;<br />

8.1.11 Furnish to the City the reports <strong>and</strong> other information regarding the Arena Facility<br />

<strong>and</strong> the <strong>management</strong> as required herein;<br />

8.1.12 Other than Tickets <strong>and</strong> credentials issued by the Team Owner or any promoter or<br />

sponsor <strong>of</strong> any Event or other activity at the Arena Facility, or any agent there<strong>of</strong>, issue all Tickets <strong>and</strong><br />

credentials for Events <strong>and</strong> other activities at the Arena Facility;<br />

8.1.13 Verify (<strong>and</strong> require certificates with respect thereto) that (i) each Licensee has<br />

obtained <strong>and</strong> is maintaining the insurance required by the applicable License; (ii) each concessionaire<br />

under a Concessions Agreement has obtained <strong>and</strong> is maintaining the insurance required by the applicable<br />

Concessions Agreement; (iii) the Arena Manager has obtained or caused to be obtained, <strong>and</strong> is<br />

maintaining or causing to be maintained, the insurance required to be obtained <strong>and</strong> maintained by the<br />

Arena Manager pursuant to this Agreement; (iv) the Team Owner has obtained <strong>and</strong> is maintaining the<br />

insurance required to be obtained <strong>and</strong> maintained by the Team Owner pursuant to this Agreement; <strong>and</strong> (v)<br />

with respect to each City Sponsored Event, the City has obtained the insurance, or has made adequate<br />

arrangements for self-insurance, for such Event as required by this Agreement;<br />

8.1.14 Establish <strong>and</strong> maintain bookings, calendars <strong>and</strong> schedules for Events <strong>and</strong> other<br />

activities at the Arena Facility booked or scheduled in accordance with the Scheduling Procedures, <strong>and</strong><br />

use commercially reasonable efforts to schedule <strong>and</strong> book such Events <strong>and</strong> other activities in order to<br />

utilize the Arena Facility as much as possible in accordance with this Agreement <strong>and</strong> the Scheduling<br />

Procedures; <strong>and</strong><br />

8.1.15 To the extent Home Games are cancelled or a Hockey Season is shortened or<br />

cancelled, diligently use further commercially reasonable efforts to schedule <strong>and</strong> book such Events <strong>and</strong><br />

other activities in order to utilize the Arena Facility as much as possible in accordance with this<br />

Agreement <strong>and</strong> the Scheduling Procedures.<br />

8.1.16 ManagementManage City Revenue Events <strong>and</strong> Operation <strong>of</strong><br />

Parking.Community Events in accordance with this Agreement.<br />

8.2 Management <strong>and</strong> Operation <strong>of</strong> Parking.<br />

8.2.1 Parking Rights. In consideration <strong>of</strong> the covenants by the Arena Manager in this<br />

Agreement <strong>and</strong> <strong>of</strong> the execution <strong>and</strong> delivery <strong>of</strong> the Noncompetition/Non-Relocation Agreement by the<br />

Team Owner <strong>and</strong> Arena Manager, on the Closing Date, the City will transfer to the Arena Manager all <strong>of</strong><br />

the City’s rights <strong>and</strong> obligations with respect to the Arena Parking Area, including the Arena Parking<br />

Rights. The City shall not take any action to reduce the Arena Parking Area. , <strong>and</strong> will ensure that the<br />

Arena Parking Area provides 5,500 parking spaces for each Event during the Term; provided, however,<br />

that if the Arena Manager notifies the City no less than three days prior to an Event that fewer parking<br />

spaces are required, the City shall only be required to make available such lower number <strong>of</strong> parking<br />

spaces.<br />

(a) Except as provided in Section 8.2.1(c), the Arena Manager shall take all<br />

actions necessary to provide, manage <strong>and</strong> operate, for the benefit <strong>of</strong> the Arena Facility, the Arena Parking<br />

Areas.<br />

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