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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 />

(b) In the event additional Arena Manager Events exceed the number<br />

required by this Section, the City shall pay Arena Manager within 30 days after the end <strong>of</strong> the then current<br />

Fiscal Year an amount equal to $500,000 multiplied by the number <strong>of</strong> Additional Arena Manager Event<br />

Blocks.<br />

(c) In the event that the Arena Manager does not through its efforts cause 30<br />

Arena Manager Events to occur at the Arena, the Management Fee next due from the City to Arena<br />

Manager will be reduced by an amount equal to $25,000 multiplied by a number equal to the Arena<br />

Manager Events required by this section less the Arena Manager Events that actually occurred; provided<br />

however, this Section 8.3.2(c) will not be applicable to the first Fiscal Year.<br />

8.38.4 Quality St<strong>and</strong>ard..<br />

8.3.18.4.1 St<strong>and</strong>ard. In performing its obligations under this Agreement, the Arena<br />

Manager shall manage <strong>and</strong> operate the Arena Facility in a manner consistent with the Management<br />

Performance St<strong>and</strong>ards <strong>and</strong> the Arena Maintenance St<strong>and</strong>ard.<br />

8.3.28.4.2 Consultation with the Team Owner. The Arena Manager shall, in<br />

managing the Arena Facility pursuant to this Agreement, solicit the Team Owner’s input on, <strong>and</strong><br />

recommendations regarding, maintenance, repairs, safety, staffing <strong>and</strong> operation <strong>and</strong> service st<strong>and</strong>ards,<br />

<strong>and</strong> shall, consistent with this Agreement, make commercially reasonable efforts to implement such<br />

recommendations.<br />

8.3.38.4.3 Staffing for Events. The Arena Manager shall furnish trained event staff<br />

<strong>and</strong> personnel sufficient for the operation <strong>and</strong> maintenance <strong>of</strong> the Arena Facility <strong>and</strong> Arena Parking Areas<br />

for each Event (<strong>and</strong> with respect to Hockey Events, in such number <strong>and</strong> with such qualifications as the<br />

Team Owner may reasonably require consistent with NHL requirements <strong>and</strong> procedures) <strong>and</strong> other<br />

activities at the Arena Facility, including an event coordinator, security personnel, ticket takers, ushers,<br />

first aid attendants, janitors, cleaning personnel, plumbers, electricians, carpenters, maintenance crew <strong>and</strong><br />

supervisors qualified to operate the Arena Facility, which expenses shall be Operating Expenses.<br />

(a) The Arena Manager shall adopt <strong>and</strong> enforce such grooming, dressing,<br />

<strong>and</strong> identification <strong>and</strong> cleanliness st<strong>and</strong>ards for event staff <strong>and</strong> other Arena Manager employees who will<br />

have contact with guests <strong>and</strong> patrons during Events <strong>and</strong> other activities at the Arena Facility as the Team<br />

Owner may from time to time reasonably require.<br />

(b) The Arena Manager shall implement such customer service, security <strong>and</strong><br />

hospitality training for event staff as the Team Owner may from time to time reasonably require.<br />

(c) All expenses incurred by the Arena Manager in connection with the<br />

event staff shall be Operating Expenses.<br />

8.48.5 Concessions..<br />

8.4.18.5.1 Concessions Agreements. The Arena Manager has the sole <strong>and</strong><br />

exclusive right during the Term to negotiate <strong>and</strong> enter into all Concessions Agreements, <strong>and</strong> shall assume,<br />

to the extent required under the NHL Purchase Agreement, any existing Concessions Agreement entered<br />

into prior to the Closing Date to the extent permitted by such Concessions Agreement.<br />

(a) Concession Agreements shall be made upon such commercially<br />

reasonable terms <strong>and</strong> conditions as the Arena Manager deems appropriate in its reasonable discretion.<br />

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