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

such Ticket, <strong>and</strong> that admission for each such Event (including for Suites <strong>and</strong> Premium Seats) be pursuant<br />

to a Ticket;<br />

9.2.3 The Arena Manager <strong>and</strong> the City (as applicable) shall cause the retail price <strong>of</strong><br />

each Ticket for a City Sponsored Event to be stated on the face <strong>of</strong> such Ticket, <strong>and</strong> shall require that<br />

admission for each City Sponsored Event (including for Suites <strong>and</strong> Premium Seats) be pursuant to a<br />

Ticket; <strong>and</strong><br />

9.2.4 With respect to a Fee Activity that is not a Hockey Event, Team Revenue Event,<br />

City Revenue Event or City Sponsored Event, the Arena Manager shall cause each License for a Fee<br />

Activity that is not an Event shall require that the retail price <strong>of</strong> each Ticket for such Fee Activity be<br />

stated on the face <strong>of</strong> such Ticket, <strong>and</strong> that admission for each such Fee Activity (including for Suites <strong>and</strong><br />

Premium Seats) be pursuant to a Ticket.<br />

10ARENA MANAGEMENT FEE; TAXATION.. ARENA MANAGEMENT FEE;<br />

TAXATION.<br />

10.1 Management Fee.. During the Term, in consideration <strong>of</strong> the Arena Manager’s <strong>agreement</strong><br />

to perform the <strong>management</strong> <strong>and</strong> other services set forth in this Agreement, provided there is no breach by<br />

the Team Owner <strong>of</strong> the obligations under the Noncompetition/Non-Relocation Agreement or a material<br />

breach by the Arena Manager <strong>of</strong> the obligations under this Agreement, the City shall pay to the Arena<br />

Manager, by wire transfer <strong>of</strong> immediately available funds to an account specified by the Arena Manager,<br />

a Management Fee, paid in quarterly (on a three calendar month basis) installments commencing on the<br />

Closing Date <strong>and</strong> thereafter on or before each quarterly (on a three calendar month basis)<br />

anniversary <strong>of</strong> the Closing DateOctober 1 st , January 1 st , April 1 st <strong>and</strong> July 1 st during the Term:<br />

10.1.1 For the period beginning on the Closing Date <strong>and</strong> untilending on June 30, 2013,<br />

an amount equal to $11,000,000 multipled by a factor equal to the day before the second<br />

anniversarynumber <strong>of</strong> days from the Closing Date, $17 to the end <strong>of</strong> June divided by 365, which for the<br />

purposes <strong>of</strong> clarity shall be calculated as follows:<br />

$11,000,000 X ( Number <strong>of</strong> Days from Closing Date to June 30, 2013 )<br />

365<br />

10.1.2 Beginning on July 1, 2013 <strong>and</strong> ending on June 30, 2014, $14,000,000;<br />

10.1.110.1.3 Beginning on July 1, 2014 <strong>and</strong> continuing each year until June 30, 2016,<br />

$15,000,000 per year;<br />

10.1.210.1.4 Beginning on the second anniversary <strong>of</strong> the Closing Date July 1,<br />

2016 <strong>and</strong> continuing each year until the day before the fifth anniversary <strong>of</strong> the Closing Date,<br />

$20June 30, 2017, $16,000,000 per year;<br />

10.1.310.1.5 Beginning on the fifth anniversary <strong>of</strong> the Closing DateJuly 1, 2017<br />

<strong>and</strong> continuing each year until the day before the eighth anniversary <strong>of</strong> the Closing DateJune 30,<br />

2022, $18,000,000 per year;<br />

10.1.410.1.6 Beginning on the eighth anniversary <strong>of</strong> the Closing DateJuly 1, 2022<br />

<strong>and</strong> continuing each year until the day before the 12th anniversary <strong>of</strong> the Closing Date, $16June 30,<br />

2023, $17,000,000 per year;<br />

45

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