Agenda - Council - 04/23/2024 - Laserfiche WebLink

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ARTICLE FIVE OPERATING EXPENSES BORNE BY OWNER SECTION 5.1 - EXPENSES INCURRED BY OWNER: All Operating Expenses, Ownership Costs, Capital Expenditures, and all other expenses and deductions of whatever kind and nature arising out of the operation of the Facility shall be borne by Owner. SECTION 5.2 - EXPENSES INCURRED BY MANAGER ON BEHALF OF OWNER: Everything done by Manager in the performance of its obligations pursuant to this Agreement and all expenses incurred by Manager pursuant to this Agreement shall be for and on behalf of Owner, and borne by Owner, except for services referred to in Sections 6.1 and 6.2, which, except as provided therein, shall be rendered and performed by Manager at Manager's expense. SECTION 5.3 - DEBTS AND LIABILITIES TO THIRD PARTIES: All debts arising in the course of business for the Facility are and shall be the obligations of Owner, and except as otherwise provided in Section 19.1, Manager shall not be liable for any of such obligations by reason of its management, supervision, and operation of the Facility. SECTION 5.4 - BONUS POOL BASED ON PERFORMANCE: In addition to regularly scheduled compensation, Manager may design a bonus plan to motivate and reward the individual personnel employed at the Facility for achieving predetermined operating results. Personnel directly involved in the management and performance of the Facility may participate in, and be paid from, such bonus pool, and the total cost of such bonus pool will be borne by Owner and paid from the Agency Account. ARTICLE SIX EXPENSES TO BE BORNE BY MANAGER SECTION 6.1 - SUPERVISORY SERVICES OF MANAGER: The Supervisory Services of Manager's officers, agents, or employees, other than those regularly or temporarily employed at the Facility, shall be provided by Manager at its own expense and not charged to Owner. All reasonable out-of-pocket disbursements and expenses incurred by Manager directly related to the management and operation of the Facility shall be paid by Owner. SECTION 6.2-SALARIES OF MANAGER'S OFFICERS: Owner shall not be charged with the salaries or wages of any officers of Manager or any of its Affiliates, except as otherwise specifically provided in this Agreement. ARTICLE SEVEN COMPLIANCE WITH LAWS SECTION 7.1 - COMPLIANCE BY OWNER: At Owner's cost and expense, Owner will comply with and abide by all laws, rules, regulations, requirements, orders, notices, determinations, and ordinances of any federal, state, or municipal authority, including, without limitation, state, and local liquor authorities. SECTION 7.2 - RIGHT OF OWNER TO CONTEST OR POSTPONE COMPLIANCE: With respect to a violation of any item described in Section 7.1, Owner shall have the right to contest same and postpone compliance pending the determination of such contest, if so permitted by law and not detrimental to the operation of the Facility, but, in such event, Owner shall indemnify 4