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Licensee 350 skating passes Holiday Rink for each year during the Term of this <br />Agreement. Notwithstanding the foregoing, should Licensee procure both a "Naming <br />Rights Sponsor" as well as additional "Presenting Sponsors" for any year this <br />Agreement is in effect, the City sponsorship package will he reduced to a cost of <br />Thirty Thousand Dollars ($30.000) per year for any current or subsequent year(s) in <br />which this condition is stet: <br />(5) Licensor shall stake reasonable efforts to cause as many of the following as possible: <br />Mayor. City Council members, City Manager and senior staff and others to attend the <br />Holiday Rink's opening night of each year during the Term of this Agreement, as <br />well as being available from time to time for other promotional activities which are <br />mutually agreed upon by the Parties; and <br />(6) At no cost to Licensor, and as requested by Licensee with appropriate advance notice, <br />attend marketing presentations with Licensee's personnel to businesses and <br />individuals promote the Holiday Rink specifically to include co- promotions, co- <br />marketing and operation efforts. The Parties acknowledge and agree that the <br />Pleasanton Chamber of Commerce will be working closely with Licensor and <br />Licensee in the promotion of the Holiday Rink with local business chamber <br />members. <br />10. Licensee's Obligation. As additional consideration to induce Licensor entering into this <br />Agreement Licensee shall have the following obligations during each year of the Term of <br />this Agreement to Licensor, as well as those obligations listed in the Basic Information Sheet <br />set forth on Exhibit "I": <br />(a) To procure, install, operate (including payment of water consumption costs), manage and <br />tear down the Holiday Rink within the timeframes set forth in this Agrccment, all at <br />Licensee's sole cost and expense (Licensee to cover all operating losses (if any)): <br />(b) To provide all ancillary equipment necessary to operate the Holiday Rink, all at <br />Licensees sole cost and expense, including rental skate inventory and zamboni: <br />(c) In conjunction with and approval of Licensor's City Manager, set admission prices and <br />charges for use of the 1loliday Rink; set policies for advertising and sponsorships. <br />including naming rights for the Holiday Rink. and setting forth policies for group sales, <br />functions and special events (See Exhibit "2"); and <br />(d) To provide Licensor's City Manager an annual Profit and loss report summarizing the <br />I <br />loliday Rink's operations within ninety (90) days after the last date of site occupancy for <br />that year of each year during the Tenn of this Agreement, commencing January 17. 2010. <br />11 Holiday Rink Net Proceeds Revenue Sharing. After payment of all expenses of the Holiday <br />Rink based on a pro forma budget approved by Licensor and Licensee in advance ot each <br />year's I lolitlay Rink operations. and excluding expenses to be paid for by Licensor as <br />provided in Section 9 above, all net operating proceeds (if any) will be distributed (a) lirst, to <br />repay the City for actual energy costs it has incurred in operating the facility. (h) second, <br />4 <br />