14 - Laserfiche WebLink

Licensee 350 skating passes Holiday Rink for each year during the Term of this Agreement. Notwithstanding the foregoing should Licensee procure both a `Naming Rights Sponsor" as well as additional "Presenting Sponsors" for any year this Agrccmcnt is in effect, the City sponsorship package will be reduced to a cost of Thirty Thousand Dollars ($30,000) per year for any current or subsequent year(s) in which this condition is met; (5) Licensor shall make reasonable efforts to cause as many of the following as possible: Mayor, City Council members, City Manager and senior staff and others to attend the Holiday Rink's opening night of each year during the Term of this Agreement, as well as being available from time to time for other promotional activities which are mutually agreed upon by the Parties; and (6) At no cost to Licensor, and as requested by Liccnsce with appropriate advance notice, attend marketing presentations with Licensee's personnel to businesses and individuals promote the Holiday Rink specifically to include co-promotions, co- marketing and operation efforts. "the Parties acknowledge and agree that the Pleasanton Chamber of Commerce will be working closely with Licensor and Licensee in the promotion of the Holiday Rink with local business chamber members. 10. Licensee's Obli *a~ tion. As additional consideration to induce Licensor entering into this Agreement Licensee shall have the following obligations during each year of the Term of this Agreement to Licensor, as well as those obligations listed in the [3asic Information Shcct set forth on Exhibit "1 ": (a) To procure, install, operate (including payment of water consumption costs), manage and tear down the Holiday Kink within the timeframes set forth in this Agrccmcnt, all at Licensee's sole cost and expense (Licensee to cover all operating losses (if any)); (b) "ho provide all ancillary equipment necessary to operate the Holiday Rink, all at Licensees sole cost and expense, including rental skate inventory and zamboni; (c) In conjunction with and approval of Licensors City Manager, set admission prices and charges for use of the 1 Ioliday Rink; set policies for advertising and sponsorships, including naming rights for the Holiday Rink, and setting forth policies for group sales, functions and special events (See Exhibit" 2"); and (d) To provide Licensors City Manager an annual Protit and loss report summarizing the I Ioliday Rink's operations within ninety (90) days after the last date of site occupancy for that year of each year during the "term of this Agreement, commencing January 17. 2010. 1 I . Holiday Rink Nct Proceeds Rcvcnue Sharin^. After payment of all expenses of the Holiday Rink based on a pro forma budget approved by Licensor and Liccnsce in advance of each years Holiday Rink operations, and excluding expenses to be paid for by Licensor as provided in Section 9 above, all net operating proceeds (if any) will be distributed (a) first, to repay the City for actual energy costs it has incurred in operating the facility, (b) second,