Common use of Use by the City Clause in Contracts

Use by the City. Subject to availability, the City shall have the right to use the Facility or any part thereof rent-fee for meetings, seminars, training classes or other non- commercial uses, provided that the City shall promptly reimburse Manager, for deposit into the Operating Account, for any incremental out-of-pocket expenses incurred by Manager (such as the cost of ushers, ticket-takers, set-up and take-down personnel, security expenses and other expenses) in connection with such use. Such non-commercial use of the Facility by the City shall (i) not compete with or conflict with the dates previously booked by Manager for paying events, (ii) not consist of normally touring attractions (such as concerts and family shows), and (iii) be booked in advance upon reasonable notice to Manager pursuant to the Facilities’ approved booking policies. Upon request of the City, Manager shall provide to the City a list of available dates for City use of the Facility. To the extent that Manager has an opportunity to book a revenue-producing event on a date which is otherwise reserved for use by the City, Manager may propose alternative dates for the City’s event, and the City shall use commercially reasonable efforts to reschedule its event to allow Manager to book the revenue-producing event. For purposes of calculating Manager’s Incentive Fee, Manager shall receive a “paper” credit for an amount equal to the difference between the published Facility rate and the rate (if any) charged to the City for such use of the Facility only in the event that the Manager had a bona fide opportunity to book a revenue-producing event.

Use by the City. Subject to availability, the City shall have the right to use the Facility Facilities or any part thereof rent-fee free for meetings, seminars, training classes or other non- commercial uses, provided that the City shall promptly reimburse Manager, for deposit into the Operating Account, for any incremental out-of-pocket expenses incurred by Manager (such as the cost of ushers, ticket-takers, set-up and take-down personnel, security expenses and other expenses) in connection with such use. Such non-commercial use of the Facility Facilities by the City shall shall (i) not compete with or conflict with the dates previously booked by Manager for paying events, , (ii) not consist of normally touring attractions (such as concerts and family shows), and (iii) be booked in advance upon reasonable notice to Manager pursuant to the Facilities’ approved booking policies. Upon request of the City, Manager shall provide to the City a list of available dates for City use of the FacilityFacilities. To the extent that Manager has an opportunity to book a revenue-producing event on a date which is otherwise reserved for use by the City, Manager may propose alternative dates for the City’s event, and the City shall use commercially reasonable best efforts to reschedule its event to allow Manager to book the revenue-revenue- producing event. For purposes of calculating Manager’s Incentive Fee, Manager shall receive a “paper” credit for an amount equal to the difference between the published Facility Facilities rate and the rate (if any) charged to the City for such use of the Facility only in the event that the Manager had a bona fide opportunity to book a revenue-producing eventFacilities.