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<br />I .l-".;::u'l:tO .1I :..H) r.>U i O;)VO/:t;:t .".}..... <br /> -, ~ ~UU<1' UJ,.,) <br />I beyond rhe 10AOO Guarameed Remal Hours (rhe "Off Peak Rental Rares") <br />" which shall be sufficient to produce income from such off peak rental usage <br /> arleast equal to ,hc additional operating expenses, if any, attriburable to such <br /> off peak usage. For purposes of rhis MaSON Agreemem. "Operating <br /> Expenses" shall be defined as all com of operating and maincaining ,he <br />I Faeiliry. including the fixrllles and C<luipmem required therefore, and all <br /> depasirs required ro ope,,,ing reserves, bur shall nOt include ,he com of <br /> promo,ion and coordination of special evenrs in me Faciliry spOl1.\ored or <br />I organi2ed by or On behalf of MASC. If ,he Joim Board determines rhat the <br /> Operaring Expenses arc nOt reasonably necessary to operar< rhe F..ciliry as <br /> imcnded, the J oim Hoord may objecr ro ,he proposed budget ar leasr 60 days <br /> prior co rhe beginning of a new Fiscal Year. If rhe Joint Board does not rake <br />I action to object ro rhe proposed Operaring Expenses within 60 days priot ro <br /> ,he new Fiscal Year, tht Operaring Expenses ond rhe Annual Budge! shall be <br /> deemed ro approved by ,hc Joinr Board, and rhe Guaranreed Hourly Ra,e for <br />I [he Fiscal Year shall be deemed ro be approved. In rhe evem rharlvfASC and <br /> rhe Board are unable ro agree after all parries have made rheir besr efforrs, rhe <br /> quesrion of reasonableness of d1e budget shall be submined to binding <br />I arbin>lion wirh rht Omce of Alremative Dispure Resolucion in ,he Slare <br /> Bureau of Media,ioll Services. The proposed Annual Budge<, and the <br /> Guaramccd Hourly Rare included therein. shall be in effccr as the firS! day of <br /> (he fiscal Ye:l!' in the cvcnc char a.ny arbicrarion hereunder is nor complc[cd as <br />I of the beginning of the F.scal Year. MASC members on rhe J oim Board shall <br /> be permitted to Vote on the Annual Budget as bMrd members. <br /> d. Enforcemem of Oblig",ions <br />Ie MASC is hereby delegated as the 501e parry lO this :>greemcm charged <br /> with the dury of enforcing the renral and Guaranteed Hours obligations of <br /> rhe other four parties. <br />1 In its disoharge of rhis dury, MASC in its discretion may employ any <br /> dispute resolution, mechanism5 and. [echniques jncluding ncgor:ia~io!1s, <br />I mediacion, arbicrariol1 and lirigarion. <br /> 2. Procedure <br />I Each year, prior to each rental season (as defined by the Joint Board) each <br /> parry shall norify lvfASC on such rerms and condirions as are deemed appropriate by <br /> rhe Joint Board of ,h" numbe, ofhou" of ,he parry's Guaramecd Hours for which <br /> me party 11", obrained eI,her a commitmem flOm a rhird parry to rem d,e applicable <br />I ice shee, or for which the patry has derermined to use rhe applicable ice shte, for irs <br /> own ille (herein teferred 10 as "Secured Rencal Income") ir has obtained for mar <br /> seilson. <br />I MASC willrhen eredir such hours as a preliminary reservation IOwards rhe <br /> parry's obligation l,mder IlLE.(\) above. Ar the ,ame time. each such parry may <br />I rdose in writing Guaranteed Hours for marketing by NlASC. In !iuch case. <br /> preliminary credit towards the obligarion under lILE.(1J above will be provided in <br /> me same proportion :J..S '(he hours released by that parry bears co me roral hours <br /> rde",ed by all par,i... Credit against Guaranreed HoutS shall accrue only when <br />I released hours are acrually remed and rhe applicable remal income is received by <br />f' 7 <br />I <br />