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that any concessions items offered by the 3`d party vendor will not duplicate <br />or conflict with concessions items sold by the concessions stand in the facility. <br />The USER is responsible to ensure that all local, state, and federal regulations <br />and rules pertaining to food and alcohol sales and service, are strictly adhered <br />to. Full and proper licensure of the vendor is the responsibility of the USER. <br />C. If USER contracts with a 3`d party vendor to provide concession and food <br />services, that vendor shall pay to PROVIDER 6.5% of the USER/vendor's <br />Net revenue generated through concession and food services and liquor sales, <br />(beer and wine), sales. Net revenues shall be defined as the USER/vendor's <br />gross sales less sales taxes, refunds, rebates, credits or returns. <br />d. All ancillary use of the facilities must be scheduled with PROVIDER in <br />advance and are subject to availability. PROVIDER has discretion to assign <br />use of rooms or to modify room assignments to accommodate other priority <br />or paid users. USER agrees to keep the facilities in a clean and orderly <br />condition and in at least as good a condition as existed prior to USER's <br />ancillary use. USER agrees to pay for the actual costs of cleanup as determined <br />by PROVIDER if the PROVIDER determines the ancillary use required <br />additional cleaning service. <br />10. PAYMENTS: PROVIDER shall bill USER on a monthly basis by submitting an <br />itemized list of hourly practice, game ice, and room usage to the USER. Upon proper <br />billing and documentation, USER will promptly pay PROVIDER any required <br />deposits and an amount equal to the number of hours of practice and game ice usage <br />at the rate agreed to. <br />11. CANCELLATIONS: PROVIDER may cancel this Agreement for any material <br />default by the USER in terms of this Agreement. PROVIDER may also reschedule <br />the dates or times of the scheduled ice usage upon five days written notice to the <br />USER. PROVIDER shall not be held responsible for the cancellation of ice time for <br />reasons beyond the reasonable control of PROVIDER, its agents, or employees, such <br />as but not limited to equipment failure, loss of power, severe weather or acts beyond <br />PROVIDER'S control. In the event of such an occurrence, PROVIDER will attempt <br />to reschedule USER'S ice times or USER may cancel and promptly receive a return of <br />any fees paid. <br />12. ASSIGNMENT: if scheduled ice time cannot be used by the USER, they shall <br />promptly notify the PROVIDER in writing within 14 days and the PROVIDER will <br />attempt to reassign that time to another group. If the time cannot be assigned to <br />another group, the USER will pay the charged fees for their scheduled time. <br />4 <br />