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200412247 j. To pay all expenses for utility services and operational expenses for the Project on a timely basis excluding property taxes and assessments which shall be paid by the Citv. k. To ensure that the Project, its administrator, supervisors and staff and all users of the Project conform to all valid statutes, laws, ordinances, regulations, rules, orders, judgments and requirements of all federal, state, local and other govern- mental authorities, now or hereafter applicable to the Project. To provide the City and Trustee an annual accounting of all receipts and expendi- tures of the Project, from whatever source derived within sixty (60) days follow- ing the close of the Fiscal year for Heartland. At the request of the City, the accounting shall include a balance sheet and a profit and loss statement prepared to government accounting standards and audited by a mutually agreeable certified public accounting firm with an office in the state of Nebraska; provided, however, that the cost of such accounting and audit shall be paid by the City. M. To negotiate and administer such licensing, catering and concession contracts and naming, pouring and signage right contracts as Heartland deems appropriate; pro- vided, however, that such contracts shall comply with the requirements of Rev. Proc. 82 -26. n. To make such alterations, additions and improvements to the Project requested by the City; provided, however, that the City shall pay for the costs of such altera- tions, additions and improvements. The management contract shall provide that Heartland may terminate the management contract upon one hundred twenty (120) days' notice to the City. The City and Heartland each expect that the Project will provide substantial social, cul- tural, recreational and economic benefits to the citizens of the City but that the Project will at best operate on a break -even basis even after receipt by Heartland of the proceeds of any appli- cable city occupation tax imposed by the City under Neb. Rev. Stat. §16-205. it is agreed between the City and Heartland that any net revenue from the operation of the Project shall belong to Heartland as its separate property under any management contract with Heartland and shall not inure to or be paid to the City under any circumstances during the term of this Agree- ment. S. TITLE TO PROJECT. Until all payments of basic rent provided for in this Agreement have been paid in full, title to the Project shall remain in Heartland or its assigns or successors, subject to the beneficial ownership of the City resulting from the installment pur- chase of the Project provided for in this Agreement. If upon termination of this Agreement all payments of basic rent due from the City have not been fully paid or provided for, Heartland shall have the right to retain ownership of the Project or any part thereof without further obliga- tion of any nature to thetity except as provided herein. 9