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200905599 Nebraska State Fair start earlier than July 26 or end latex than Labor Day. Lessee shall conduct its business on the Leased Premises in compliance with all applicable federal, state, or municipal statutes, regulations, or ordinances. Lessee agrees that it shall use its best efforts to hold the Nebraska State Faix an the Leased Premises in each yeax during the term of the Lease. If Lessee fails to hold the Nebraska State Fair undex the terms of this Lease on the Leased Premises for moxe than thxee (3) consecutive years, this Lease may be cancelled by Fanner, Event Center or the City at theix respective separate determinations. Subject to the terms of this Agreement, Lessee shall be permitted to sell alcoholic beverages far on-premises consumption on the Leased Premises during the Nebraska State Fair. Lessee shall be responsible for securing all applicable permits and licenses for such on-premises liquor sales for all venues other than the Heartland Event Center. b. Revenue. Lessee shall be entitled to all revenue generated during the operation of the Nebraska State Fair an the Leased Premises ,but specifically excluding: (i) revenue payable pursuant to the Permitted Encumbrances, which shall be retained by the Event Center and/or Former, as applicable, (ii) all net profit from concessions (including alcohol sales) at the Heartland Event Center during the operation of the Nebraska State Fair, other than pursuant to the Permitted Encumbrances, which shall be divided equally between Lessee and the Event Center, (iii) any revenue generated by the operation of the Former Park Keno Casino & Finish Line Restaurant and the operation of keno, gaming and simulcasting in the beer garden operated by Lessee at the south end of the concourse on the first level of the Former Park grandstand, which shall be retained by Former (all other revenue generated by the operation of the beer garden, including concessions and alcohol sales shall be retained by Lessee), (iv) all remaining racing, simulcasting and gaming revenue, which shall be retained by Former. Event Center staff shall operate the concession stands and ticket sales for any events held at the Event Center during the Nebraska State Fair. Lessee sha11(i) reimburse the Event Center for one-half (%Z) of the actual casts incurred by the Event Center for the operation of the concession stands (i.e. employee wages and inventory) (ii) shall reimburse Event Center for the actual costs incurred by the Event Center far ticket sales (i.e. employee wages). and (iii) shall reimburse Former and/or the Event Center far all maintenance expense attributable to the operation of the Nebraska State Fair incurred during Lessee's Possession Dates. Former and Event Center will provide additional services and staffing for Lessee upon such terms as may be agreed by Former, Event Center and Lessee. Event Center shall also receive a user fee of $2.00 per ticket sold far each event at the Event Centex, specifically excluding gate admission or tickets sold for events at other venues an the Leased Fremises. In the event that Lessee consents to any use of the Leased Premises by a Lessor during the Lessee's Possession Dates, all revenue generated by such use shall be retained by said Lessor. In no event shall any revenue generated by Lessee's use of the Leased Premises during Lessee's Fossession Dates be payable to the City as long as the City Property is subject to financing by Wells Fargo. -6-