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5. ATTENDANCE GUARANTEE The Zoo's average annual attendance is 240,000 set forth the City of Santa Ana's Request For Proposal No. 23-040. Within ten (10) days of the end of each month during the Term, the Zoo Manager shall provide to Bean Sprouts updated daily attendance statistics reflecting the attendance members for the previous month. If, at any time during the Term, the attendance at the Zoo falls to 90% or less of 240,000 on a rolling twelve-month basis, then the City and Bean Sprouts will negotiate in good faith to reduce the payments required to be made by Bean Sprouts set forth in Section 3 hereof. If, at any time during the Term, the visitor base at the Zoo falls to 75% or less of the figures shown in the Attendance Proiections on a rolling twelve-month basis, then Bean Sprouts shall havethe right to terminate this Agreement by providing ninety (90) days' written notice of City. 6. LIQUOR LICENSE a. Application (1) As set forth in Section 3(b)(4) of this Agreement, Bean Sprouts shall obtain a type 47 ABC license ("Liquor License") for the Premises (defined below) at its sole cost. (2) City agrees to assist Bean Sprouts obtain a Liquor License. Such assistance includes, but is not limited to: i. Drafting letters to ABC explaining zoo hours of operations, including daily hours and special event hours; because there is no conditional use permit, City shall set operating hours. ii. Providing a written request as set forth in California Business & Professions Code section 23824, as it may be amended from time to time, in support of the issuance of a Liquor License for the Premises. b. Operations (1) The City will work with Bean Sprouts to develop and implement an alcohol security plan. (2) The City will work with Bean Sprouts on signage across the Zoo to indicate where alcohol is prohibited. (3) The City shall set the operating hours for Bean Sprouts. i. The Maximum Operating hours shall be 9:00 a.m. to 11:00 p.m. ii. The City will approve weekly hours within the Maximum Operating hours. Page 3 of 19 #19793v7