RIVER VIEW GOLF COMPANY - CONCESSION 1974

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• • products during the first sixty (60) months of the term i.ereo.f, ar_d Eight Percent (8 0) of such gro~~ receipts, excluding sales tax recei?~~s, from and during the sixty-- first (61) through the one hundred twentieth (124) months of the term hereof. Said sums shall be payable to RIVER VIE6~J no Later thar: ten (10) days before the earliest date fixed by the City of Santa Ana or the Orange County Flood Control District for the payment of those sums due and owing to them and each of them, and with respect to those sums due and ocaing by CONCESSIONAIRE to RIVER VIEW alone, payment shall be made on or before the lOtri day of each month for sales and operations during the prior month. With respect to all payments of rents due and owing the City of Santa Ana and`or the Orange County Flood Control District, said payments shall be made, whether subject to dispute or not, and in the event of any dispute regarding the amounts of said sums due and owing, payment may be made under protest by RIVER VIEW on behalf of CONCESSIONAIRE, or by the protest of CONCESSIONAIRE, but C~RTCESSIONAIP.E shall take no Steps, including the refusal to make any payments, which will in any way jeopardize the relation- ship bet~,reen RIVER VIEG~7 and either the City of Santa Ana or the Orange County Flood Control District under the terms of the afore- said leases or other agreements incorporated by reference herein. The sums for rentals due and owing RIVER VIE6d alone, and only those sums, shall be off-set as provided in Paragraph 5 here- inafter as and for the reimbursement to CONCESSIONAIRE of its costs actually incurred for real property improvements, including real property fixtures. Said su~:~s as and for rentals due and owing RIVER VIEW alone may be paid by way of a credit memorandum satisfactory to RIVER VIEW, evidencing the application of said rental sums to the aforesaid improvements. -3-