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bad debts. Gross Revenues also includes any part of Bean Sprouts business <br />conducted pursuant to the terms of this Agreement by any party other than Bean <br />Sprouts. All of the Gross Revenues collected in such a manner will be treated as if <br />they had been collected by Bean Sprouts directly. Each charge or sale upon <br />installment or credit shall be treated as a receipt for the full price in the month in <br />which such charge or sale is made, irrespective of the time when, or whether, Bean <br />Sprouts actually received payment. <br />d. The Premises- The concession building at the Zoo. A diagram of the location is <br />attached hereto and marked as Exhibit A. <br />2. SCOPE OF SERVICES <br />Bean Sprouts shall perform during the term of this Agreement food concession services at <br />the Zoo described below and outlined in Bean Sprouts proposal for food service at the Zoo dated <br />November 30, 2017. <br />3. LEASE PAYMENTS AND QUARTERLY LEASE GUARANTEE <br />a. In consideration for the concession rights granted by this Agreement, Bean Sprouts <br />agrees to pay the City lease payments for the Premises on a monthly basis 6% of <br />its gross revenues from concession sales at the Zoo for the previous month for the <br />first $500,000 per fiscal year and thereafter 8% of its gross revenues on a monthly <br />basis from concession sales at the Zoo for the previous month for any revenues in <br />excess of $500,000 per fiscal year. Monthly payments related to gross revenue will <br />begin on the seventh day of the month after the Go Live Date and will continue to <br />be due on the seventh day of each month until this Agreement expires or is <br />terminated. <br />b. Bean Sprouts agrees to a minimum quarterly lease guarantee of $8400 a quarter in <br />the event that Bean Sprouts gross revenues from concessions do not exceed $8400 <br />a quarter. The lease guarantee will start on the first day of the month after the Go <br />Live Date and will continue thereafter until this Agreement expires or is terminated. <br />c. In the event that Bean Sprouts is delinquent in paying any payments due under this <br />Agreement for more than thirty (30) days, City shall be entitled to collect interest <br />on those delinquent funds in the maximum amount allowed by law at the time. City <br />will also be entitled to attorney's fees expended in collecting the delinquent <br />amounts. City will also be entitled to any and all other remedies available pursuant <br />to the law. <br />4. TERM <br />This Agreement shall commence on the date first written above and continue until the date <br />which is five (5) years after the Go Live Date ,unless terminated earlier in accordance with Section <br />21, below. The City has the option to extend the term of the agreement for up to two (2) additional <br />three (3) year periods subject to approval of Bean Sprouts. The initial term, together with any <br />Page 2 of 17 <br />r <br />