(iv) 1.21 Operator Indemnified Parties: This term shall have the meaning set forth in Section 9, below.
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4 (iv) The additional items set forth in Exhibit B attached hereto and made a part hereof which are identified as being the responsibility of Operator to provide and pay for. Those Operating Expenses which are not billed by Operator to a specific food service location on the Campuses shall, for purposes of Operator's reporting to College pursuant to this Contract, be allocated by Operator on a reasonaqle and consistent basis among each of retail dining outlets, catering, and any other campus Dining Services. Operating Expenses shall not include: (a) the expenses incurred solely by College in connection with the operation of the Facilities, which expenses are identified as being responsibility of College to provide and pay for set forth in Exhibit C, attached hereto and made a part hereof; (b) any costs or expenses incurred by Operator pursuant to Section 4.8 below (i.e., within the scope of the Pre-Opening and Transition Expense Budget); (c) expense of payroll computations and the disbursement of the payroll; (d) wages and Fringe Benefits of any employees of Operator ( or of any of the parents, affiliates, or subsidiaries of Operator) not assigned full time to the Facilities (provided that to the extent to which such persons are from time to time engaged in the provision of Dining Services hereunder, such wages and Fringe Benefits shall be includible in Operating Expenses in proportion to the portion of each such individual's weekly working hours spent in providing Dining Services hereunder); (e) wages and Fringe Benefits of Operator's management personnel such as district managers, area supervisors, staff specialists, home office employees and other general administrative personnel, executive and management officers; (f) home office management costs such as general office overhead, transportation of management personnel, and any other indirect management costs as related to this Contract; (g) relocation expenses of any employees; (h) training allocations ( other than actual costs of training); (i) repairs necessary as the result of the negligence of Operator, any Subcontractor, or any employee of either; G) legal expenses; and (k) all taxes except for payroll taxes Operator Indemnified Parties: This term shall have the meaning set forth in Section 9, below Permits: Collectively, all permits, licenses, including liquor licenses, approvals, authorizations, and other governmental consents required by any Legal Requirement now or hereafter in effect and applicable to the Facilities (or any portion thereof) or to the operation, management, maintenance, use, or occupancy thereof ( or any portion thereof) or to the provision by Operator of Dining Services hereunder Pre-Opening Expenses: Collectively, the expenses incurred by Operator in commencing to provide the Dining Services, in amounts not to exceed those set forth on the Pre-Opening and Transition Expense Budget Pre-Opening and Transition Expense Budget: The budget showing categories and amounts of Pre-Opening Expenses, equipment purchases, and Facilities improvements attached hereto as Exhibit D and made a part hereof, as the same may be modified and approved in accordance with the provisions of Section 4.8, below Price Index: The Consumer Price Index for all Urban Consumers (CPI-U) for the U.S. city average, "all items", published by the United States Department of Labor Bureau of Labor Statistics, or any revision thereof or substitute therefore hereafter published by that Bureau, or, if there ceases to be any such publication, any other substantially equivalent index selected by College. Any such revision, substitute, or equivalent shall be reconciled appropriately to the above Price Index Recognized Holidays: The following holidays, as well as other day(s} as may be designated by College from time to time: New Year's Day Martin Luther King, Jr.'s Birthday Presidents' Day Patriots Day Memorial Day Independence Day Labor Day Page4
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