Exhibit A Consession Requirements.docx

EXHIBIT A:

GENERAL CONCESSION REQUIREMENTS

1. AUTHORITY

Pursuant to IC 14-19-1-2, the State provides facilities for the use and enjoyment of the public. The responsibility of the State is to either operate or contract for the operation of the facilities so as to maximize service and benefit to the public according to approved standards. Duties set forth herein outline the granting of this Contract for the operation of the Joeseph E. Proctor Shooting Complex (“Concession”) according to those standards of maximum use, service, and benefit to the public in a manner that does not impact the State adversely in any way. This Contract grants the right to the Contractor to provide only the goods and services specified within this Contract for only the operations and areas for the Concession specified within this Contract. It is understood that the State shall make all decisions related to the management of the property where the Concession is located, including which concession operations shall or shall not be located on the property.

1. COMPLIANCE WITH REGULATIONS

The Contractor agrees to comply with all Federal and State laws relating to nondiscrimination in connection with any use, operation, program, or activity on or related to the State’s facilities.

1. DNR Regulations. The Contractor shall adhere to all DNR General Property Regulations as found in 312 IAC 8, 312 IAC 5 (if applicable), and 312 IAC 9, and successor regulations. These rules and regulations are duly promulgated pursuant to IC 4-22-2 and have the force and effect of law.

1. Licensure, Certification, and Accreditation. The Contractor and its employees and subcontractors shall comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the Contractor pursuant to this Contract. The State shall not be required to reimburse Contractor for any services performed when Contractor or its employees or subcontractors are not in compliance with such applicable standards, laws, rules or regulations. If licensure, certification or accreditation expires or is revoked, Contractor shall notify State immediately and the State, at its option, may immediately terminate this Contract.

1. STANDARDS OF ABILITY

1. Financial Competence. The Contractor assures competence and financial ability to perform the work contemplated in the Contract and agrees, upon request, to furnish the State with evidence of competency and financial ability before the granting of the Contract, and anytime during the term of this Contract.

1. Operational Supervision. The Contractor shall give the business daily, personal supervision and shall operate the business under the Contract according to law. The Contractor shall be present at the Concession at all times that it is open for business or shall be represented by a responsible person. The Contractor shall establish, maintain, and operate the Concession in such manner as to provide the prescribed services to the public according to the best standards prevailing for a similar business. State operational standards of the Concession with respect to the quality of service rendered, hours the concession is open, accepted sanitation, proper exterior building maintenance, and other operational matters as the State may designate shall be determined by IDNR Property Management.

1. STANDARDS OF RESPONSIBILITY

1. No Unnamed Partners. The Contractor assures there are no unnamed partners legally interested in or having authority over the operation or management of the concession and further assures that the Contractor is the only person responsible for carrying out the duties as written in the Contract.

1. Outside Vendors. Only with prior agreement and written approval from the State, the Contractor may periodically have an outside vendor work for a specified, limited time on the property at events identified and described in Exhibit D of the Contract, only when such events fulfill Contractor responsibilities and expand daily Concession operations beyond standard capabilities. Written approval must be granted by the State thirty (30) days in advance of the Contractor hiring the outside vendor.

1. Subcontracts. The Contractor may execute subcontracts for services as the manager of the business authorized under the terms of this Contract. The subcontracts must include provisions that absolve the State of any obligation to the subcontract, and that automatic terminates the subcontract upon the termination of this Contract. Furthermore, any and all such subcontracts must include language for automatic termination in the event that the State enters into a direct agreement of exclusivity with a specific provider. The Contractor shall indemnify, defend and exculpate the State from any liability which may accrue or be asserted against the State under all contracts or agreements.

1. CONCESSIONAIRE FEES

1. Fee Structure. The Concessionaire Fees (“Fees”) payable by the Contractor to the State for the rights and privileges conveyed in this Contract shall be as marked below. Fees may be negotiated for subsequent contract terms.

__________ A sum equal to the percentages indicated below of the gross income of the business. Payment of the Fees shall be the first charge among all operating expenses incurred and shall be received by the State on or before the eighth (8th) day of each month for the entirety of the preceding calendar month or it shall be paid at such other times for such other periods as the State may direct.

_____X_____ A flat fee of $500.00 (amount) per concession year, due and payable before the Concession operation opens for the season.

1. Gross Income. Gross income shall be the total amount of all the receipts in cash, credits, property, or interest of whatever kind received by the Contractor from all business done under the provisions of this Contract. However, gross income shall not include deferred credits, internal sales, sales tax receipts, nor other taxes which may be required to be collected from guests, nor any part of the receipts which constitute repayment by guests of monies advanced on their behalf and for their convenience by the Contractor.

1. Reporting. By the last day of the first month of a new concession year, the Contractor shall provide a gross sales and income report by revenue department for the Contractor’s previous year of operation. Contractor shall include in this report the amount collected from customers for all sales during the previous year.

1. Late Payment Interest. Rental fees due and payable to the State which are not paid in accordance with this section of the Contract shall bear and accrue interest daily until paid at the rate of 1-1/2% per month, or a flat late fee of $50.00, whichever is greater. Repeated violations of timely payment may result in the termination of this Contract by the State as defined within this Contract.

1. STATE BUILDINGS, GROUNDS, AND EQUIPMENT

The State is responsible for the general management of the property on which the Concession is located. The granting of this Contract to the Contractor for the operation of the Concession DOES NOT GRANT THE CONTRACTOR EXCLUSIVE RIGHTS TO THE ENTIRE PROPERTY where the Concession is located.

Designated Buildings and Equipment. The State has provided the below-listed buildings and items of equipment for use by the Contractor for the sole purpose of conducting the Concessions outlined within this Contract.

1 ea.-Range Building at Rifle/Pistol Range 1 ea.-Field Building at Trap/skeet Range 4 ea.-Trap houses 3 ea.-High/low skeet houses 1 ea.-High skeet house 1 ea.-Low skeet house 1 ea.-Security system 8 ea-MEC 400E Skeet Machines w/cords and control heads 2 ea.-MEC 500 Sporter ATA Trap Machines-Standard Trap w/cords and control heads 2 ea.-MEC 500 Trap Machines-Wobble Trap w/cords and control heads 20 ea.-B.R.P. Voice release units-complete (w/microphones and stands), 4ea.-Transmitters, 6ea.-recievers 4 ea. Briley coin operated boxes 3 ea.-mobile 5-stand traps 1 ea.-mobile 5-stand trap-“springing teal” 1 ea.-5-stand controls 2 ea.-PA systems- one @ rifle/pistol range and one @ trap/skeet 1 ea.-Remote wireless microphone-rifle/pistol range (audio-technica 700 Series) 8 ea.-gun rest/stand at trap/skeet range 7 ea.-gun rest/stand at rifle pistol range 30 ea.-shooting benches & stools at rifle /pistol range 54 ea.-target stands (30 rebar and 24 rebar w/wooden bases) 4 ea.-Loading tables for muzzleloaders 1 ea. Shotgun Patterning Board 1 ea.-Red Flag, American Flag & Indiana State Flag 21 ea. - Picnic Tables 3 ea.- Mobile Carts 1 ea. Portable Magnet 2 ea. Defibrillator 5 ea. Fire Extinguisher 2 ea. Trama Kit 7 ea. Glass Display Cabinets 18 ea. 55 Gallon Trash Barrels 1 ea. 12’ X 16’ Utility Shed

Concession Area. The licensed premises and assigned boundaries (“Concession Area”) – that are to be used by the Contractor for the sole purpose of conducting the Concessions operations in strict accordance with all terms and provisions imposed by this Contract – are depicted in Exhibit B of this Contract.

1. Agreement of Use. The Contractor is aware of and agrees that it shall use, occupy, and maintain the Concession Area in a business-like, careful, clean, and non-hazardous manner that conforms with all State and Federal laws, regulations, and/or requirements. Written approval by the State shall be required for other proposed use in conjunction with or in addition to those specified in this Contract. Contractor will practice all environmental and usage controls as outlined within the Contract as attached in Exhibit D and incorporated herein. Contractor further agrees that it shall permit no waste, nor suffer the same to be committed, nor injure, nor misuse the Buildings, Grounds, and Equipment owned by the State. Contractor to follow Range Standard Operating Procedures as outlined in Exhibit E.

1. Equipment. The Contractor agrees to accept equipment on an “as-is” basis. Any repairs required shall be at the sole expense of the Contractor. Any items of equipment that the Contractor does not wish to accept shall be removed by the State in a timely manner. The Contractor agrees to furnish the concession at the Contractor’s own expense with additional items of equipment as directed by the State. The State shall not be responsible for any loss of product or sales due to the malfunction of any equipment owned by the State.

1. Alteration of Buildings and Equipment. The Contractor shall not modify water supply lines, waste lines, electric lines, or other utility, machinery, or fixtures except upon written permission from the State. The Contractor shall not install, move, or alter any permanent or temporary equipment belonging to the State in or about the Concession Area.

1. Return and Disposition. The Contractor shall return State-owned buildings, supplies, and equipment to the State at the termination of this Contract in a condition equivalent to that in which they were received by the Contractor. If the State determines the need for cleaning after the Contractor returns the use of the Concession, the Contractor must reimburse the State for all costs incurred for such cleaning.

1. Option to Purchase. Upon the termination of this Contract for any reason, the State, or any person designated by the State, shall have the first option to purchase from the Contractor all on-hand supplies and equipment of the Contractor at the original cost or at their market value, whichever is less. However, the State or such designated persons are not obligated to purchase such items.

1. Lien and Inspection. To secure the payment of the Concessionaire Fees, the State is given a lien on all personal property belonging to the Contractor, which may be located on the assigned premises and used in the operation of the business conducted under the Contract. The Contractor hereby authorizes the State to file a Financial Statement, UCC-1. The State and/or any Federal parties with an interest in this Contract, at any and all reasonable times reserves the right to enter the Concession Area, without prior notification, for inspection and/or investigative reasons. This includes, but is not limited to, the State’s right to install and operate surveillance equipment in or on the premises within the Concession. Evidence obtained through personal, mechanical, electronic, or any other technological or other means may be used by the State in civil and/or criminal actions brought against the Contractor. The Contractor shall keep the Concession Area free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by Contractor during the term of this Contract or any extension or renewal thereof.

1. No Sublets. The Contractor shall not assign this Contract or any interest therein, nor let or sublet the said premises or any part thereof or any right or privilege appurtenant thereto, nor permit the occupancy or use of any part thereof by any other person. Said let or sublet shall be grounds for termination of the Contract by the State.

1. Coin-Operated Amusement Machines. The Contractor shall not permit or provide for the installation of mechanical rides, pinball machines, coin-operated amusement machines, jukeboxes, (music boxes, record players), or similar devices in or about the Concession Area.

1. Vending Equipment. The Contractor shall secure written approval from the State prior to installation within the Concession Area of any vending equipment not owned by the State. The plan of operation of vending equipment, including the percent of revenue paid to the State, shall be on a basis satisfactory to the State. Revenue shall be entered on the records in the same manner as other revenue is reported.

1. Utilities. The Contractor shall pay all utilities used in or about the Concession Area as marked below, whether billed to the Contractor by the State or billed directly to the Contractor by any utility provider.

1. Snow Removal. The Contractor is responsible for all snow removal of all parking areas, concession area roads, and all sidewalks and shooting areas.

(Atterbury staff may assist if available, during the week with parking areas and concession area road only).

1. Lawn and Landscaping. The Contractor will follow the instructions as outlined in Exhibit C for mowing and maintaining all lawn and landscaping within the boundaries of the Concession Area as shown in Exhibit B. The Contractor shall not alter vegetation or plantings without prior consultation and permission of the State. Contractor shall not make changes to the property which might result in standing water without first consulting the State.

1. Alcohol. At no time shall the Contractor or employees sell, display, store, or consume alcohol in the Concession Area or anywhere within the property where the Concession operation is located. Failure to comply with this provision may result in immediate termination of this Contract.

1. Parking. The Contractor and all employees of the Contractor shall park in areas designated by Property Management. The designated parking area may be changed by the State to facilitate construction or to protect the public or the property. The State is not responsible for damage or theft to vehicles of the Contractor or the Contractor’s employees.

1. MAINTENANCE AND SANITATION

The Contractor is responsible during the term of this Contract for routine maintenance, repair, sanitation, and cleanliness as defined herein of the identified buildings and items of equipment listed in above Section 6(A) of this Exhibit. The Contractor shall follow all standards and rules for sanitation and safety, as established by the Indiana State Board of Animal Health, the State Department of Health, and the State Fire Marshal.

1. State Responsibilities. The State shall be responsible for maintenance, repairs, and sanitation not assigned to the Contractor, including major repairs or replacement of the structure of the buildings, and the heating, air conditioning, ventilation, and other utility systems.

1. Specific Contractor Responsibilities. In addition to general expectations described herein, the Contractor is responsible for routine maintenance, repair, or replacement as associated with day-to-day usage of the following: light bulbs, toiletries, furnace air filters, water softener salt, and other consumable goods.

1. Fixtures and Furnishings. The Contractor shall maintain, keep in repair and redecorate, whenever necessary, the interior of the building(s) and shall maintain and keep in repair all fixtures, furnishings, and equipment of the State provided for use by the Contractor. The maintenance, repair, and decorating of the interior of all buildings and the maintenance and repair of plumbing, heating, lighting, and other fixtures, as associated with daily use, shall be done by the Contractor to the approval and satisfaction of the State.

1. Cleaning and Janitorial Services. The Contractor shall perform cleaning and janitorial services within the Concession Area. These services include, but are not limited to, the cleaning of all floors, windows, and fixtures, and the replacement of light bulbs.

1. Cleanliness. The Contractor shall maintain standards of cleanliness, which will reflect favorable public opinion on the Contractor and the State. The State may perform or have others perform the duties of the Contractor under this Section, if the State determines the Contractor has failed to maintain an acceptable standard of cleanliness. The Contractor shall pay the cost of such work, whether performed by the State or by others, at the discretion of the State.

1. Trash Removal. The Contractor shall collect and deposit, in approved sanitary containers for disposal by the State's representative, all garbage, waste, and debris from the building and grounds within and surrounding the Concession Area. The Contractor shall keep the Concession Area in a clean and sanitary condition and in conformity with standards and rules for sanitation and public health. Contractor agrees to either use the provided dumpster or remove trash from the property in another fashion agreed upon by the State. Perishable trash shall be removed daily.

1. Recycling. The Contractor shall make an aggressive and affirmative effort to implement the use and sale of recyclable or biodegradable items including, but not limited to, paper plates, cups, napkins, and non-toxic cleaning supplies. Trash shall be separated into types of recyclable materials: glass, paper, metal, plastic, aluminum, and disposed of appropriately. The plastic rings on 6-pack cans will each be cut before disposal to prevent small animals from getting caught in them, which causes injury or death.

1. OPERATING SCHEDULE

The Contractor shall be in full and complete operation with a full staff of employees for every business day within the term of this Contract, from the opening on the first day of the term to the closing on the last day of the term.

1. Hours and Days of Operation. The State and the Contractor shall keep the Concession open and available to patronage by the public in accordance with the following minimum hours and days of operation:

March 1 – November 30 (minimum 8 hrs./5 days week) Wednesday- Friday 10:00-6:00 EST Saturday- Sunday 10:00-6:00 EST

December 1 – February 28(29) (minimum 8 hrs./5 days week) Wednesday-Friday 11:00-5:00 EST Saturday-Sunday 11:00-5:00 EST

Hours of additional operation to the public or for private training classes in addition to these hours are allowed. One day a week must be closed to all shooting activities and be used for range maintenance.

1. Schedule Posting. The Operating Schedule of the Concession shall be posted and routinely updated in visible, open, and public locations at the Concession Area, and on the Contractor’s website (if applicable) no later than the first day of operation outlined in the term of this Contract.

1. Visitation. The State does not guarantee a specific number of visitors to the Concession during the Operating Schedule and accepts no responsibility for the lack of visitors for any reason.

1. Schedule Deviations. Any non-scheduled deviation from the operational schedule must be approved in advance and in writing by the State, unless circumstances beyond the control of either party make it necessary to take emergency action.

1. Holidays. Contractor may close on certain holidays as pre-approved in writing by the State.

Closed Thanksgiving Day and the Day after Thanksgiving Closed Christmas Eve and Christmas Day

1. Extended Hours of Operation. The Contractor may operate longer hours than indicated herein without receiving the State’s permission. However, the Contractor must not operate before or after the dates of the term of this Contract, unless specifically provided by an authorized and fully executed Amendment to the Contract.

1. Emergency Closures. In emergency situations, the Contractor must immediately report the circumstances to the State and provide a written summary to the State within 24 hours after the emergency is concluded. Closures due to weather must be approved or initiated by the State. Emergency closures must be posted immediately in visible locations at the Concession Area, on the Contractor’s website (if applicable), and on the telephone voice mail greeting for the Concession.

1. State Closures. The State shall keep the Concession open and available for use by the public in accordance with the Operating Schedule, unless the State makes written or verbal determination that funds are not appropriated or otherwise available to support the agreed upon schedule. The State shall notify the Contractor at the earliest possible convenience so that the Contractor can make any necessary changes to the operation of the Concessions.

1. Failure to Operate. If the Contractor is not in full operation for the entirety of the term of this Contract (except for causes wholly beyond the control of the Contractor and not involving neglect by the Contractor), this Contract, at the option of the State, may be terminated without notice. Upon termination, the State may re-enter the premises and obtain a new Contractor for the operation of the facilities. In addition, the State may assess liquidated damages of $50.00 per day, per facility for each day that any facility remains out of service because of non-performance by the Contractor or until a new Contractor is put in place.

1. CONCESSION MERCHANDISE

1. Quality of Merchandise. The Contractor shall exhibit good taste in offering items for sale, which will reflect positively on the State. Efforts shall also be made to provide items which reflect natural, cultural and historical aspects of the State of Indiana. The State reserves the right to remove any items during site visitations, which the State deems does not reflect a positive image on the State.

1. Pricing of Merchandise. A minimum of ten (10) days before opening the Concession, the Contractor shall submit to Property Management for approval, a listing of the prices, rates, and charges proposed for use in the operation of the Concession. Such prices shall be within the guidelines established by the Natural Resources Commission. The Contractor shall maintain on public display, a neat and legible sign showing the approved prices, rates, and charges for the sale of goods. If practicable, such prices shall be no higher than prices charged for similar merchandise in the locality in which the concession is operated so as not to preclude use by members of the general public.

1. Prohibited Merchandise. The Contractor agrees by the acceptance of this Contract not to offer for sale prohibited merchandise. Prohibited items include, but are not limited to, those listed below. The State may add items to the list upon written notification to the Licensee.

· No ice picks, hatchets, axes, machetes, or darts.

· No explosive materials.

· No alcoholic beverages, "mock tails", or controlled substances.

· No yard darts.

· No suggestive plaques with off-color sayings, or other such items.

· No targets with human or recognizable features.

· No item which can be used to inflict injury on another person or break or deface State properties. (Exceptions granted at shooting range concessions if agreed by all parties.)

· No items such as "Fanny Whackers" or "Whoopie Cushions".

· No items such as animal pelts or skins, claws, feathers or skeletons.

· No Styrofoam products shall be used or sold by the concession.

· No environmentally unfriendly paper products shall be used or sold by the concession. All paper products possible, such as toilet tissue, paper towels, etc., shall be made of recycled materials.

· No improper use, disposal, or sale of environmentally unsafe chemicals shall occur. Much care will need to be used to read labels for proper use and disposal.

1. ADVERTISING

The Contractor is required to conduct a balanced advertising effort directed at developing more business under the provisions of the Contract.

1. Advertising Plan. All contracts, scripts, texts, and layouts must be submitted to the State for written approval at least sixty (60) days prior to execution or implementation, or no later than March 1st of each concession year. The Contractor agrees not to advertise in any manner or form, on or about the Concession Area, premises, buildings, or elsewhere, or in any newspaper or otherwise, except by means of signs or forms of advertising approved by the State. The Contractor shall not employ or use any person known as "hawkers", "spielers", "criers", or other noisemakers or means of attracting attention to the Contractor’s business.

1. Website Advertising. The Contractor shall update its website with information regarding upcoming Concession events at least thirty (30) days prior to the event.

1. CONCESSION EMPLOYMENT

The Contractor shall employ such persons as may be proper to operate the business in accordance with state and federal labor laws. The Contractor is not an employee of the State of Indiana. This Contract does not vest in the Contractor, or anyone employed by the Contractor, any title, tenure or any property belonging to the State located on or around the Concession Area.

1. Employee Training. To promote the facilities of the Department of Natural Resources and to provide quality service to the public, employees of the Contractor must receive thorough training. Concession operators and their employees must attend seasonal training programs on those properties, which have them. Training programs shall acquaint personnel with information about the property and information to disseminate to the general public.

1. Employment Records. Personnel records shall be located at the Concession or at another location as approved by the State. Records shall be open to State inspection at any time during the term of this Contract and for a period of one (1) year after the termination date of this Contract.

1. Moral Conduct. The Contractor shall prohibit any behavior that violates any federal, state, or local laws, regulations, and ordinances or that fails to conform to a reasonable standard of good conduct. As this Concession is located on property owned or managed by the State of Indiana, and because there is a high recognition and correlation between the services provided and the State, the State has a supreme interest in the quality of service provided and the appropriateness of behavior by Concession employees occurring on and off the premises. As such, the Contractor shall operate the Concession in a business-like manner, maintaining a high standard of conduct by the Contractor and its employees, volunteers, and agents. Furthermore, any act of misconduct by the Contractor or its employees, volunteers, or agents, are prohibited, including but not limited to dishonesty, theft, misappropriation or abuse of State property, moral turpitude, or any act that neglects, injures, abuses, or endangers others, or any act that is prejudicial to or reflects adversely upon the State.

1. Appearance. Employees of the Contractor coming in contact with the public shall be neat and clean. Employees shall be identifiable by the public. The State shall approve uniforms.

1. Background Checks. The Contractor shall be responsible for conducting background checks of personnel employed in Contractor’s operation. The Contractor shall not use or employ persons in Contractor’s operation who have a history of anti-social behavior regardless of where such person’s anti-social behavior may have occurred.

1. Corrective Action. Failure by the Contractor to take action to either correct or stop such behavior or misconduct may be considered a material breach of this Contract; and may be grounds for immediate termination in addition to other remedies available to the State. The Contractor shall immediately report any allegation or act of misconduct to the State. In the event of an allegation of misconduct against either the Contractor or its employees, volunteers, or agents, the person or persons who are the subject of the allegation shall be removed immediately from the Concession Area and IDNR property pending resolution of the matter. The Contractor shall cooperate with the State in implementing resolutions to the matter.

1. VIOLATIONS AND TERMINATION OF CONTRACT

This Contract has been established to provide services and/or goods to the general public and citizens of Indiana. Any failure to comply with all provisions of this Contract delays the administration of the Contract and risks losing the provided goods or services, depriving the State of revenue and diminishing the State’s good customer service reputation.

1. Notice of Violation. The Contractor will be provided with a "Notice of Violation" stating which provision has been violated and a date by which the stated violation must be corrected. If the violation has not been corrected by the date specified, the Contractor agrees to pay the State liquidated damages in the sum of $50.00.

1. Damages. If the violation has still not been corrected after a period of seven (7) days after the specified date, the Contractor agrees to pay an additional $100.00 in liquidated damages. An additional $100.00 fine shall be imposed for each additional 7-day period of time until the violation has been corrected. The State reserves the right to waive damages.

1. Termination due to Violations. Continued failure to correct violations and comply with the provisions of this Contract may result in immediate termination of the Contract as described herein. Immediate termination of this Contract may occur due to situations that include, but are not limited to, discourteousness to the public, insurance cancellation, surety bond cancellation, alcohol abuse, and other circumstances which could cause harm to the public or the State, or reflect adversely on the State. The decision of the State is final.

CONTRACT MODIFICATION AND TERMINATION

This Contract contains all the terms and conditions between the parties, and no alteration, amendment, or addition shall be valid unless in writing and signed by all concerned parties.

M. Conflict of Interest

1. The individual executing this Contract;

1. An individual who has an interest of three percent (3%) or more of Contractor, if Contractor is not an individual; or

1. Any member of the immediate family of an individual specified under subdivision 1 or 2.

B. The Department may cancel this Contract without recourse by Contractor if any interested party is an employee of the State of Indiana.

C. The Department will not exercise its right of cancellation under Section B above if Contractor gives the Department an opinion by the Commission indicating that the existence of this Contract and the employment by the State of Indiana of the interested party does not violate any statute or code relating to ethical conduct of state employees. The Department may take action, including cancellation of this Contract consistent with an opinion of the Commission obtained under this section.

D. Contractor has an affirmative obligation under this Contract to disclose to the Department when an interested party is or becomes an employee of the State of Indiana. The obligation under this section extends only to those facts, which Contractor knows or reasonably could know.

N. Termination

1. If this Contract is terminated before completion of the term of the Agreement, the Contractor shall vacate the Concession Area within seven (7) days of termination unless a lesser period of time is provided by court order. Contractor and/or his agents shall remove no personal property on which the State is given a lien from the Concession Area unless otherwise directed by court order, until all fees outlined in this Contract and other sums owed to the State have been paid.

2. If an Act of God renders this Contract inoperable for more than sixty (60) days, this Contract shall automatically terminate as of the date of that Act. The State shall receive its fees outlined in this Contract on all income to the date of termination, or to the date of sixty (60) days after termination, whichever income is greater, as if the term of the Agreement were then completed.

3. If the Contractor fails to make timely cure of repeated violations, the Director may terminate this Contract upon written notice of such termination by certified mail, or this notification may be delivered in person. The State shall receive fees outlined in this Contract on all income to the date of termination as if the term of the Agreement were then completed. The Contractor shall further pay to the State, as liquidated damages for breach of performance and for future performance, the sum of $1,000.00. This sum, plus any fees outlined in this Contract shall be paid to the State within fifteen (15) days of such termination.

4. If the Contractor terminates this Contract, the provisions relating to disbursement of income and to liquidated damages in Section N(3) shall apply. If, however, the Contractor gives written notice, by certified mail, to the State at least 30 days prior to the date of termination, the amount of liquidated damages shall be $500.00. This fee, and all fees outlined in this Contract shall be paid at the time of termination.

5. If the Contractor dies or becomes incapacitated, this Contract may be deemed terminated by the State and the provisions relating to the disbursement of income in Section N(1) shall apply, or, at its discretion, the State may authorize the estate, guardian, or conservator of the Contractor to operate the facilities under the terms of this Contract until completion of the term of the Agreement.

6. The State may, in cases where continued operation by the Contractor may result in significant or irreparable harm to the State and/or the public, terminate this Contract immediately. Examples include, but are not limited to, non-payment of fees, discourteousness to the public, insurance cancellation, bond cancellation, alcohol abuse, and other circumstances which could cause harm to the public or the State or reflect adversely on the State. All fees payable to the State shall be paid within 15 days of such termination along with a liquidated damages sum of $1,000.00 for breach of performance.

If the State finds it necessary to pursue legal action to recover monies owed by Contractor, Contractor shall also pay all court costs, attorney's fees, and other costs incurred as a result thereof.