Theater Performance. T-26492.002\1086141 -13- 133\1100388.5
(i) This category of Performance Measure is assigned a Weighted Percentage of 10% and will measure both "activation" of the Theaters and overall "utilization" of the Theaters. Activation of the Theaters will be measured by the extent to which TSJ maintains or increases use of the Theaters with respect to “Performances,” and utilization of the Theaters will be measured by the extent to which the TSJ maintains or increases the use of the Theaters with respect to “Special Events” during the Fiscal Year.
(ii) In assessing activation and utilization, it is agreed that the number of Performances and Special Events will be measured against, and as a percentage of, Available Use Days (defined as calendar days during the Fiscal Year that are both available and suitable for booking of Performances and Special Events), it being understood and agreed that all calendar days are not necessarily marketable for performance of public or private events. TSJ and City shall determine the number of Available Use Days for an upcoming Fiscal Year during the budget process, and shall adjust Available Use Days during the year based on circumstances. For example, and without limitation, if a Facility is damaged due to an unforeseen event and is, as a consequence, temporarily not available for Performances and/or Special Events, then the number of Available Use Days for that Facility will be reduced by the number of days that the Facility is unavailable during the period of repair.
(iii) For purposes of measuring activation of the Theaters and satisfaction of the Theater Performance category of Performance Measures, if a Resident Arts Partner or Bay Area Non-Profit reserves the use of a Theater and subsequently cancels one or more days of reserved use within ninety (90) days prior to the scheduled event, then the number of days reserved to such use will be treated as if they were actually used.
(iv) For purposes of this Agreement, “Performances” means and includes, without limitation, scheduled dances, theatrical, sports, musical, comedy, speaker series, or other cultural performances or events that are generally available for general public attendance, whether or not tickets are issued with respect thereto. For the further purposes of this Agreement, “Special Events” means private events that are not open to the general public. “Performances” shall be weighted at 5%, representing one-half of the total theater Performance weighted measure of 10...
Theater Performance. This category of Performance Measure is assigned a Weighted Percentage of 10% and will be designed to measure both activation of the Theaters and overall utilization of the Theaters. Activation of the Theaters will be measured by the extent to which Operator maintains or increases use of the Theaters on "Performance Days," and utilization of the Theaters will be measured by the extent to which the Theaters have "Occupied Days" during the Fiscal Year. For purposes of this Agreement, "Performance Days" means all days that City and Operator mutually agree (in connection with the approval of the Annual Budget) are both available and suitable for performance of a scheduled theatrical, musical or cultural performance or event (it being understood and agreed that all days that are "available" are not necessarily marketable for performance of public ticketed events). "Performance Days" shall be weighted at 7% of the total Theater Performance weighted measure of 10%. "Occupied Days" means all days that a Theater is utilized under contract and not available for booking for other events. "Occupied Days" shall be weighted at 3% of the total Theater Performance weighted measure of 10%.
Theater Performance. This category of Incentive Fee Measure is assigned a Weighted Incentive Fee Percentage of 10%. Measuring activation of the Theaters, each will measure the subject Theater’s performance during the previous year based on both “Performance Days” and “Occupied Days.” For purposes of this Agreement, “Performance Days” means all days that City and Operator mutually agree (in connection with the approval of the Annual Budget) are both available and suitable for performance of a scheduled theatrical, musical or cultural performance or event (it being understood and agreed that all days that are “available” are not necessarily marketable for performance of public ticketed events). “Performance Days” shall be weighted at 7% of the total Theater Performance weighted measure of 10%. “Occupied Days” means all days that a Theater is utilized under contract and not available for booking for other events. “Occupied Days” shall be weighted at 3% of the total Theater Performance weighted measure of 10%
