Date of Meeting: October 24,2011 Subject: General Motors Centre Communify Suite and Bowl Seat Ticket Allocation Policy

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1 Report To: Strategic Initiatives Committee Item: SIC File: F-6340 Date of Report: October 19,2011 Bob Duignan City Manager Date of Meeting: October 24,2011 Subject: General Motors Centre Communify Suite and Bowl Seat Ticket Allocation Policy PUBLIC MEETING 1.0 PURPOSE The purpose of this report is to respond to the following direction of City Council: "That the City of Oshawa General Motors Centre Community Suite and Bowl Ticket Allocation Policy be amended to include the option for the City at the discretion of the Mayor, in consultation with the City Manager, to authorize the General Motors Centre facility management company to auction off the Community Suite for specific appropriate special events generally in accordance with the terms for the Elton John Concert"; and Second, to update the General Motors Centre community Suite and Bowl Ticket Allocation Policy, based on information gathered from other municipalities, experience acquired through the implementation of the policy by Global Spectrum Facility Management (Global Spectrum) and City staff. 2.0 RECOMMENDATION That the Strategic Initiatives Committee recommend to City Council: 1. That the revised General Motors Centre (GMC) Community Suite and Bowl Seat Ticket Allocation Policy, Attachment 1 to Report SIC , dated October 19, 201 1, be approved; and 2. That the summary of organizations and individuals, Attachment 3 to Report SIC-11-31, who have been allocated use of the Community Suite andlor bowl seat tickets, for the season be received as information. 3.0 EXECUTIVE SUMMARY In February 2007, Council endorsed a policy for the use of the General Motors Centre (GMC) Community Suite and the allocation of Oshawa Generals tickets in the bowl seating area. The policy provides that the Community Suite (211) and 16 bowl seat tickets (located in section 112) be allocated in a fair and consistent manner primarily to Durham Regional charitablelincorporated non-profit organizations and for other City purposes.

2 Report to Strategic Initiatives Item: SIC Committee (Continued) -2- Meeting Date: October 24,2011 A review of the policies implemented in other municipalities revealed that charitablelnonprofit organizations receive free use of the Community Suite only for OHL games. Charitablelnon-profit organizations are not eligible to use the suite for special events. In this regard the respective municipalities indicated that the facility operator has primary use of the Community Suite for rental and business development purposes. As a result of these findings and the recent announcement that the Oshawa Power NBL team will be playing their hime games at the GMC, and as Global Spectrum has indicated that there is an increased demand for suite rentals for special events, it is recommended that the GMC Community Suite and Bowl Seat Ticket Allocation Policy be amended as set out in Section 5.2 of this report. It is further, recommended that if a significant opportunity presents itself similar to the KISS and Elton John concerts, that the Community Suite be auctioned through the GMC website with proceeds to be used towards funding a City unbudgeted significant corporate initiative or major capital project. An online auction would only be considered at the discretion of the Mayor, in consultation with the City Manager, subject to the approval of the promoting agency, when there is the potential to generate incremental revenue beyond the face-value of the suite tickets. In addition as minor housekeeping, the policy has been amended to require that registered Durham Regional charitieslincorporated non-profit organizations must indicate on the application form whether they have been allocated the Region of Durham's suite in the last 12 months. This will ensure that applicants have a fair and equitable opportunity to use the City Community Suite. Also, with the exception of suite rentals, which shall remain the responsibility of Global Spectrum, the administration of the policy has been assigned to the City of Oshawa's Corporate Communications & Marketing group. The revised GMC Community Suite and Bowl Seat Ticket Allocation Policy, complete with the associated application form are appended as Attachments 1 and 2 respectively. Also, in response to questions received at the August 15, 2011 City Council meeting, a summary of organizations and individuals who have been allocated use of the Community Suite or Oshawa Generals bowl seat tickets (as of October 19,'2011) for the 201 1/2012 season is appended as Attachment INPUT FROM OTHER SOURCES 4.1 General 9 Municipalities of Kingston, London and Windsor 9 Global Spectrum Facility Management (General Motors Centre operators) 9 Finance Services P Legal Services

3 Report to Strategic Initiatives Item: SIC Committee (Continued) -3- Meeting Date: October 24, Auditor General > The Auditor General has no comments. 5.0 ANALYSIS 5.1 Current Policy > In response to questions received at the August 15, 2011 City Council meeting, the following provides information on the current GMC Community Suite and bowl seat ticket policy and allocation process. > Specifically, with respect to the use of the Community Suite, the policy outlines that: for special event shows (e.g. family shows, concerts, ice shows, etc.) it shall be allocated to registered Durham Regional charitablelincorporated non-profit organizations and for City business development; and for Oshawa Generals home games it is to be allocated for the City Council Recognition Program, City business development, the City Employee Recognition Program and to Durham Regional charitablelincorporated non-profit organizations through the established application process. > In regard to the allocation of the 16 complimentary Oshawa Generals bowl seat tickets, the policy provides that they are to be used for the City Employee Recognition Program and for business development purposes with any surplus tickets to be distributed to registered Durham Regional charitablelincorporated non-profit organizations through the established application process. > The allocation process begins in August and continues throughout the year on an ongoing basis. > Availability of the Community Suite and bowl seat tickets is communicated to Durham Regional charitablelincorporated non-profit organizations through various mediums such as the General Motors Centre website, the City website and e-communications (Twitter, Facebook, e-newsletter), the City's corporate radio advertisements and facility hallway monitors. Also, the City proactively contacts various Durham Regional charitablelincorporated non-profit organizations to ensure maximum awareness. > Completed application forms are submitted to either Global Spectrum or the City of Oshawa's Corporate Communications & Marketing group. Applications are reviewed, by the City, to determine if eligibility requirements are met.

4 Report to Strategic Initiatives Item: SIC Committee (Continued) -4- Meeting Date: October 24, If approved, organizations are contacted by the City to establish a convenient available date and as to which of the Communitv Suite or bowl seat tickets are most a~pro~riate... for their use. The registered ~urham Regional charitablelincorporated non-profit organizations can use the suite for an auction item due to the substantial value. Typically, the bowl seat tickets for Oshawa Generals games are allocated for the use of respite care, volunteer recognition or prizes. 9 The process to allocate the Community Suite and bowl seat tickets for the season is almost complete. To date, approximately 36 registered Durham Regional charitablelincorporated non-profit organizations will benefit from the use of the Community Suite or bowl seat tickets. With respect to the allocation of the City Suite up to 11 suite dates will be used for the Council Recognition Program and four dates for business development/corporate advancement as well as for the Employee Recognition Program. In addition, approximately 50 per cent of bowl seat tickets will be used for City purposes such as the employee recognition and business development programs with the balance distributed to registered Durham Regional charitablelincorporated non-profit organizations. 9 Use of the Community Suite and bowl seat tickets is tracked in a database as outlined in Attachment 3. 9 In accordance with the policy, an updated report on the use of the Community Suite and the distribution of bowl seat tickets will be provided to Council in January The City has received positive feedback from charitieslnon-profit organizations, employees and, corporate partners who have attended the Community Suite or used the bowl seat tickets. 5.2 Community Suite and Bowl Seat Ticket Allocation Policy Proposed Amendments P A review of the policies implemented in other municipalities revealed that charitablelnon-profit organizations receive free use of the community suite only for OHL games. 9 In regard to special events, information gathered from the respective municipalities indicated that charitable organizations are not eligible to use the suite for special events and the facility operator has primary use of the Community Suite for rental and business development purposes. Typically, the facility operator would rent the suites to generate revenue. Further, feedback obtained from Global Spectrum has indicated that there is an increased demand for suites thus creating a waiting list for suite rentals. The value of the Community Suite for an Oshawa Generals game (14 suite tickets and ' rental) is $620 while an Oshawa Power NBL game (10 tickets and rental) is $450.

5 Report to Strategic Initiatives Item: SIC-? 1-31 Committee (Continued) -5- Meeting Date: October 24, In view of these findings, it is recommended that the GMC Community Suite and Bowl Seat Ticket Allocation Policy be amended to reflect: a) (i) that registered Durham Regional charitablelincorporated non-profit organizations be allocated the Community Suite only for Oshawa Generals or Oshawa Power home games through the established application process; and (ii) that in the event the Community Suite could not be assigned to a registered Durham Regional charitablelincorporated non-profit organization, the suite may be rented out by Global Spectrum to generate incremental revenue. b) that primary use of the Community Suite for special events be assigned to Global Spectrum for rental purposes, to help offset GMC operating costs or alternatively that where appropriate use of the suite be considered for City business development/corporate advancement opportunities. c) that the 16 complimentary bowl seat tickets (located in section 112) for Oshawa Generals games continue to be allocated for employee recognition and for business development purposes with any surplus tickets to be distributed to registered Durham Regional charitablelincorporated non-profit organizations through the established. application process (note: bowl seat tickets are not available for Oshawa Power games). 9 It is further recommended that if a significant opportunity presents itself similar to the KlSS and Elton John concerts, that the Community Suite be auctioned through the GMC website with proceeds to be used towards funding a City unbudgeted significant corporate initiative or major capital project. An online auction would only be considered at the discretion of the Mayor, in consultation with the City Manager, subject to the approval of the promoting agency, when there is the potential to generate incremental revenue beyond the face-value of the suite tickets. > As information, one bid was received for the KlSS online auction (winning bid $3,070) and two bids were received for the Elton John concert (winning bid $3,700). 9 It is also recommended that the policy be amended to include that registered Durham Regional charitieslincorporated non-profit organizations must indicate on the application form whether they have been allocated the Region of Durham's suite in the last 12 months. This will ensure that applicants have a fair and equitable opportunity to use the City Community Suite. Also, with the exception of suite rentals which shall remain the responsibility of Global Spectrum, administration of the policy has been assigned to the City of Oshawa's Corporate Communications & Marketing group as their responsibilities include coordinating the City Council Recognition Program, employee recognition and business development programs.

6 Report to Strategic Initiatives Item: SIC Committee (Continued) -6- Meeting Date: October 24, Accordingly, the revised GMC Community Suite and Bowl Seat Ticket Allocation Policy complete with the associated application form are appended as Attachments 1 and 2 respectively. 6.0 FINANCIAL IMPLICATIONS 9 The use of the Community Suite and bowl seat tickets are provided at no cost to the users. 9 There is potential to generate incremental revenue through the rental of the Community Suite by Global Spectrum and through online auctions with proceeds to be used towards funding a City unbudgeted significant corporate initiative or major capital project. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN 9 The revision of the General Motors Centre Community Suite and Bowl Seat Ticket Allocation Policy serves to meet the Community Strategic Plan objectives of "revitalizing our downtown", "improving communications, cooperation and community engagement", and "improving our image". corporate communications & Marketing City Ma ager Attachments

7 Attachment No. 1 For Report SIC General Motors Centre Community Suite and Bowl Seat Ticket Allocation Policy (revised October ) PURPOSE To ensure that the Community Suite (suite 21 1) and bowl seat tickets (located in section 112) provided to the City of Oshawa (City), are allocated in a fair and consistent manner. POLICY AND PROCEDURE 1.0 OVERVIEW The Policy shall apply to Oshawa Generals home games, Oshawa Power NBL home games and special events. The complimentary Community Suite and bowl seat ticket allocation shall be determined annually beginning in August, and continued on an ongoing basis. With the exception of suite rentals, which shall remain the responsibility of Global Spectrum, the administration of the policy is assigned to the City of Oshawa's Corporate Communications & Marketing group. The City of Oshawa shall communicate the availability of the Community Suite and bowl seat tickets to Durham Regional charitablelincorporated non-profit organizations through various mediums such as the General Motors Centre website, the City website and e-communications (Twitter, Facebook, e-newsletter), the City's facility hallway monitors. Also, the City shall proactively contact various Durham Regional charitablelincorporated non-profit organizations to ensure maximum awareness. Registered Durham Regional charitablelincorporated non-profit organizations (organizations who provide social services, incorporated non-profit amateur sports leagues or associations and service clubs for charitable organizations) that are selected for either the use of the Community Suite 21 1 or bowl seat tickets located in section 112, shall be notified in writing. All organizations using the City of Oshawa Community Suite or receiving bowl seat tickets must comply with Global Spectrum Facility Management's rules and regulations and all event attendees under the age of 18 must be accompanied by an adult 18 years of age or older. All organizations using the City of Oshawa Community Suite must comply with the Licence Agreement outlined on the reverse side of the application form. October 201 1

8 General Motors Centre Community Suite and Bowl Seat Ticket Allocation Policy (Continued) 2.0 OSHAWA GENERALS HOME GAME TICKET ALLOCATION 2.1 Community Suite Ticket Allocation (Suite 211) The City has the exclusive use of the Community Suite (Suite 21 1). There are 14 complimentary suite tickets for each Oshawa Generals home game (2 exhibition, 34 regular season and playoffs). Four additional suite tickets are available for purchase, if required. The allocation of the Community Suite shall be as follows: - Registered Charities/lncorporated Non-Profit Organizations - 18 games shall be allocated to registered Durham Regional charitablelincorporated non-proflt organizations who have a registration number, who operate on a not-for-profit basis and have not recelved use of the Region of Durham's suite in the last 12 months of submitting a completed Community Suite and Bowl Seat Ticket Application Form - Organ~zations may use the Community Suite for the purposes of fundraising through silent andlor live auctions - City Council Recognition Program - 11 games shall be allocated for use by Clty Council - the Mayor and each Councillor has the ability to select a date annually should they wish to recognize a community organization andlor citlzen volunteers that have contributed to the city and host the group in the suite Note: only one date per Councillor shall be assigned - City Employee Recognition Program - 4 games shall be allocated for use to recognize staff (1 game per City Department) - Business Development/Corporate Advancement - 3 games shall be allocated for use by the City to advance City business - initiatives shall be approved by the City Manager - Rentals - In the event the Community Suite could not be assigned to a registered Durham Regional charitablelincorporated non-profit organization, the suite may be rented out by Global Spectrum Facility Management to generate incremental revenue. 2.2 Bowl Seat Ticket Allocation The City receives 16 bowl seat tickets (located in section 112). The allocation of the bowl seat tickets shall be for the City Employee Recognition Program, business development1 corporate advancement and for registered Durham Regional charitieslincorporated non-profit organizations for the purpose of recognizing volunteers, prizes, respite care, etc. October 201 1

9 General Motors Centre Community Suite and Bowl Seat Ticket Allocation Policy (Continued) 3.0 OSHAWA POWER NBL HOME GAME TICKET ALLOCATION 3.1 Community Suite Ticket Allocation (Suite 211) The City has the exclusive use of the Community Suite (Suite 21 1). There are 10 complimentary suite tickets for home games (exhibition, regular season and playoffs). Eight additional suite tickets are available for purchase, if required. The allocation of the Community Suite shall be as follows: - Registered Charities/lncorporated Non-Profit Organizations - To registered Durham Regional charitablelincorporated non-profit organizations who have a registration number, who operate on a not-forprofit basis and have not received use of the Region of Durham's suite in the last 12 months of submitting a completed Community Suite and Bowl Seat Ticket Application Form - Organizations may use the Community Suite for the purposes of fundraising through silent andlor live auctions - Business Development/Corporate Advancement - for use by the City to advance Clty business as approved by the City Manager - Corporate initiatives shall be approved by the City Manager - Rentals - In the event the Community Suite could not be assigned to a registered Durham Regional charitablelincorporated non-profit organization, the suite may be rented out by Global Spectrum Facility Management to generate incremental revenue 4.0 SPECIAL EVENTS COMMUNITY SUITE ALLOCATION 4.1 Community Suite Ticket Allocation (Suite 211) The City receives 10 complimentary Community Suite tickets for special events (e.g. concerts, ice shows, etc.). If required, 8 additional suite tickets are available for purchase. On the occasion when a special event has multiple dates, the City shall receive 10 complimentary Community Suite tickets for one event date and the opportunity to purchase suite tickets for the additional event dates. Use of the Community Suite for special events shall be for: - Rentals - that primary use of the Community Suite for special events be assigned to Global Spectrum for rental purposes, to help offset GMC operating costs - October

10 General Motors Centre Community Suite and Bowl Seat Ticket Allocation Policy (Continued) - Business Development/Corporate Advancement - alternatively that where appropriate use of the Community Suite be for City business development/corporate advancement opportunities; or - that if a significant opportunity similar to the KISS and Elton John concerts, the Community Suite be auctioned online through the GMC website with proceeds to be used towards funding a City unbudgeted significant corporate initiative or major capital project. An auction would only be considered at the discretion of the Mayor, in consultation with the City Manager, subject to the approval of the promoting agency, when there is the potential to generate incremental revenue beyond the facevalue of the suite tickets. 5.0 FOOD AND BEVERAGE Users of the Community Suite shall be responsible for food and beverages. Food and beverages can be ordered prior to the event using Global Spectrum Facility Management's catering form. Items can also be ordered at the event using a credit card provided by the user. 6.0 ADMINISTRATION 6.1 Monitoring and Reporting In cooperation with Global Spectrum Facility Management, the City of Oshawa's Corporate Communication & Marketing group shall, with the exception of suite rentals which shall remain the responsibility of Global Spectrum Facility Management, administer this policy using the Community Suite and Bowl Seat Ticket Application Form (copy attached). The City of Oshawa's Corporate Communications & Marketing group shall be responsible for the coordination, tracking and monitoring of the Community Suite and bowl seat ticket allocation, with the exception of suite rentals which shall remain the responsibility of Global Spectrum Facility Management. Annually in January, Council shall receive a report on use of the Community Suite and the distribution of bowl seat tickets, with the exception of suite rentals which shall remain the responsibility of Global Spectrum Facility Management, and any issues, concerns, respecting this policy or its administration. 6.2 Community Suite and Bowl Seat Ticket Application Form Interested Durham Regional charitablelincorporated non-profit organizations shall be required to complete the Community Suite and Bowl Seat Ticket Application Form (copy attached)). Completed application forms are submitted to either Global Spectrum or the City of Oshawa's Corporate Communications & Marketing group. October 201 1

11 General Motors Centre Community Suite and Bowl Seat Ticket Allocation Policy (Continued) Beginning in August of every year and continued on an ongoing basis, applications shall be reviewed, by the City to determine if eligibility requirements are met. Registered Durham Regional charitablelincorporated non-profit organizations who have submitted an application form shall be notified regarding the status of their application. If approved, the City shall establish a convenient available date and as to which of the Community Suite or bowl seat tickets are most appropriate for their use. October 2011

12 Attachment No. 2 For Report SIC City of Oshawa Community Suite and Bowl Seat Ticket Allocation Application Form General Motors Centre, 99 Athol Street East, Oshawa, Ontario L1 H 1 J8 Please complete the following application form and send to City of Oshawa's Corporate Communications & Marketing (fax ) or gmccommunitvtickets@oshawa.ca or drop-off at the GM Centre attention Suites Manager. Incomplete application forms will not be considered. Legal Name of Organization Registered Charitable1 Incorporated Non-Profit Registration Number APPLYING FOR Check (J) Bowl Seat Tickets (section 112) There are a maximum of 16 complimentary bowl seat tickets available for any Oshawa Generals home game. Tickets are issued in multiples of 2. Requested Quantity Preferred day of week and month City of Oshawa Community Suite 21 1 Oshawa Generals there are a maximum of 14 complimentary tickets available for any Oshawa Generals home game and a maximum of 10 complimentary tickets available for any Oshawa Power NBL home game Indicate Preference Oshawa Generals Oshawa Power Preferred day of week and month Have you been awarded the use of a General Motors Centre Suite in the last 12 months from either the City of Oshawa or the Region of Durham? Yes No CONTACT INFORMATION Contact Person Phone Number Title Fax Number ORGA NlZA TlON MAILING INFORMA TlON Address P.O. Box1 Unit # City Postal Code

13 Attachment No. 2 For Report SIC-? 1-31 ORGANIZATION DESCRIPTION Describe your organization including reason for request (e.g. fundraising, volunteer recognition). Attach and number additional pages, if necessary. Individual who is responsible on event night (must be over 18 years of age) I Name Address I P.O. Box1 Unit # City Postal Code Phone Number All application forms will be reviewed to ensure compliance with the application approval process, including completeness and veracity of statements contained within the application form. Beginning in August of every year and continued on an on-going basis, applications are reviewed, by the City to determine if eligibility requirements are met. Registered Durham Regional charitablelincorporated nonprofit organizations who have submitted an application form are notified regarding the status. If approved, the City establishes a convenient available date and as to which of the Community Suite or bowl seat tickets are most appropriate for their use. All registered Durham Regional charitablelincorporated non-profit organizations using the City of Oshawa Community Suite or receiving bowl seat tickets must comply with Global Spectrum Facility Management's rules and regulations and all event attendees under the age of 18 must be accompanied by an adult 18 years of age or older. All organizations using the City of Oshawa Community Suite must comply with the Licence Agreement on the application form. Name and Title: Date:

14 Attachment No. 2 For Report SIC City of Oshawa Community Suite and Bowl Seat Ticket Licence Aqreement In the event that the organization is awarded either use of the Community Suite 21 1 or bowl seat tickets located in section 112, the organization, including all individuals attending with the organization ("attendees"), shall strictly adhere to the following terms and conditions: 1. The City shall have access to the Community Suite and bowl seat tickets at all times. The organization shall not permit the City's right to access the Community Suite andlor any seating to be impeded. 2. The organization shall abide by and comply with all applicable federal, provincial and municipal legislation, regulations and by-laws as well as Global Spectrum Facility Management's rules and regulations, including, without limitation: (a) comply forthwith with any direction given by the City respecting the use of the Community Suite andlor bowl seat tickets; (b) maintain the Community Suite or bowl seat tickets located in section 112, in good order and in a neat and tidy condition; (c) not do or suffer or permit to be done or suffered any act or thing which may impair, damage or injure the General Motors Centre (the "GMC) or any part thereof including specifically the Community Suite and bowl seat tickets ; (d) not permit any food or beverage to be brought into or prepared or consumed within the GMC, except food and beverage provided by the City and its approved suppliers at such prices and on such terms and conditions as may be fixed by the City from time to time; (e) not smoke or permit smoking within the GMC; (9 not permit conduct which interferes with or impairs the use and enjoyment of the GMC by others or which interferes with or impairs the City's operation of the GMC; (g) remain solely responsible for the actions and conduct of the organization and its attendees; (h) not permit entry to the Community Suite by any person except a personpossessing a ticket for the Community Suite for the specified event or game scheduled at the GMC; (i) not permit the filming, recording or transmitting from the Community Suite or its seats, or from the seating of any portion of any game or event at the GMC, or any description thereof, by any means including, without limitation, by radio or television broadcast; and (j) ensure that the terms of this Agreement have been communicated to and understood by each person accompanying the organization to the specified event or game. 3. The organization's rights and benefits under this Agreement are personal to the Licensee and non-transferable. The Licensee shall not permit the assignment, transfer, encumbering or sublicensing, in whole or in part, this Agreement. 4. The organization and its attendees release and shall at all times indemnify and save the City harmless from and against all claims, demands, liabilities, fines, losses, costs, damages, actions, suits or other proceedings by whomsoever made, brought, prosecuted or in any manner based upon, occasioned by or attributable to or in any way arising out of any act or omission by or on behalf of the organization and its attendees in any way related to the use of the Community Suite or bowl seat tickets located in section 112. This release and indemnification shall survive the termination of this Agreement whether by act of the parties or by operation of law. Notwithstanding the foregoing, the Licensee shall have no obligation to release the City, nor save

15 Attachment No. 2 For Report SIC it harmless from or against any claim which shall be asserted against or incurred by the City resulting from the gross negligence of the City. If the organization is defined by reference to an entity that is not an individual, each individual purporting to execute this Application Form on the organization's behalf represents and warrants that: (a) the registered Durham Regional charitablelincorporated non-profit organization's proper corporate name is as set out in the Application Form; (b) that the registered Durham Regional charitablelincorporated non-profit organization is in good standing, duly incorporated and organized under the laws of the jurisdiction in which it was incorporated; and that (c) each such individual is authorized and empowered to bind the organization to the terms of this Application Form by her or his signature. If any representation or warranty in section 5 of the Terms and Conditions of the Application Form is false, each individual who signs this Application Form, covenants and agrees to be jointly and severally liable for performance of the organization's covenants pursuant to this Application Form. If the organization defaults in the performance of any of its obligations in this Application Form, the City may terminate the organization's rights and the City's obligations in this Application Form forthwith and without notice. The organization's obligations and the City's rights under this Application Form shall survive such termination by the City. All rights and liabilities herein granted, or imposed upon the respective parties hereto, extend to and bind the successors and assigns of the City and the permitted successors and assigns of the organization, as the case may be. No rights or benefits, however, shall enure to the benefit of any assignee, sublicensee, transferee or encumbrancer of the organization unless the City has waived in writing the prohibition against any such assignment, transfer, sublicence or encumbrance. If any covenant, obligation, agreement, term or condition of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such covenant, obligation, agreement, term or condition to persons or circumstances other that those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each covenant, obligation, agreement, term and condition of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. The failure by the City to require the strict fulfillment of the organization's obligations hereunder, or to exercise any rights herein contained, shall not constitute a waiver, renunciation or surrender of those obligations or rights.

16 City of Oshawa - SEPTEMBER 2011 Event ELTON Generals Generals JOHN vs. Belleville vs Peterborough 7:30 PM 7:05 PM 6:05 PM Date Friday, 09/09/11 Wednesday, 09/14/11 Sunday, 09/18/11 Suite Tickets

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18 Citv of Oshawa - OCTOBER 2011 Event Date TERRl CLARKE Generals Generals vs. Kingston vs. Ottawa 8:00 PM 2:05 PM 7:05 PM Saturday, Monday, I Saturday, Suite Tickets Bowl Tickets

19 Generals vs. Peterborough 6:05 PM Sunday, 1Oll6lll Generals vs. Sudbury 7:05 PM Saturday, Generals vs. Saginaw 6:05 PM Sunday,

20 Selena Gomez Generals vs. Belleville 7:00 PM 7:35 PM Tuesday, Friday, Generals vs. Mississauga 6:05 PM Sunday,

21 Citv of Oshawa - NOVEMBER 2011 Event Power Generals Generals vs Moncton vs. Kitchener vs. Ottawa 7:30 PM 6:05 PM 7:05 PM Date Thursday, 11/03/11 Sunday, 11/06/11 Saturday, 11/12/11 Suite Tickets Bowl Tickets

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25 Citv of Oshawa - DECEMBER 2011 Event Generals vs. Sarnia 7:35 PM Date Friday, 12/02/11 Suite Tickets Generals vs. Peterborough 6:05 PM Sunday, 12/04/11 Alice Cooper 7:00 PM Wednesday, 12/07/11 Available w El'.;-b Bowl Tickets

26 Power Generals Generals vs London vs. Plymouth vs. Ottawa 2:00 PM 7:35 PM 6:05 PM Thursday, 12111/11 Friday, 12/16/11 Sunday, 12/18/11

27 Power Power Generals Power vs The Island vs Halifax vs Erie vs Moncton 7:30 PM 2:00 PM 7:05 PM 7:30 PM Thursday, 12/22/11 Saturday, 12/24/11 Wednesday, 12/28/11 Thursday, 12/29/11

28 Power vs Quebec 7:30 PM Friday, NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA

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30 Generals Generals Generals Power vs. Sudbury vs. Kingston vs Barrie vs Saint John 6:05 PM 7:05 PM 6:05 PM 7:30 PM Sunday, 01/15/12 Saturday, 01/21/12 Sunday, 01/22/21 Thursday 01/26/12

31 Generals Generals vs. Brampton vs.peterborough 7:05 PM 6:05 PM Saturday, 01/28/12 Sunday, 01/29/12

32 Citv of Oshawa - FEBRUARY 2012 Event Date Power Generals Power vs The Island vs. Guelph vs Moncton 7:30 PM 2:05 PM 7:30 PM Wednesday, 02/01/12 Sunday, 02/05/12 Thursday, 02/09/12 Suite Tickets Bowl Tickets 14 I N/A N/A NIA I I NlA..,,. I I..,- NIA NIA

33 Power Generals Generals Power vs Halifax vs. Kingston vs. Niagara vs St. John 7:30 PM 7:05 PM 6:05 PM 7:30 PM Friday, 02/10112 Saturday, Sunday, 02112/12 Wednesday, 02/15/12

34 Generals Generals vs. Belleville vs Barrie 7:35 PM 2:05 PM Friday, 02/17/12 Monday, 02/20/12

35 City of Oshawa - March 2012 " Event Date Suite Tickets Generals vs London 2:05 PM Sundav. 03/04/12 Generals vs Mississauga 7:05 PM Saturdav. 03/17/12 Generals vs Peterborough 6:05 PM Sundav. 03/18/12 Bowl Tickets