Except as provided herein, the Stadium Authority will be entitled to and will receive all "Stadium Operating Revenue," which means, for each year during the term of the Stadium Lease, all revenue from operation of the Stadium, excluding Team Revenue and any revenue from Civic Events. Stadium Operating Revenue will include, without limitation, the following:
Section 10.1 Ticket Surcharges. NFL Ticket Surcharge proceeds not needed to pay debt service or other costs of the NFL Ticket Surcharge financing, including releases from any NFL Ticket Surcharge bond reserves, if any. Non-NFL Ticket Surcharges will be included in Stadium Operating Revenue when and to the extent provided in Section 13.5 below.
Section 10.2 City of Santa Clara Senior and Youth Program Fee. The annual proceeds from the City of Santa Clara Senior and Youth Program Fee, to the extent such proceeds exceed Two Hundred Fifty Thousand Dollars ($250,000) per year.
Section 10.3 Naming Rights Revenue. Naming Rights Revenue not needed to pay debt service or other costs of the Naming Rights Revenue financing, including releases from any Naming Rights Revenue bond reserves, if any. The Stadium Authority is entitled to and will continue to receive all Naming Rights Revenue even after any financing secured by Naming Right Revenues is repaid. The Parties acknowledge that the naming rights sponsor may also enter into a separate sponsorship contract with the Team or a Second Team, and revenue under such separate sponsorship contract will be Team Revenue, which, as provided herein, is excluded from Stadium Operating Revenue. Further, Naming Rights Revenue will not include revenue from rights to name or sponsor components of the Stadium, or from advertising or promotional activities, all of which are included in Team Revenue.
Section 10.4 SBLs Revenue. All net revenues from the sale or transfer of SBLs, except to the extent used to pay initial development costs of the Stadium.
Section 10.5 Additional CFD Amounts. All proceeds of Mello-Roos special taxes and any other funds generated by the CFD in excess of debt service on, and all such funds following the full repayment of, the Mello Roos Bonds and the 49ers CFD Advance.
Section 10.6 Facility Rent. The Facility Rent payable by 49ers Stadium Company in the amount of Five Million Dollars ($5,000,000).
Section 10.7 Parking Revenue. Except as otherwise agreed by the Stadium Authority and 49ers Stadium Company , all net revenues from the operation of surface lots or in parking structures owned or controlled by the Stadium Authority, and revenue sharing or parking surcharge revenues generated from contracts with private parking lots in the vicinity of the Stadium, provided, however, that a certain amount of parking in designated areas agreed upon by 49ers Stadium Company and the Stadium Authority will be made available at no charge for 49ers Stadium Company use. Pricing of parking for NFL Events will be subject to the approval of 49ers Stadium Company and the Stadium Authority.
Section 10.8 Concession Revenue. Except as otherwise agreed by the Stadium Authority and 49ers Stadium Company, all net revenues from concessionaires authorized by the Stadium Authority to engage in the sale of food, beverages and other goods in the Stadium or on parking lots or structures owned or controlled by the Stadium Authority ("Concession Revenue"), provided, however, that Concession Revenue does not include any of the following, which will constitute Team Revenue: (i) revenues from retail activities associated with the retail store(s) in the Stadium designated as a "Team Store," (ii) Team Service Revenue (defined below); or (iii) NFL Advertising and Sponsorship Revenue (defined below).
Section 10.9 Third-Party Rent. Except as otherwise agreed by the Stadium Authority and 49ers Stadium Company, the Stadium Authority will receive all net rent from the lease of other leasable space in the Stadium, but excluding any and all space occupied or controlled by 49ers Stadium Company or the Team, including, without limitation, the suites and the Team's locker rooms, offices, Team Store and other areas to be specified in the Stadium Lease for the exclusive use of 49ers Stadium Company. Any such leases to third parties of other leasable space in the Stadium will be subject to the reasonable approval of 49ers Stadium Company, including to assure consistency with the terms of the Sponsor Contracts.
Section 10.10 Revenue from Non-NFL Events. Net revenue received from the promoter or other sponsor of any Non-NFL Event for the right to occupy the Stadium for such Non-NFL Event, including ticket sales to Non-NFL Events sponsored by the Stadium Authority; provided, however, that 49ers Stadium Company will have the exclusive right to market and to authorize the right to occupy suites and similar specified facilities for Non-NFL Events upon purchase of admissions tickets for such Non-NFL Events, and the premium charged, if any, by 49ers Stadium Company to occupy such suites or similar facilities for Non-NFL Events will constitute Team Revenue.
Section 10.11 Non-NFL Event Advertising Revenue. Net revenue received from transient electronic advertising on designated areas of the Stadium scoreboards that is purchased exclusively for and displayed exclusively during Non-NFL Events as well as promotional events and activities occurring exclusively during Non-NFL Events ("Non-NFL Event Advertising Revenue"). To the extent legally and operationally feasible, the Stadium Authority will not engage in or authorize at any time, including during Non-NFL Events, any advertising or promotional activities in or around the Stadium or on parking lots or structures owned or controlled by the Stadium Authority that conflict with the terms of contracts that 49ers Stadium Company, the Team or any Second Team negotiates with its advertisers or sponsors ("Sponsor Contracts"), provided that the foregoing will not apply to any Stadium Authority advertising or similar contracts that pre-date such Team or Second Team Sponsor Contracts.
