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such vacancy in appointment shall be filled by the Judge of the St. Joseph <br />County Circuit Court on petition of any interested party. The decision of <br />a majority of the arbitrators shall have the same effect as if made by the <br />joint committee. <br />SECTION 10. LIABILITY <br />The Board of Managers shall have no responsibility for any loss <br />or damage sustained to the convention facilities or the building arising <br />from any cause whatsoever, or to any person or persons on or about the <br />premises and the City and Century Center Board shall defend and hold <br />harmless the Board of Managers for any such loss or damage. <br />SECTION 11. REVENUES <br />All revenues from whatever source derived from the convention <br />facility and its operation shall be separately accounted for and shall <br />be expended solely for the management, operation, salaried personnel, <br />maintenance, upkeep, improvement, equipping, expansion and /or promotion <br />of the convention facility in accordance with adopted budgets for the <br />convention facility, provided that profits, if any, not budgeted for <br />expenditures during the ensuing twelve (12) month period may be held in <br />a contingency fund for utilization against future operations to support <br />activities and operations and expansion of the convention facility in <br />the future. In the event both boards determine that funds in the con- <br />tingency fund are in excess of the anticipated needs for future contingen- <br />cies, both boards may agree by concurred in action, to apply such excess <br />to amounts due from the Board of Managers under this agreement and, in <br />the event an excess remains, then the same shall be payable to the City <br />of South Bend. <br />In the event portions of the Century Center building other than <br />the convention facility are utilized by persons, groups or organizations <br />who also are using the convention facility, the separate and additional <br />net income earned for the utilization of non - convention facilities shall <br />be treated as convention facility revenues for the'purpose of determining <br />losses which the Board of Managers may be responsible to pay, but shall <br />not be revenues of the convention facility. <br />SECTION 12. PARKING <br />It is understood and agreed that 360 parking spaces will be made <br />available on site for the convention facility, at least until such time <br />