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or protect physical assets of the Airport), any Operating Costs in excess o the <br />Approved Operating Budget which have not been approved by the City prior to <br />incurring such Costs shall be paid for by the Operator. <br />6.1.2 Operator shall disburse funds from the Operating Account to pay Airport bills in <br />accordance with City policies and the Texas Prompt Payment Act, Tex. Govt. <br />Code, Section 2251 et. sec l. <br />6.1.3 Incentive Compensation. Operator shall have the ability to earn incentive <br />compensation annually based upon Financial Performance for the prior fiscal <br />year. The purpose of the incentive compensation is to encourage the creative and <br />aggressive marketing and promotion of the Airport with the goal of making the <br />Airport self - sustaining within five years. <br />6.1.4 Disincentive. The City's issuance of two or more documented written notices of <br />default that the Operator fails to satisfactorily correct according to Articles 8 or 10 <br />during any contract year shall result in a financial disincentive in the amount of <br />10% reduction of the incentive compensation for the year in which the uncured <br />default occurs. The City's right to impose the disincentive shall neither limit its <br />other remedies or rights under this Agreement nor its right to terminate as <br />provided herein. <br />6.1.5 Base Year Revenue related to Airport Leases has been calculated based under the <br />current contractual leases currently negotiated at the City of San Marcos and is <br />comprised of T- hangar rents, shelter rents, agricultural land leases, storage area <br />rents, private hangar land rents and commercial facility rents. Base Year Revenue <br />is based off of 2010 actual Gross Revenues. The City will determine the actual <br />amount of Base Year Revenue for the fiscal year ending September 30, 2010 on <br />or before December 31, 2010. <br />a) For each Fiscal Year this Agreement remains in effect, the Operator will be eligible to <br />receive two types of incentives as follows: <br />The categories of Incentive Compensation are: <br />(1) Profit Incentive <br />i) The Gross Revenues of the Airport as defined in Section 1 herein shall be <br />calculated annually at the end of each Fiscal Year. <br />27 <br />