Common use of Retained Earnings Clause in Contracts

Retained Earnings. Prior to the end of the first year of the Term, the Association will develop a plan to spend and/or keep as operating contingency, at the Association’s discretion, its Retained Earnings and will update that plan on an annual basis to reflect amounts actually spent in the past year, use of funds, the current balance of Retained Earnings and any revised plans for future spending of the Retained Earnings. The Association will make its plan publically available and will post its plan and all updates on the Association’s website. The Association will use its best efforts to execute on its plan and shall make expenditures of Retained Earnings in accordance with the plan, as it is updated from time to time. Subject to the foregoing, the Association agrees that Retained Earnings may only be spent on physical improvements to or capital projects within the Community Centre Network or for the direct provision of Programming or services to the public at or from the Jointly Operated Facilities. The Association acknowledges and agrees that the buildings and Fixtures comprising the Entire Facility are and will continue to be owned by the City and Park Board, notwithstanding any contribution of funds (including Retained Earnings and grant revenue) by the Association.