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13 LICENSE AGREEMENT- LOCAL GOVERNMENTAL ENTITIES
<br /> Are e m e{1 t between the American Society of Composers,Authors`''and Publishers _
<br /> ("ASCAP")located at
<br /> 2690 Cumberland Parkway,Suite 490
<br /> Atlanta,GA 30339-3913
<br /> by the City of Everett("LICENSEE"),located at
<br /> 2930 Wetmore Ave#10C
<br /> Everett,WA 98301
<br /> as follows:
<br /> 1. Grant and Term of License
<br /> (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the"Premises"and at"Events"and
<br /> "Functions,"and not elsewhere or otherwise,non-dramatic renditions of the separate musical compositions in the
<br /> "ASCAP repertory." The performances licensed under this Agreement may be by means of"Live Entertainment"or
<br /> "Mechanical Music". For purposes of this Agreement,
<br /> (i) "LICENSEE"shall include the named entity and any of its constituent bodies,departments,
<br /> agencies or leagues.
<br /> (ii) "Mechanical Music"means music which is performed at the Premises by means other than by live
<br /> musicians who are performing at the Premises,including,but not limited to(A)compact disc,audio record
<br /> or audio tape players(but not including"jukeboxes"),(B)videotape,videodisc or DVD players;(C)the
<br /> reception and communication at the premises of radio or television transmissions which originate outside
<br /> the Premises;and which are not exempt under the Copyright Law;or(D)a music-on-hold telephone
<br /> system operated by LICENSEE at the Premises.
<br /> (iii) "Live Entertainment"means music that is performed at the Premises by musicians,singers or other
<br /> performers.
<br /> (iv) "Premises"means buildings,hospitals,airports,zoos,museums,athletic facilities,and recreational
<br /> facilities,including,but not limited to,community centers,parks,swimming pools,and skating rinks
<br /> owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by
<br /> LICENSEE.
<br /> (v) "ASCAP repertory"means all copyrighted musical compositions written or published by ASCAP
<br /> members or members of affiliated foreign performing rights societies,including compositions written or
<br /> published during the term of this Agreement and of which ASCAP has the right to license non-dramatic
<br /> public performances.
<br /> (vi) "Events"and"Functions"means any activity conducted,sponsored,or presented by or under the
<br /> auspices of LICENSEE. Except as set forth in paragraph 2.(d)below,"Events"and"Functions"shall
<br /> include,but are not limited to,aerobics and exercise classes,athletic events, dances and other social events,
<br /> concerts,festivals,arts and crafts fairs,and parades held under the auspices of or sponsored or promoted by
<br /> LICENSEE on the Premises.
<br /> (vii) "Special Events"means musical events,concerts,shows,pageants,sporting events,festivals,
<br /> competitions,and other events of limited duration presented by LICENSEE for which the"Gross Revenue"
<br /> of such Special Event exceeds$25,000(as defined in paragraph 4.(d)below).
<br /> (b) This Agreement shall be for an initial term of one year,commencing 05/01/2002,which shall be considered
<br /> the effective date of this Agreement,and continuing thereafter for additional terms of one year each. Either party
<br /> may give notice of termination to the other no later than thirty(30)days prior to the end of the initial or any renewal
<br /> term. If such notice is given,the agreement shall terminate on the last day of the term in which notice is given.
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