2004/03/10 Council Agenda Packet

2. Limitations On License 1 3 (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement,nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize(i)the broadcasting,telecasting or transmission or retransmission by wire, Internet,website or otherwise,of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises,other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises;and (ii)performances by means of background music(such as Muzak)or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non-dramatic performances,and does not authorize any dramatic performances.For purposes of this agreement,a dramatic performance shall include,but not be limited to,the following: (i) performance of a"dramatico-musical work"(as hereinafter defined)in its entirety; (ii) performance of one or more musical compositions from a"dramatico-musical work(as hereinafter defined)accompanied by dialogue,pantomime,dance,stage action,or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot,whether accompanied or unaccompanied by dialogue,pantomime,dance,stage action,or visual representation; (iv) performance of a concert version of a"dramatico-musical work"(as hereinafter defined). The term"dramatico-musical work"as used in this Agreement,shall include,but not be limited to,a musical comedy,opera,play with music,revue,or ballet. (d) This license does not authorize performances: (i) at any convention,exposition,trade show,conference,congress,industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE,is presented entirely on LICENSEE'S Premises,and is not open to the general public; (ii) by or at colleges and universities; (iii) at any professional sports event or game played on the Premises; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE; (v) by any symphony or community orchestra; (vi) by means of a coin operated phonorecord player(jukebox)for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein,LICENSEE agrees to pay ASCAP a license fee which includes the total of the"Base License Fee"and any applicable"Special Events License.Fees",all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee"means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S.Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees"mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Page 2 of 4 112