2004/03/10 Council Agenda Packet

13 Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal,county or other local government entities. (b) Unless otherwise limited by law,LICENSEE shall pay a finance charge of 1.5%per month from the due date,or the maximum amount permitted by law,whichever is less,on any required payment that it is not made within thirty days of its due date. 4. Reports and Payments (a) Upon the execution of this Agreement,LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S.Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement;and(ii)a report containing the information set forth in paragraph 4.(d)below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event,LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s)appearing; (iii) the"Gross Revenue"of the event."Gross Revenue"means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents,sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement,LICENSEE shall indicate the name,address, phone number and ASCAP account number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP,LICENSEE shall pay the license fee due hereunder,notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to ASCAP,where available,copies of all programs of musical works performed,which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S.Census Department. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained,ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default,and in the event that such breach or default has not been cured within said thirty days,this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination,ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. Page 3 of 4 .. 113