2004/03/10 Council Agenda Packet

6. Interference in Operations 1 3 ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with,or substantial increase in the cost of,ASCAP's operations as the result of any law in the state,territory, dependency,possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination,ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. 7. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP,which are required by local,state or federal law for other municipalities,counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race,creed,color,sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail,by generally recognized same-day or overnight delivery service or by electronic transmission(i.e.,Mailgram, facsimile or similar transmission)to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information,such as change of address,change of person/office responsible,etc. within 30 days of such change. IN WITNESS WHEREOF,this Agreement has been duly executed by ASCAP and LICENSEE,this_day of March,2004. CITY OF EVERETT AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS By By Ray Stephanson, Mayor Typed/Printed Name: It's ATTEST: By Sharon Marks, City Clerk APPROVED AS TO FORM: By James D. Iles, City Attorney iii Page 4 of 4