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HULT CENTER LICENSE AGREEMENT
<br />One Eugene Center Eugene, OR 541.682-5087
<br />Part A
<br />~y o~
<br />O~IGINAL
<br />Parties: THE CITY OF EUGENE, an Oregon Municipal Corporation (owner), acting by and through the Director of the Cultural Services Division, and CITY OF EUGENE
<br />PUBLIC WORKS
<br />Grant of License/Premises: Owner hereby granu to Licensee a non-assignable right, subject to all of the terms and conditions of this Agreement, to use and occupy the that
<br />portion of the Hult Center for the Performing Arts (Center) described as follows: (Premises Studio I.
<br />Licensed Use: Licensee shall have the right to use the Premises for the sole purpose oF: Holdine Public Works Plannina Meetine.
<br />Period of Use: Licensee is entitled to use the Premises for the following period: Thursdav. October 22, 2002 at 8:00 a.m.
<br />Licensee Fee: For use of the Premises, Licensee shall pay Owner: Actual expenses incurred for labor and equipment used per dav
<br />Deposit: On execution and delivery of this agreement by Licensee, to ensure the faithful performance of Licensee's obligations, Licensee shall pay a non-refundable deposit of
<br />$ N/A. If required, payment of the deposit shall be by cashier's certified check. The deposit shall be credited to rents, additional charges and any damages payable under this
<br />agreement. An additional deposit may be required as provided in Paragraph I of the General Terms & Conditions.
<br />Special Conditions:
<br />Effectation of Agreement: To be effective, this Agreement must be signed by Licensee and received by Owner at the address above on or before
<br />the l lth day of October , 2002, together with the deposit specified above, and must also be signed by the Center Director.
<br />IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
<br />OWNER:
<br />Cultural Se ices Division
<br />City of e
<br />BY:
<br />Exec tive Director
<br />or authorized representative
<br />Part B
<br />LICENSEE:
<br />CITY OF EUGENE PUBLIC WORKS
<br />(Type or print name f person or company)
<br />BY:
<br />(Auth ized Representative)
<br />(Titlel ~
<br />Ku,r+ C~re~ V~ r 1 G~ p~ Pl~'1 ~ 1 C ~4.~ 01~~
<br />('.itv of Eueene P~lic Works Division
<br />Eueene OR 97401
<br />Phone: 682-8421
<br />Fax:
<br />TERMS AND CONDITIONS:
<br />L Tickets. Tickets will not be placed on sale until an executed copy of this agreement and the deposit are received by the Centec All ticket sales shall be conducted by Owner, except that on written request
<br />from Licensee, a block of tickets will be allocated ro Licensce for sale by or through Licensee from ticket outlets other then Owners oudets. Licensee shall be solely responsible for tickets so allocated. Tickets
<br />allocated to Licensee shall be deemed ro be sold, for purposes of computing box office receipts and patron user fees, except for those retumed to and receipted for by Owner at a time established by Owner. The
<br />City of Eugene pahon user fee shall be itemiud and added to Licensee's established ticket price. Patran user fees will be collected, regardless of place of sale whether or not admission is charged, for entry ro
<br />an event. Owner will reserve at no charge, a block of not more than 16 house/trouble seats per show in such locations as the Director shall determine. [n the event Owner determines, in the exercise of its sole
<br />and independent discretion, t6at ticket sales for the event(s) will not be sufficient to cover the license fee and other charges incurred or ro be incurted by Licensee, Owner may rcquire Licensee to fumish additional
<br />deposit in an amount Owner detertnines necessary to cover such fees and charges. Such additional deposit shall be payable in cash or cesh equivalent prior to the event and Licensee's Failure to comply with any
<br />such requirement shall constitute a default under Paragraph 19 below and shall be grounds for cancelletion of the event and tecmination of this Agreement.
<br />2. Admission, Security and Support Personnel. All admission, securiry nnd support personnel necessary to operate the Premises shell be provided by Owner, in rypes and numbers and at times designated by
<br />the Director. Licensee shall pay, as en additional chazge, the cost of all such personnel, at the specified rates in Pert C hereof.
<br />3. Services, Equipment and Utilities. Owner shall provide to the Premises general heating, house lights and basic stage lighting and air conditioning, and shall meke a avnilable water and rostroom facilities in
<br />or near the Premises. The equipment and services provided at no extre charge by Owner or available at en additional charge to Licensee are set forth in Part C hereof. Licensee shall not, without the Director's
<br />prior written consent, install or use any equipment or services other than those provided or made available by Owner. In the event the Director consents to the use of equipment other than thet provided or made
<br />available by Owner, all matters pertaining to the use of such other equipment shall be subject to approval of the Director, including additional charges, if eny, for electrical usege.
<br />4. Electrical Equipment. All electrical wiring required for equipment in excess of that provided by Owner under Paragraph 3 shall be installed in conformance with all applicable statutes, ordinances and codes
<br />by a contractor approved by the Diroctor and shall be romoved by such wntractor immediately after the event.
<br />5. Licensee's Authoriud Representative. Prior to the commencement af the period of use, Licensee shell designate the person in charge of Licensee's activities on the Prtmisea during the period of use. Such
<br />person shall be on the Premises at al I times during setup, rehearsal, the perfortnance, and take-down and removal of equipment. Such person shell be authoriud ta receive notices and other communications from
<br />the Diroctor and othenvise shall be deemed to be Licensee's agent. Notices to or communications with the person in cherge shall be deemed as notices to or cammunications with Licensee. At any time Licensee
<br />fails to have a person in charge on the Premises, Owner may make decisions on behalf of Licensee, commit Licensee to additional requirements considered necessary by Owner and othenvise exercise any
<br />supervisory role which Owner considers necessary under the circumstances. In such event, Licensee shall be bound by Owner's actions and shall hold Owner harmless from actions taken by Owner on behalf
<br />of Licensee.
<br />6. Time Schedule. The period of use shall not be extended for occupancy or use of the Premises or for the installation or removal of equipment without the prior written pertnission of the Director. All additional
<br />time shall be paid for according to the specified rates in Part C.
<br />7. SettlementwithLicensee/LienonReceipts. Exceptashereinprovided,nllboxofficeroceipts(asdefinedinParagraph25.2)heldorobtainedbyOwnershallbepaidtoLicenseeimmediatelyuponthetertnination
<br />of the period of use or at such earlier time as the Director may detemiine, less the portion of box office receipts to which Owner may be entided under this Agreemmt, end less eny additional charges For which
<br />l.icensee is responsible under this Agreement after deduction of any deposit paid by Licensee. Owner shall not be required ro segregate box office receipts and may heat such receipts as its own property until
<br />paid or payable to Licensee under this paragraph. If Licensee requires cash or cash equivalent as e portion or ell of the settlement due Licensee, such requirement must be made known to the Direcmr not less
<br />than 3 business deys prior ro the anticipated time for settlement Patron user fees shall be accounted for and collected by Owner on behalf of the Ciry of Eugene at the time of setdement Owner shall have a first
<br />lien on box office receipts to cover rental, additional charges, patron user fees, damage ro property, liquidated damages and ather damages for breach of this Agreement. If at the time of settlement with Licensee
<br />the Director has detertninod that there hes been damage to Center Property for which Licenseo is responsible under Paragraph I 1 below, the Diroctor may withhold from box office receipts such additional sum
<br />as s/he shall reasonably detetmine will compensete for such damage. However, the Director's detertnination of damage or compensation therefor shall not be wnsidered final and binding, unless the parties so
<br />agree in writing at the tima Unless so agreed, the amount withheld shall be applied ro compensate forany such damage when the damage has been finally detertnined. The Direcrors failure ro make a determination
<br />of damage et the time of settlement shall not constitute a waiver oF Licensee's responsibility for damage.
<br />8. Conassions. Owner reserves to itself and its official caterers and concessionaires, ifany, the right ro sell or give away food, beverages, periodicals, programs and other merchandise and to operate checkrooms
<br />and to take phorographs in connection with Licensee's use of the premises, except photographs of performances unless otherwise agreed as provided in Pazagraph 24. Licensee shall not engage in or undertake
<br />the sale of such merchandise or similar articles or services without obtaining the prior written consent of the Director. If the wnsent is granted, the terms and conditions of Licensee's concession privileges and
<br />obligations, including concession Feo, ahell be the subject of an addendum to this Agreement.
<br />9. Non•exclusive Use. Licensee's use of the Premises shall be non-exclusive. Owner shall have right of entry at ell times to exercise its reesonable management of the Center, including the right to inspect and
<br />repair the Premises, so long as such entry except in the case of emergencies does not unreasonably interfere with Licensee's use.
<br />10. Personal License Only. This License is personal to the Licensee and shall not be assigned or encumbered by Licensee without Owner's prior written consent
<br />1 I. Damage to Center Properry. Licensee shall not cause or pertnit its perfortners, employees, agents, contractors or any other persons acting under its control or direction or in its behalf to instigate or act in
<br />a manner to incite conduct on the part of patrons or others which foreseeably could result in damage to or deFacement of Center Property. Licensee shall be rosponsible for damage to or defacement of Center
<br />Property caused by Licensoe or its performers, employees, agents, contractors or any other person acting under its control or diroction or in its behalf and shall pay ro Owner, on demand, the sum necessary to
<br />wstore the damaged or defaoed property to its condition immedinEely prior to the beginning date of Licensee's use.
<br />12. Owner Relieved of Liability. Ownerassumes no rosponsibiliry wfietever for any property belonging to Licensee or any other person which Licensee places or ceuses to be placed on the Premises or in eny
<br />othecpert of the Centec Owner is hereby expressly relieved and discharged from eny and all liability for any loss, injury or damage to persons or property, ineluding loss or damage resulting from theft, fire and
<br />vandalism, that may be sustained as e result of or in connection with Licensee's use or occupancy oF the Premises and Licensee waives right of subrogetion against Owner for any such loss, injury or damage.
<br />13. Indemnification. Licensee shall indemniCy and hold Owner, its egents and emplayees, hartnless from a~iy und against all claims, losses, actions or damages made or suf'fered by any person for death, bodily
<br />injury or properry damage which results direcdy or indirecdy, fram any act, default, erzor or omission of Licensee arising in connection with or related to Ucensee's use or occupancy of the use or occupancy
<br />of the Premises. In the event any such ection is brought against Owner, Licensee shall, upon notice of the commencement thereof, defend the same at its sole cost and ezpense, prompdy satisfy any judgement
<br />adverse to Owner or to Owner and Licensee, joindy, and roimburse Owner for any loss, cost, damage or expense (including legal fees) suffered or incwred by Owner. The forogoing liabiliry shall not be diminished
<br />by the fact, if it is fact, thnt any death, injury; damuge or loss, claim, cost or expense may have been, or may be alleged ro have been, the result of the joint, concurring or contriburory act, omission or negligence
<br />of Owner, unless caused by or resulting from the sole negligence or willful misconduct of Ownec As used in this paragraph and in Paragraph 14, the term "Owner" includes Owner s employees and agents and
<br />the term "Licensee" includes Licensee's perfortners, employees, agents and contrectors; end any other person "acting under I,icensee's direction or control or in its behalf in connection with or incident to its use
<br />or occupancy of the Prcmises.
<br />14. Insurance. Licensee shall obtain, at its sole expense, a comprehensive public liabiliry insurance policy including auto and personal injury, with a combined single limit coverage of not less that 5500,00 for
<br />bodily injury and property damage. The liability policy shall name Owner as additional insured, protecting Owner from any and all claims, losses, actions or damages resulting diroctly or indirecdy from any uct,
<br />default, error or omission of Licensee or as a result of the joint, concurting or contributory act, omission or negligence of Licensee and Owner arising in connection with or rolated to Licensee's use or occupancy
<br />of the Premises. The liabiliry policy shall contain a"fire legal liabiliry" endorsement. Licensee shall also procure Workers' Compensation and Employer's Liabiliry insurance. All policies required under these
<br />provisions shell be approved es to fortn and surery by Owner and shall provide for not less tlian ten (10) days notice to Owner, at the address set forth in Part A, ofcancellntion, mnterial change or lapse ofcoverage.
<br />Certificates evidencing the coverage required by these provisions shall be delivered ro Owner, at the nddress set forth in Part A, not less then twenry-one (21) days prior ro the beginning date of the period of use.
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