|
I 5. Compliance with Law i~Regu[ations.'~Gic~nsi~ivi~~`~qsuro thet its employees, egents, contrectora, performere and every other person Licensee admits to the Premises who is acting underLicensee's dircction
<br />or control, or in its behalf a at all times sbide by and confoim to and comply with all applicable federal, state end local laws, ordinences, rules snd rcgulations including the lews ofthe State ~f Oregon goyerning
<br />public contracts, the pr i~s;tof which are heroby inc~?p,~rerod by reference, the rules and regulations of the Center and of Fire and Police departments of the City of Eugeno and the licens"es. pemiits end
<br />authorizations required y such jurisdiction. in the event of e violetion of any such law, ordinance, rule, reguletion, license, pertnit o~ authorizstion committed by Licensee, its employees, agent5, co~'itracfors or
<br />other person edmitted to the Premises who is ecting under Licensee's diroctian or control, or in ite behel f, Licensee shall immediatoly desist from or correct such violation.
<br />16. Right to Remove Persons. The Director shall have the right to remove from the Premises or eny other part of the Center any person who is causing a disturbance or damaging property or engeging in eny
<br />other conduct which the Director roasonably deems to be threatening, dengerous or otherwise objectionable. Owner reserves the right, in the exercise of its sole discretion, to roPond the ticket price to any person
<br />so removed.
<br />17. Right of Cancellation by Owner. Owner, acting by and through the Director, shall have the right to cancel Licensee's use of the Premisea at any time prior to or during the ~ae on the occurcence of a~iy of the
<br />following events:
<br />17. I In the event the Premises or any part of the Center ere destroyed or demaged by acts of God and other incidents such es firo, flood, eerthquake, explosion, the elementa, war, mobilization, mob or riot, or
<br />if the Premises, for any reason whatsoever, are rondered unfit for occupency, or if Owner is unable to give Licensee posaession because of nationel or local emergency, celamiry, epidamic, strike, power shortege
<br />or restriction, or the like.
<br />17.2 A default by Licensee in any of the tertns or conditiona of this Agrecmcnt
<br />173 Roasoneble belief by the Direcror that Licensee will be unable to pay Center reimbursa6le charges
<br />17.4 For any other reason deemed by the Director, in the exercise of his reasonable discretion, to be in the interost of the health, safery and welfare of the public.
<br />In the event of any such cancelletion, Owner shall refund the deposit to Licensee, efter deducting ell additional charges incurred by Licensee to the time of the cancellation. Owner shall not be liable to Licensee
<br />or any other person on account of eny cencellation under these provisions.
<br />I S. Cancelletion by Licensee. Cancellation by Licensee at any time prior to 6fteen ( I S) days before the beginning of the period of use shall, at the discretion of the Director, ceuse forfeiture of tt~e deposit paid
<br />by Licensce. If Licensee cancels fifteen ( I S) days or less before the beginning date of the period of use, Licensee shell be obligeted neverthelesa to pay the minimum Licensee fee or flat fee, ae the case mey be,
<br />set forth in Part A, plus any additional charges inwrred to the time of the cancellation. The parties egree thet the actual demage which the Center may reasonably'anticipate as a result of Licensee's cancellation
<br />are difficult to ascertain or predict. Therefore, the amount to be forfeited and/or paid under these provisions shall be deemed liquideted dameges considered by both perties to be a reasonable estimete of the
<br />damages which would probably be caused by such cancellation. Notwithstanding the foregoing, Licensee shall not 6e roquired to forfeit any deposit or pay any other sum, other than additional charges incurted
<br />to the time ofcencellation and any other damages payable by Licensee under this Agreement, ifLicensee's cancellation is caused by an Act ofGod or othereslamiry otherthen interruption or delay oftransportation
<br />service, casualry, physical disebiliry or illness. . '
<br />19. Default by Licensee/fermination. [f I.icenaee violates any of the tertns or conditions of this Agreement, time of payment and perfortnence being of the essence of this Agreement, Owner may, in addition
<br />to any and all rights and remedies of Owner under this Agreement or provided by law, at Owner's option and without notice or process of law, immedietely tertninate this License end'take exclusive possession
<br />oFthe Premises. Tn the event of such termination, Owner may remova all persons from the premises and remove ell equipment or propetiy pleced on the Premises by Licensee. In the event of a termination on
<br />account of Licensee's defeult, Owner shell be entitled to retain eny deposit(s) peid by Licensee and Licensee shall be required to pay all edditional cherges incurTed to the time of tertnination. Owner's remedies
<br />for Licensee's default shall survive the termination.
<br />20, Right to Re-license Upon Cancellation or Termination. lf this License is tertnineted by Owner for reasons of Licensee's default or if any licensed use is canceled, Owner may license others to use the Premises
<br />during any portion of Ihe period of use remaining under this License and mey receive license fees for such use which shall be the eole properry of Ownec
<br />21. Removel end Storage of l.icensee's Property. In the event the property of Licensee ia left in or on the premises or any part of the Center efter the period of use or after termination of this Agreement. Owner
<br />may remove and atore, or errange for the storage of, such property, all et the sole expense of Licensee. My such storege shall be deemed ro have been requested by Licensee. Licensee expressly releasea Owner
<br />from any kind and all claims for loss or demeges ofany kind or nature, arising out of such removal and storage. In the event Licensee's properry is so removed and stored, Licensee shall pay Owner as an additional
<br />charge for such removal end storage, such sums as may be determined by the Director to be reesoneble. Owner may retain any such properry until the sums so detennined sre paid, shall have e lien on the property
<br />for the storage cherges end trenaportation charges, if any, and mey foreclose that lien in eccordence with Oregon lew.
<br />22. Refunds. If there is e cancellation of en event during the period of use, whether such cancellation ocwrs prior to or during such event, Owner shell have the right, in ita sole diacretion, to rofund, in whole
<br />or in part, the entire ticket price to ell ticket holders. If cancellation is by Licenaee or reaults from I,icensee's defeult, Licrnsee shall reimburso-to Owner, as an additional charge, the costs and expenses incurted
<br />by Owner in making such refunds, and a sum equal to five pcrcent (5%) ofthe rotal collections from dcketa refunded, excluding patron user fees. Such edditional charge shell be in eddition to any damages specified
<br />in Peragreph 18. For the purpose of making refunds, Owner may retein ell box o~ce receipta for a period not to exceed twenry-one (21) deys aRer the end ofthe period of use. Upon the expiration of the 21-day
<br />period, or earlier at the Diroctor's discretion, the Owner shall tum over to Licensee all box office roceipts, after deducting rofunds made by Owner and efterdeducting any edditional charges and any other emounts
<br />over end above the deposit which Licensee is abligeted to pay under this Agreement. Licensce will honor all requests for rofunds after the balance ofbox office roceipts heve been turned over to it by Owner.
<br />23. Radio Broadcasting, Televising and Recording. Except as provided in Paragreph 8, neither tha Licensee nor Owner mey contract for, nor make arrengementa for radio broedcasting, televising, filming,
<br />photogrephing, taping, sound rocording, or other kinds of reproduction of whatever naturo for any program prosented by Licensee under this Agreement, without the prior written consent of both Licensee and
<br />Owner.
<br />24. Copyrights. Licensee shall be responsible for paying any and all royalties, licenses end copyright fees due as a result of Licensee's use of the Premises and shall defend and hold Owner hazmless from any
<br />claims made against Owner as e result of Licensea's failure to pay any such emounta end es e reault of eny alleged copyright infringement.
<br />25. Interprotation end Construction.
<br />25. I"Director" Defined. Ae used herein, "Dircetor" means the Exewtive Direcror of the Hult Center for the Performing Arls or her/his designee.
<br />25.2 "Box Office Receipts" Defined. As used in the Agreement, the term "box office receipts" means and includes gross receipta from ell tickets for events during the period of use which are sold from all epproved
<br />ticket outlets, less refunds.
<br />25.3 "Cenror Praperty" Defined. As used herein, the tertn "Centcr Property" means end includea the Premises or eny other part of the Center, including the parking structure, landscaped berm area and ercade,
<br />nnd the equipment, fitmishings, fix[ures end other property of the Center.
<br />25.4 Controlling Provisions. In the event ofany inconsistency or conflict between or among any parts ofthis agreement, the controlling document or portion theroafshall be as follows; first, any specinl conditions
<br />set forth in Pert A; second, the romaining portions of Part A; third, the provisions of Pert 8; fou»h, the provisiona of Part C; fifth, the rules and reguletions of the Center; and finally, the provisions of any other
<br />addenda or perts which are incorporated in this.Agreement ae described in Pert A.
<br />25.5 Modificatione. This Agreement shall not be changed, modified, amended or varied except by e written instrument signed by Owner and Licensee.
<br />25.6 Gender and Number. In construing this Agreement, the singuler shall include the plural end the neuter ahall include the mesculine and feminine gender. Licensee's obligations shall be the joint and severel
<br />obligetions of ell Licensees, if there is more then one Licensee.
<br />26, Miacelleneous.
<br />26, I Tide to Premises. Notwithstanding any other provision of this Agreement to the Contrery, it is the intention ofthe perties thet legal title ro the Premises and equipment end fecilities made availeble ro Licensee
<br />for its use shall remain vested in Owner and that no interost of Licrnsee in real or personal property shall be created by this Agreement. My rights granted ro Licensee by this Agreement shall not be conshued
<br />to imply any authority, privilege, or right to operate or engage in any business or activiry other than as specifically provided by this Agreement.
<br />26.2 Determinution of Matters Not Covered. Any matter not covered in this License shell be determined by the Direcroc Such determinations, and other decisions mede by the Dircctor in accordance with this
<br />Agreement, shall be final.
<br />26.3 Non-Waiyer. My waiver of Owner of any default of any term or condition of this Agreement shall not be construed as a waiver of any subsequent default of such tertn or condition or eny other terms of
<br />conditions ofthe AgreemenL
<br />26.4 Binding Effact: The rights, obligations, conditions and terms ofthis Agreement shall be 6inding upon and inured to the benefit ofthe heirs, legal representatives, successors and essignees ofthe partieshereto;
<br />provided, however, nothing contained iu this pAragraph shall nlter the rostrictions on essigmnent set furth in Peregraph 10. " "" ' J" `
<br />26.5 Independent Contractor. Licensee and Owner agree that Licensee's services aro perfortned with the understanding that the Licensee is a self-employed contractor who has special expertise as to the scrvices
<br />which s/he is to perfortn, nn s/he intends to customarily engage in the independent perfortnance of thet service. Licensee acknowledges that Workers' Compensation benefits will not be provided to Licensee by
<br />Owner.
<br />
<br />
|