2006-389A - Laserfiche WebLink

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E . This license shall specifically exclude concerts. " Concerts" are those performances by an entertainer, group , or performer for which an admission or other fee is charged and which are not solely promoted by LICENSEE . F. This license shall specifically exclude "Sporting events . " "Sporting events" are professional , semi- professional , major or minor league athletic competitions . G . This license shall specifically exclude Colleges and/or Universities . 3. TERM OF LICENSE : A. The term of the Agreement shall be for an initial period that commences upon the Effective Date and continues for a period of one ( 1 ) year (the "Initial Period") . Thereafter, the Agreement shall automatically continue in full force and effect for successive additional periods of one ( 1 ) year ("Renewal Period(s)") . SESAC and /or LICENSEE shall have the right to terminate this Agreement as of the last day of the Initial Period or as of the last day of any Renewal Period(s) upon giving written notice to the other party by certified mail , return receipt requested, at least thirty (30) days prior to the commencement of any Renewal Period(s) . The Initial Period and Renewal Period (s) are sometimes collectively referred to herein as the "Term . " B. Notwithstanding anything to the contrary contained herein , SESAC shall have the right to terminate this Agreement upon thirty (30) days written notice by reason of any law, rule , decree, or other enactment having the force of law, by any authority , whether federal , state , local , territorial or otherwise , which shall result in substantial interference in SESAC's operation or any substantial increase in the cost of conducting its business . 4. LICENSE FEE : A. As consideration for the Rights granted herein , LICENSEE shall pay to SESAC the annual "License Fee" then in effect in accordance with the "Fee Schedule" set forth in Schedule "A" attached hereto . B . In the event that SESAC is determined by the taxing authority or courts of any state in which LICENSEE conducts its operation to be liable for the payment of a gross receipts , sales , use , business use or other tax which is based on the amount of SESAC's receipts from LICENSEE , then LICENSEE shall reimburse SESAC , within thirty (30) days of notification therefor, for LICENSEE's pro rata share of any such tax derived from receipts received from LICENSEE, unless by constitution or statute, LICENSEE is exempt from any such tax whether applied directly or indirectly to LICENSEE . C. SESAC shall have the right to impose a late payment charge of one and one-half percent ( 1 . 5 %) per month for any License Fee payment that is more than thirty (30) days past due . In the event that SESAC incurs any costs or fees in connection with the collection of any amounts past due to SESAC hereunder, then LICENSEE shall be responsible for paying such amounts to SESAC unless by constitution or statute, LICENSEE is exempt from any such charge whether applied directly or indirectly to LICENSEE . D. Effective January 1 of each calendar year the License Fee Schedule may be increased by an amount (rounded to the nearest dollar) equivalent to the percent increase in the Consumer Price Index — All Urban Consumer (CPI-U) as published by the Bureau of Labor Statistics, U. S . Department of Labor, between the most recent October and the preceding October or five percent (5%), whichever amount is greater.