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5. MISCELLANEOUS : <br /> A. In the event LICENSEE fails to pay the License Fee when due or is otherwise in default of any other <br /> provision of this Agreement, then SESAC shall have the right to terminate this Agreement in addition to <br /> pursuing any and all other rights and/or remedies available if LICENSEE has not cured such breach within <br /> thirty (30) days following SESAC's written notice of such default. <br /> B . SESAC shall have the right to withdraw from the scope of this License, upon written notice, the right to <br /> perform any musical composition licensed hereunder as to which any action has been threatened , instituted , or <br /> a claim made that SESAC does not have the right to license the performance rights in such composition . <br /> C . This Agreement shall be binding upon and inure to the benefit of SESAC's and LICENSEE's legal <br /> representatives, successors , and assigns , but no assignment shall relieve SESAC or LICENSEE of their <br /> obligation under this Agreement. <br /> D . This Agreement supersedes and cancels all prior negotiations and understandings between SESAC and <br /> LICENSEE in connection with the Municipality. No modification of this Agreement shall be valid or binding <br /> unless in writing and executed by SESAC and LICENSEE . If any part of this Agreement shall be determined to <br /> be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having <br /> the jurisdiction to make such determination , the remainder of this Agreement shall remain in full force and <br /> effect. No waiver of any breach of this Agreement shall be deemed a waiver of any preceding , continuing or <br /> succeeding breach of the same , or any other provision of this Agreement. r <br /> IN WITNESS THEREOF, the parties have caused this Agreement to be duly signed as of <br /> Please insert today's date <br /> LICENSEE SESAC , Inc. _ <br /> BY: BY : <br /> (please sl In <br /> mire) C7 <br /> LJ <br /> Joseph A. Baird <br /> (Type or print name) _=3 <br /> County Administrator 4 <br /> TITLE : � TITLE : Managar � p ^ gr� l 6isensin�' <br /> Administration <br /> Please mail signed license to: SESAC <br /> 55 Music Square East <br /> Indian River County Nashville, TN 37203 <br /> Department of General Services tnaan Riva Co Agprov. d Date <br /> Thomas W. Frame, Director Admin. <br /> 184025th Street <br /> Vero Beach, FL 32960 'L7 <br /> Budget I <br /> Dept. � ( O <br /> Risk Mgr. <br /> Indian River County Account No: 63-09-01091 / J3 LD. No: 245944 L J <br /> NOV 0 8 2006 <br /> q „ <br /> 63-09-01091 /245944/J3 <br />