Laserfiche WebLink
a <br /> G I N A L <br /> g <br /> BMI® Music LGE oq ` 7� � <br /> Performance LOCAL GOVERNMENTAL LI -03/12 -LGE <br /> Agreement ENTITIES hftp://www. bmi .com <br /> 1 . DEFINITIONS <br /> (a ) LICENSEE shall include the named entity and any of its constituent bodies, departments , agencies or leagues. <br /> ( b) Premises means buildings, hospitals , airports , zoos , museums , athletic facilities, and recreational facilities <br />, including , but not <br /> limited to, community centers , parks, swimming pools , and skating rinks owned and/or operated by LICENSEE and any site which <br /> has been engaged by LICENSEE for use by LICENSEE. <br /> (c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at <br /> the Premises , including , but not limited to ( 1 ) compact disc, audio record or audio tape players (but not including "jukeboxes") <br />; (2 ) <br /> videotape , videodisc or DVD players ; (3 ) music performed as an accompaniment to karaoke ; (4 ) the reception and communication <br /> at the premises of radio or television transmissions which originate outside the Premises , and which are not exempt under <br /> the <br /> Copyright Law; or (5 ) a music-on-hold telephone system operated by LICENSEE at the Premises . <br /> (d ) Live Entertainment means music that is performed at the Premises by musicians , singers and/or other performers. <br /> (e ) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or <br />members of BMI- <br /> affiliated foreign performing rights societies , including compositions written or published during the Term of this Agreement and of <br /> which BMI has the right to license non-dramatic public performances . <br /> (f) Events and Functions means any activity conducted , sponsored , or presented by or under the auspices of LICENSEE . Except <br /> as set forth in Paragraph 2 (d ) below, " Events" and " Functions" shall include , but are not limited to, aerobics and exercise <br /> classes, <br /> athletic events, dances and other social events , concerts, festivals , arts and crafts fairs , and parades held under the auspices <br /> of, <br /> or sponsored or promoted by, LICENSEE on the Premises . <br /> (g ) Special Events means musical events , concerts, shows , pageants , sporting events , festivals, competitions , and other <br /> events of <br /> limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B ) of such <br /> Special Event <br /> exceeds $25 , 000 . <br /> 2 . BMI GRANT <br /> (a ) BMI grants and LICENSEE accepts a non-exclusive license to perform , present or cause the live <br /> and/or recorded public <br /> performance on the "Premises" and at "Events" and "Functions", and not elsewhere or otherwise , non-dramatic renditions of the <br /> separate musical compositions in the 'BMI Repertoire". The performances licensed under this Agreement may be by means <br /> of <br /> " Live Entertainment" or "Recorded Music" . <br /> ( b ) This license does not authorize ( 1 ) the broadcasting , telecasting or transmission or retransmission by wire, <br />Internet, website or <br /> otherwise, of renditions of musical compositions in BMI 's Repertoire to persons outside of the Premises , other than by means of <br /> a <br /> music-on-hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music <br /> (such as Muzak) or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right <br /> to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises <br /> by <br /> means of teleconferencing , videoconferencing or similar technology. <br /> (c) This license is limited to non-dramatic performances , and does not authorize any dramatic performances . For purposes <br /> of this <br /> Agreement, a dramatic performance shall include , but not be limited to , the following : ( 1 ) performance of a <br />"dramatico-musical <br /> work" (as hereinafter defined ) in its entirety; (2 ) performance of one or more musical compositions from a "dramatico-musical <br /> work" (as hereinafter defined ) accompanied by dialogue , pantomime , dance , stage action , or visual representation of the <br /> work <br /> from which the music is taken ; (3 ) performance of one or more musical compositions as part of a <br /> story or plot, whether <br /> accompanied or unaccompanied by dialogue , pantomime, dance, stage action , or visual representation ; and (4) performance of a <br /> concert version of a "dramatico-musical work" (as hereinafter defined ). The term "dramatico-musical work" as used <br /> in the <br /> Agreement, shall include, but not be limited to , a musical comedy, opera , play with music, revue , or ballet. <br /> (d ) This license does not authorize performances : ( 1 ) at any convention , exposition , trade show, conference, congress <br />, industrial <br /> show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under <br /> the <br /> auspices of LICENSEE, is presented entirely on LICENSEE's Premises , and is not open to the general public; (2 ) by or at colleges <br /> and universities ; (3 ) at any professional sports events or game played on the Premises ; (4 ) at any permanently situated theme <br /> or <br /> amusement park owned or operated by LICENSEE ; (5 ) by any symphony or community orchestra ; and (6 ) by means of a <br /> coin <br /> operated jukebox. <br /> 3 . REVIEW OF STATEMENTS AND / OR ACCOUNTINGS <br /> (a ) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee . <br /> ( b) BMI shall have the right, by its authorized representatives , at any time during customary business hours , to examine <br /> the books <br /> and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall <br /> consider all data and information coming to its attention as a result of any such examination of books and records as completely <br /> confidential . <br /> (c) BMI shall have the right to adjust LICENSEE 's Annual License Fee based upon the most recently available revised <br /> population <br /> figures provided by the U . S . Census Department. <br /> Pagel of 4 <br />