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<br /> G I N A L
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<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.
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