Common use of License Fees, Reports and Payments Clause in Contracts

License Fees, Reports and Payments. (a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP the applicable license fee for each concert presented based on the Rate Schedule, attached to and made a part of this Agreement. (b) Fifteen days after the end of each calendar quarter of this Agreement, LICENSEE shall submit to ASCAP a report in printed or computer readable form stating whether concerts were presented during the previous quarter. For each concert presented during the previous quarter, the report shall state: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the name, location and seating capacity of the venue where the concert was presented (Where the total seating capacity of a location has been altered to accommodate a particular performance, the term "Seating Capacity" shall mean the total number of seats made available for that particular performance and shall be so indicated on the report.); (iv) the "Gross Revenue" of the event ("Gross Revenue" means all monies received by LICENSEE or on LICENSEE’S behalf from the sale of tickets for each concert. Gross revenue shall not include per ticket entertainment, amusement, or sales taxes, commissions or fees paid to automated ticket distributors, such as "Ticketmaster," per-ticket theatre restoration or other facility fees, or parking fees when included in the ticket price.) LICENSEE may deduct from "Gross Revenue" the portion of the ticket price donated by the performing artist to a specific charity, provided that the deduction may not exceed $5.00. The LICENSEE shall furnish ASCAP with a copy of the artist agreement setting forth the exact amount of the charitable donation per ticket sold; (v) if the concert is a "Benefit Event," the name and address of the organization for which the benefit is conducted. "Benefit Event" means a concert which is not exempt from copyright liability under Section 110(4) of the United States Copyright Law, and which is held to raise money for a specific, bona fide charitable institution or cause, not affiliated in any way with LICENSEE, to which all the proceeds from the concert, after deducting the reasonable costs of producing the concert, are donated. LICENSEE, upon ASCAP’s request, shall provide documentation of expenses and proof of payment to the institution or cause; (vi) the license fee due for each concert; and (vii) the total license fees due for the previous quarter. (c) License fees shall be payable at the time the quarterly report is submitted. The minimum annual fee shall be payable within thirty days of invoicing by ASCAP. (d) If LICENSEE presents, sponsors or promotes a concert with another person or entity licensed under ASCAP’s Concert & Recital License Agreement, LICENSEE’S quarterly report shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment. If the other party is not licensed by ASCAP under an ASCAP Concert & Recital or Symphony Orchestra License Agreement, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (e) If LICENSEE fails to submit a report or payment in a timely manner, ASCAP may calculate the fees due from data provided by concert industry publications such as Pollstar or based upon fees payable in prior years. (f) LICENSEE shall furnish to ASCAP, where available, at the same time payment of license fees is made a program containing a list of all musical works, including encores, performed in each of LICENSEE’S concerts. (g) LICENSEE shall pay a finance charge of 1.5% per month from the date due, on any required payment or report that is not made or submitted within thirty days of its due date. LICENSEE shall pay ASCAP a $25 service charge for each unpaid check, draft or other form of instrument submitted by LICENSEE to ASCAP.

License Fees, Reports and Payments. (a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP the applicable license fee for each concert presented based on set forth in the Rate Schedule, attached to Schedule annexed hereto and made a part of hereof, based on "LICENSEE's Operating Policy." The term "LICENSEE's Operating Policy," as used in this Agreement, means all of the factors which determine the license fee applicable to the premises under the attached Rate Schedule. (b) Fifteen days after the end LICENSEE shall furnish reports to ASCAP upon entering into this Agreement and on or before January 31 of each calendar quarter succeeding year, on forms provided free of charge by ASCAP. (c) The report to be furnished upon entering into this Agreement, LICENSEE Agreement shall submit to ASCAP a report in printed or computer readable form stating whether concerts were presented during state the previous quarter. For each concert presented during the previous quarter, the report shall statefollowing: (i) the date presentedlocation of each motion picture theatre owned or operated by LICENSEE as of that date; (ii) the name number of the attraction(s) appearingmotion picture screens at each such theatre; (iii) the name, location and seating capacity of the venue where the concert was presented (Where the total seating capacity of a location has been altered to accommodate a particular performance, the term "Seating Capacity" shall mean the total number of seats made available for that particular performance and shall be so indicated on the report.);in each room in which a motion picture screen is located; and (iv) the "Gross Revenue" of the event ("Gross Revenue" means all monies received by LICENSEE or on LICENSEE’S behalf from the sale of tickets for each concert. Gross revenue shall not include per ticket entertainment, amusement, or sales taxes, commissions or fees paid to automated ticket distributors, such as "Ticketmaster," per-ticket theatre restoration or other facility fees, or parking fees when included in the ticket price.) LICENSEE may deduct from "Gross Revenue" the portion of the ticket price donated by the performing artist to a specific charity, provided that the deduction may not exceed $5.00. The LICENSEE shall furnish ASCAP with a copy of the artist agreement setting forth the exact amount of the charitable donation per ticket sold; (v) if the concert is a "Benefit Event," the name and address of the organization for which the benefit is conducted. "Benefit Event" means a concert which is not exempt from copyright liability under Section 110(4) of the United States Copyright Law, and which is held to raise money for a specific, bona fide charitable institution or cause, not affiliated in any way with LICENSEE, to which all the proceeds from the concert, after deducting the reasonable costs of producing the concert, are donated. LICENSEE, upon ASCAP’s request, shall provide documentation of expenses and proof of payment to the institution or cause; (vi) the license fee due for each concert; and (vii) all such motion picture theatres for that calendar year pursuant to the total license fees due for the previous quarter. (c) License fees shall be payable at the time the quarterly report is submitted. The minimum annual fee shall be payable within thirty days of invoicing by ASCAPRate Schedule. (d) If The report to be furnished on or before January 31 of each succeeding year shall state the following: (i) the location of each motion picture theatre owned or operated by LICENSEE presents, sponsors or promotes a concert with another person or entity licensed under ASCAP’s Concert & Recital License Agreement, LICENSEE’S quarterly report shall indicate as of that date; (ii) the name, address, phone number and ASCAP account number of motion picture screens at each such theatre; (iii) the other person(snumber of seats in each room in which a motion picture screen is located (and Schedule "A" shall be deemed amended accordingly); and (iv) or entity(ies) and the party responsible for payment. If the other party is not licensed by ASCAP under an ASCAP Concert & Recital or Symphony Orchestra License Agreement, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement for all such motion picture theatres for the then current calendar year pursuant to the contrary between LICENSEE and the other partyRate Schedule. (e) If LICENSEE fails to submit a report or payment in a timely manner, shall pay ASCAP may calculate the license fees due from data provided hereunder as follows: (i) Upon entering into this Agreement, the license fee due for the first calendar year of this Agreement, as shown by concert industry publications such the report due at that time; and (ii) By each succeeding January 31, the license fee due for the then current calendar year, as Pollstar or based upon fees payable in prior yearsshown by the report due by that date. (f) In the event LICENSEE shall furnish to ASCAP, where available, at the same time be delinquent in payment of license fees is made a program containing a list of all musical worksdue hereunder by thirty days or more, including encores, performed in each of LICENSEE’S concerts. (g) LICENSEE shall pay a finance charge on the license fees due of 1.51 1/2% per month month, or the maximum rate permitted by law, whichever is less, from the date duesuch license fees should have been paid. (g) If LICENSEE's payment of fees under this Agreement causes ASCAP to incur a liability to pay a gross receipts, sales, use, business use, or other tax which is based on the amount of ASCAP's receipts from LICENSEE, the number of licensees of ASCAP, or any required payment similar measure of ASCAP'S activities, and (i) ASCAP has taken reasonable steps to be exempted or report that excused from paying such tax; and (ii) ASCAP is not made or submitted within thirty days of permitted by law to pass through such tax to its due date. licensees, LICENSEE shall pay to ASCAP a $25 service charge for each unpaid check, draft or other form the full amount of instrument submitted by LICENSEE to ASCAPsuch tax.

License Fees, Reports and Payments. (a) In consideration of the license granted hereinin this Agreement, LICENSEE agrees to pay ASCAP SOCIETY the applicable license fee for each concert presented based on presentation as set forth in the Rate Schedule, Fee Schedule attached to and made a part of this Agreement, based on "LICENSEE's Operating Policy". The term "LICENSEE's Operating Policy, as used in this Agreement, shall mean all of the factors which determine the license fee applicable to each presentation under the attached Fee Schedule. (b) Fifteen days after the end of each calendar quarter of this Agreement, LICENSEE shall submit to ASCAP a report in printed or computer readable form stating whether concerts were presented during the previous quarter. For SOCIETY no later than January 31, April 30, July 31 and October 31 of each concert presented during the previous quarter, the report shall stateyear: (i) written notice of each presentation conducted during the preceding calendar quarter, on forms supplied free of charge by SOCIETY, stating the date presented;of the presentation, the address of the premises and the LICENSEE's Operating Policy for each presentation; and (ii) the name payment of the attraction(s) appearing; (iii) applicable license fee for all presentations presented during the namepreceding calendar quarter, location and seating capacity provided, however, that LICENSEE shall submit payment of an amount not less than the venue where the concert was presented (Where the total seating capacity of a location has been altered to accommodate a particular performance, the term "Seating Capacity" shall mean the total number of seats made available for that particular performance and shall be so indicated on the report.); (iv) the "Gross Revenue" of the event ("Gross Revenue" means all monies received by LICENSEE or on LICENSEE’S behalf from the sale of tickets applicable minimum annual license fee for each concert. Gross revenue shall not include per ticket entertainmentcalendar year together with the report due by April 30 of each year, amusementand provided further, or sales taxes, commissions or fees paid to automated ticket distributors, such as "Ticketmaster," per-ticket theatre restoration or other facility fees, or parking fees when included in that if the ticket price.) LICENSEE may deduct from "Gross Revenue" the portion of the ticket price donated by the performing artist to a specific charity, provided that the deduction may not exceed $5.00. The LICENSEE shall furnish ASCAP with a copy of the artist agreement setting forth the exact amount of the charitable donation per ticket sold; (v) if payment so submitted is greater than the concert is a "Benefit Event," amount otherwise shown due by the name and address report, LICENSEE shall receive an on account credit in the amount of the organization for which the benefit is conducted. "Benefit Event" means a concert which is not exempt from copyright liability under Section 110(4) of the United States Copyright Law, and which is held to raise money for a specific, bona fide charitable institution or cause, not affiliated in any way with LICENSEE, to which all the proceeds from the concert, after deducting the reasonable costs of producing the concert, are donated. LICENSEE, upon ASCAP’s request, shall provide documentation of expenses and proof of payment to the institution or cause; (vi) the license fee due for each concert; and (vii) the total license fees due for the previous quarterdifference. (c) License fees shall be payable at In the time the quarterly report is submitted. The minimum annual fee shall be payable within thirty days of invoicing by ASCAP. (d) If LICENSEE presents, sponsors or promotes a concert with another person or entity licensed under ASCAP’s Concert & Recital License Agreement, LICENSEE’S quarterly report shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment. If the other party is not licensed by ASCAP under an ASCAP Concert & Recital or Symphony Orchestra License Agreement, event LICENSEE shall fail to pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (e) If LICENSEE fails to submit a report or payment in a timely manner, ASCAP may calculate the fees due from data provided by concert industry publications such as Pollstar or based upon fees payable in prior years. (f) LICENSEE shall furnish to ASCAP, where available, at the same time payment of license fees is made a program containing a list of all musical workswhen due to SOCIETY, including encores, performed in each of LICENSEE’S concerts. (g) LICENSEE shall pay a finance charge on the license fees due of 1.51-1/2% per month month, or the maximum rate permitted by law, whichever is less, from the date duesuch license fees should have been paid. (d) In the event that LICENSEE's payment of fees under this Agreement causes SOCIETY to incur a liability to pay a gross receipts, sales, use, business use, or other tax which is based on the amount of SOCIETY's receipts from LICENSEE, the number of licensees of SOCIETY, or any required payment similar measure of SOCIETY's activities, and (i) SOCIETY has taken reasonable steps to be exempted or report that excused from paying such tax; and (ii) SOCIETY is not made or submitted within thirty days of permitted by law to pass through such tax to its due date. licensees, LICENSEE shall pay ASCAP a $25 service charge for each unpaid check, draft or other form to SOCIETY the full amount of instrument submitted by LICENSEE to ASCAPsuch tax.

License Fees, Reports and Payments. (a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP SOCIETY the applicable license fee for each concert presented based on set forth in the Rate Schedule, attached to Schedule annexed hereto and made a part of hereof, based on "LICENSEE's Operating Policy." The term "LICENSEE's Operating Policy," as used in this Agreement, means all of the factors which determine license fee applicable to the orchestra under the attached Rate Schedule. (b) Fifteen days after the end of each calendar quarter of this Agreement, LICENSEE shall submit furnish reports to ASCAP a SOCIETY upon entering into this Agreement and on or before each succeeding October 1, on forms provided free of charge by SOCIETY. (c) Each report in printed or computer readable form stating whether concerts were presented during to be furnished hereunder shall state the previous quarter. For each concert presented during the previous quarter, the report shall state: following: (i) the date presented; Adjusted Box Office for the preceding Season; and (ii) the name of the attraction(s) appearing; (iii) the name, location and seating capacity of the venue where the concert was presented (Where the total seating capacity of a location has been altered to accommodate a particular performance, the term "Seating Capacity" shall mean the total number of seats made available for that particular performance and shall be so indicated on the report.); (iv) the "Gross Revenue" of the event ("Gross Revenue" means all monies received by LICENSEE or on LICENSEE’S behalf from the sale of tickets for each concert. Gross revenue shall not include per ticket entertainment, amusement, or sales taxes, commissions or fees paid to automated ticket distributors, such as "Ticketmaster," per-ticket theatre restoration or other facility fees, or parking fees when included in the ticket price.) LICENSEE may deduct from "Gross Revenue" the portion of the ticket price donated by the performing artist to a specific charity, provided that the deduction may not exceed $5.00. The LICENSEE shall furnish ASCAP with a copy of the artist agreement setting forth the exact amount of the charitable donation per ticket sold; (v) if the concert is a "Benefit Event," the name and address of the organization for which the benefit is conducted. "Benefit Event" means a concert which is not exempt from copyright liability under Section 110(4) of the United States Copyright Law, and which is held to raise money for a specific, bona fide charitable institution or cause, not affiliated in any way with LICENSEE, to which all the proceeds from the concert, after deducting the reasonable costs of producing the concert, are donated. LICENSEE, upon ASCAP’s request, shall provide documentation of expenses and proof of payment to the institution or cause; (vi) the license fee due for each concert; and (vii) the total license fees due for then-current Season pursuant to the previous quarter. (c) License fees shall be payable at the time the quarterly report is submitted. The minimum annual fee shall be payable within thirty days of invoicing by ASCAPRate Schedule. (d) If LICENSEE presents, sponsors or promotes a concert with another person or entity licensed under ASCAP’s Concert & Recital License Agreement, LICENSEE’S quarterly report shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment. If the other party is not licensed by ASCAP under an ASCAP Concert & Recital or Symphony Orchestra License Agreement, LICENSEE shall pay SOCIETY the license fees due hereunder as follows: (a) Upon entering into this Agreement, the license fee due hereunderfor the then-current Season, notwithstanding any agreement to as shown by the contrary between LICENSEE and the other party.report due at that time; and (eb) If LICENSEE fails to submit a By each succeeding October 1, the license fee due for the then-current Season, as shown by the report or payment in a timely manner, ASCAP may calculate the fees due from data provided by concert industry publications such as Pollstar or based upon fees payable in prior yearsthat date. (f) In the event LICENSEE shall furnish to ASCAP, where available, at the same time be more than three months delinquent in payment of license fees is made a program containing a list of all musical worksdue on or after October 1, including encores1994 hereunder, performed in each of LICENSEE’S concerts. (g) LICENSEE shall pay a finance charge on the license fees due of 1.51% per month month, or the maximum rate permitted by law, whichever is less, from the date such license fees were due. (a) SOCIETY shall have the right to require from LICENSEE such reasonable data or information in addition to that furnished by LICENSEE under subparagraph "6(b)" of this Agreement as may be deemed necessary in order to ascertain the Adjusted Box Office, on as provided by this Agreement. SOCIETY shall have the further right, by its duly authorized representatives, at any time during customary business hours, to examine the books and records of account of LICENSEE only to such extent as may be necessary to verify such statement or statements as may be required payment by this Agreement. SOCIETY shall consider all data and information coming to its attention as the result of any such examination of books and records as completely and entirely confidential. (b) The period for which SOCIETY may audit pursuant to this Agreement shall be limited to three Seasons preceding the Season in which the audit is made provided, however, that if an audit is postponed at the request of LICENSEE, SOCIETY shall have the right to audit for the period commencing with the third Season preceding the Season in which notification of intention to audit was first given by SOCIETY to LICENSEE. This three Season limitation shall not apply if LICENSEE fails or refuses after written notice from SOCIETY to produce the books and records necessary to verify any report that is not made or submitted within thirty days statement of its accounting rendered pursuant to this Agreement. Nothing herein shall restrict SOCIETY's right to audit under previous license agreements, for a limit of three Seasons for all such license agreements. (c) In the event any such audit shows LICENSEE to have underpaid the license fees due date. SOCIETY by 5% or less, LICENSEE shall pay ASCAP a finance charge on the additional license fees due at the rate of 1% per month, or at the maximum rate permitted by law, whichever is less, from the date SOCIETY demands payment of such amount. (d) In the event any such audit shows LICENSEE to have underpaid the license fees due SOCIETY by more than 5%, LICENSEE shall pay a finance charge on the additional license fees due at the rate of 1% per month, or at the maximum rate permitted by law, whichever is less, from the date(s) the license fees were due. (a) Upon any breach or default by either party of any term or condition contained herein, the other party may terminate this license by giving the party in default thirty days' notice to cure such breach or default; and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice. In the event of such termination, SOCIETY shall refund to LICENSEE any unearned license fees paid in advance. (b) SOCIETY shall have the right to terminate this Agreement on thirty days' notice in the event that LICENSEE's annual total expenses as determined by the Xxxxxxxx Xxxxxxxx Xxxxxxxxx League for any year during the term hereof shall exceed $25 service charge for each unpaid check250,000. In the event of such termination, draft or other and provided that LICENSEE was not otherwise in default under its terminated license, LICENSEE shall have the right to enter into the then-current applicable form of instrument submitted by LICENSEE to ASCAPASCAP license agreement.