Live Nation’s Paid Ticketing and Related Business Records; City Right to Audit Sample Clauses

Live Nation’s Paid Ticketing and Related Business Records; City Right to Audit. Live Nation shall maintain during the Term of this Agreement, such ticketing reports, including backup data, of the number of all paid, dropped, and gross tickets for each Event, customer data, personally identifiable information of customers, personal data as defined by Applicable Law, and artist contracts (collectively, “Records”) relating to this Agreement as are customary for business operations comparable to Live Nation’s in order to ascertain, among other things, the number of paid tickets to Events. Such Records shall be available upon reasonable request for City’s inspection. City acknowledges that Live Nation’s Records, regardless of the form or medium in which they are maintained, concerning Live Nation’s business activities, ideas, products, research, processes, methodologies, customers and technical knowledge (including all proprietary business information, such as Live Nation’s booking process (including but not limited to artists with holds on the Facility schedule), the Facility calendar, on sale and announce dates, Facility license agreements and their terms, artist offers, guarantees, deposits, artist contracts, riders, show costs, show settlements, flash reports, and non-manifested seats) constitute trade secrets as defined in the Defend Trade Secrets Act, Uniform Trade Secrets Act, and California Uniform Trade Secrets Act, and shall be maintained as strictly confidential information by City and not subject to public records disclosures, subject to the City’s obligations to comply with the California Public Records Act, a duly issued subpoena, court order, or law or regulation mandating disclosure (but in any such case, City shall give Live Nation at least ten (10) business days’ written notice of the type and scope of any such required disclosure City must make, and Live Nation shall be entitled to seek an injunction or court-order preventing or narrowing such disclosure if there exists a reasonable legal basis to do so). City shall have the right to conduct an audit of the Records for any year within the immediately prior three (3) year period. If any audit reveals that Live Nation underreported ticket sales, Live Nation shall promptly pay to City any unpaid Ticket Surcharges. If any audit reveals that Live Nation underreported ticket sales by more than five percent (5%), Live Nation shall be responsible for the cost of the audit. City shall be responsible for the cost of any audit performed pursuant to this Section for which Live Natio...
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