FOURTH AMENDMENT TO
EXHIBITION TOUR AGREEMENT
THIS AMENDMENT TO EXHIBITION TOUR AGREEMENT ("Agreement") is entered into
this First day of May, 2002, by and between RMS TITANIC, INC., a Florida
corporation ("RMST") and CLEAR CHANNEL ENTERTAINMENT - EXHIBITS, INC., a
Delaware corporation, formerly known as SFX FAMILY ENTERTAINMENT, INC., a
Delaware corporation and successor in interest to MAGICWORKS ENTERTAINMENT, INC.
("CCE Exhibits").
RECITALS
A. RMST and CCE Exhibits have previously entered into that Agreement dated
March 31, 1999;
B. RMST and CCE Exhibits amended that Agreement on September 18, 2000 ("First
Amendment");
C. RMST and CCE Exhibits amended that Agreement on May 7, 2001 ("Second
Amendment");
D. RMST and CCE Exhibits amended that Agreement on March 7, 2002 ("Third
Amendment"); and,
E. RMST and SFXFE desire to amend certain provisions contained in the Agreement,
First Amendment , Second Amendment and Third Amendment ("Fourth Amendment") as
more fully set forth herein.
FOURTH AMENDMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the
receipt and sufficiency of which is hereby mutually acknowledged, the parties
hereto do hereby agree as follows:
1. Defined Terms. Each capitalized term used in this Fourth Amendment which is
not defined herein will have the meaning assigned thereto pursuant to the
provisions of the Agreement, First Amendment, Second Amendment and Third
Amendment.
2. Modification to Provisions Relating to the Term. The provisions in the
Agreement, First Amendment, Second Amendment and Third Amendment relating to the
term of the Agreement, First Amendment, Second Amendment and Third Amendment are
hereby amended as follows:
(a) Time Periods Covered by the Extension Period. The text of Section 12.1
of the Agreement, Section 3 of the First Amendment, Section 3 of the Second
Amendment and Section 3 of the Third Amendment are hereby deleted in their
entirety and replaced with the following:
Begin Date End Date
---------- --------
Extension Period January 6, 2003 December 31, 2003
(b) Any further modifications to the Extension Period shall be mutually
agreed to by the parties in writing.
(c) All other terms and provisions of the Agreement, First Amendment,
Second Amendment and Third Amendment shall apply with respect to the Extension
Period. The parties hereby expressly agree and acknowledge that, to the extent
not modified by this Fourth Amendment, the Agreement, First Amendment, Second
Amendment and Third Amendment will remain in full force and effect throughout
the Extension Period.
3. Ratification. Except as expressly amended hereby, the Agreement, First
Amendment, Second Amendment and Third Amendment are ratified, confirmed and
carried forward in all respects by the parties hereto.
EXECUTED as of the date first set forth above:
RMS TITANIC, INC.
By: _____________________________
Name: ___________________________
Title: ____________________________
CLEAR CHANNEL ENTERTAINMENT - EXHIBITS, INC.
By: _____________________________
Name: ___________________________
Title: ____________________________
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