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<br />4. SET-UP: Lessee shall be given time, beginning at 5:00 p.m. each Event date, to install <br />equipment and other property and conduct affairs related to that dates Event. However, such <br />installation must be pre-approved by Lessor in writing, all such equipment and property shall be <br />removed from the Leased Premises and the Leased Premises vacated on or before 11 :00 p.m. <br />each use date. Lessee is respònsible for any damage to the Leased Premises resulting from the <br />installation and removal of any such equipment and other property. <br /> <br />, 5. LESSEE PRESENCE: Lessee agrees to be present upon the Leased Premises during the set- <br />up for Event(s), during the Event(s) and during dismantling of the set-up. <br /> <br />6. RENT: During the initial tenn of this lease, in addition to any other sums due and owing <br />Lessor hereunder, Lessee agrees to pay to Lessor for the use of the Leased Premises ~ace, the <br />base rental aggregate sum of forty five thousand dollars ($45,000.00) ("Rent") or an average cost <br />of two thousand five hundred dollars ($2500.00) for each use date. A non-refundable cash <br />deposit often thousand dollars ($10,000.00) or a non-revocable letter of credit in the amount of <br />ten thousand dollars ($10,000.00) net of all costs and expenses attendant to such letter of credit <br />(which expenses shall' be the sole responsibility of Lessee) drawn on a financial institution <br />acceptable to Lessor and the language of which is approved by Lessor's counsel, is required <br />upon the execution and delivery of this lease. Provided Lessee is not in default under this lease, <br />Rent payments may be made in increments in arrears on the last day of each month for all use <br />dates during such month. Rent of the Leased Premises for any dates other than those dates set <br />forth above will require additional fees and deposits, to be paid in advance. If for any reason, the <br />Rent or any other sum owed Lessor hereunder is not paid as agreed, any box office receipts in <br />the possession of Lessor maybe applied to the payment of any such sums owed by Lessee to <br />Lessor and Lessor is entitled to set-off those sums prior to any remittance to Lessee. Lessee <br />waives all rights to and hereby grants to Lessor a security interest in that portion of the box office <br />receipts necessary to pay the Rent and any other sums owed by Lessee to Lessor in full. Lessee <br />hereby grants Lessor pennission to execute Lessee's name to any instrument evidencing such <br />security interest to Lessor. In the event there is a deficiency, Lessee hereby agrees to promptly <br />, pay such deficiency. It is agreed between the Lessor and Lessee, that in addition to the Rent, <br />Lessee agrees to pay to Lessor all applicable federal, state and local licenses, taxes, assessments, <br />and fees (unless said Lessee is exempted from paying said tax and provides Lessor written <br />confinnation from an appropriate authority of such exemption). The Lessor shall remit such tax <br />to the appropriate governmental entity. <br /> <br />7. EQUIPMENT AND SERVICES PROVIDED BY LESSOR: The Lessor shall provide the <br />following equipment, labor and services at no additional charge for each use date: <br /> <br />1. Seating for a minimum of 3500 attendees <br />2. Basketball floor, standards, game clock, and shot clock approved by the ABA <br />3. Scorer's tables and chairs for team benches <br /> <br />1;-3 <br />