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TICKETING SERVICES AGREEMENT <br /> <br />Etix Proposal <br /> <br />THIS AGREEMENT is made this April 1, 2002 by and between Cabarrus Arena & Events Center. ("THE <br />CLIENT") hereinafter referred to as THE CLIENT and Intelli-Mark Technologies, Inc. ("INTELLI- <br /> <br /> IN CONSIDERATION of the mutual covenants contained herein being kept paid and performed, <br />the parties hereto agree as follows: <br /> <br /> DEFINITIONS: As used through this Agreement. <br />A. ATTRACTION shall mean the theatrical production, sporting event, permanent or <br /> temporary exhibit or other entertainnient feature produced or presented, in whole or <br /> in part, by THE CLIENT for which tickets are sold. An Attraction may only be one <br /> event if only one event is presented. It may also encompass more than one event or <br /> a series of events. <br />B. FACILITY/VENUE shall mean the theater, arena, stadium, concert hall, or other <br /> premises where an Attraction is to be performed. <br />C. OPEN SEATS shall mean the Tickets to an Attraction available for sale to the <br /> public. <br />D. OPEN ADMISSIONS shall mean the Tickets to an Attraction available for sale to <br /> the public. <br />E. CONVENIENCE FEE shall mean monies Charged to Ticket purchasers by <br /> INTELLI-MARK for the Ticket purchaser's convenience of utilizing the SYSTEM. <br />F. SYSTEM shall mean the system developed and established by INTELLI-MARK, as <br /> modified fi.om time to time, for the gale of Tickets via the Internet and permitting <br /> remote printing by purchasers of such TICKETS. <br />G. TICKETS shall mean evidence of the right to occupy space or obtain entry to the <br /> Attraction. <br />H. TOTAL RECEIPTS shall mean all monies received by INTELLI-MARK in <br /> connection with the sale of Tickets, exclusive of any Convenience Fee or handling <br /> fee, and any other fees due INTELLI-MARK, and applicable taxes. <br /> <br />II. <br /> <br />AUTHORIZATION. THE CLIENT hereby grants to INTELLI-MARK the authority to <br />sell, on behalf of THE CLIENT, Tickets through the SYSTEM for all events at the <br />Attraction as specifically outlined in the attached "event" and "venue" sheets (Exhibit A). <br />It is understood that INTELLI-MARK does not guarantee that any minimum or fixed <br />number of Tickets will be sold through the SYSTEM for the Attraction. <br /> <br />III. <br /> <br />TERM. The term of this Agreement shall be FIVE (5) YEARS fi.om the Effective Date <br />and shall automatically renew for a TWO (2) YEAR period, unless otherwise terminated <br />in writing within 30 days of the completion of the term. <br /> A second TWO (2) YEAR period shall begin immediately following the completion <br /> of the first two year extension unless otherwise terminated in writing within 30 days <br /> of the completion of the first extension. <br /> <br />IV. COMPENSATION AND AUDIT <br /> <br />Ao <br /> <br />'INTELLi-MARK shall be entitled to compensation for its services in connection <br />with Ticket sales through the SYSTEM as follows: <br />1. For Internet sales, THE CLIENT authorizes INTELLI-MARK to collect fi.om <br /> purchasers of Tickets a Convenience Fee in the amount of One Dollar plus <br /> eight percent ($1.00+ 8%) of the gross ticket price per Ticket and further <br /> authorizes INTELLI-MARK to such Convenience Fee for their own respective <br /> <br /> <br />