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Etix Proposal <br /> <br /> CLIENT and THE CLIENT shall thenceforth be solely responsible for making any <br /> further refunds. THE CLIENT shall indemnify and hold INTELLI-MARK harmless <br /> from any loss, liability, cost or expense arising from refund claims made after the <br /> expiration of said 30-day period. <br /> D. Scanners may be rented for $75/month each (may be adjusted annually for <br /> inflation). During months when online ticket sales are above 375 tickets per month, <br /> there will be no charge for one scanner for that month. CLIENT agrees to pay all <br /> shipping charges related to the delivery and return of equipment. INTELLI-MARK <br /> will provide initial training via telephone and email. <br />E. INTELLI-MARK will provide 24 hour a day technical support via phone support. <br />· G. On-site training may be mutually agreed upon by INTELLI-MARK and the CLIENT. <br /> Within reason, there shall be no charge for support. CLIENT shall reimburse <br /> INTELLIMARK for all expenses related to onsite support and training including but not <br /> limited to travel, lodging, and hardware. <br /> <br />VI. OBLIGATIONS OF THE CLIENT. THE CLIENT agrees that it shall: <br /> <br />A. Allow INTELLI-MARK to withhold INTELLI-MARK convenience fee as def'med in <br /> Section IV of this agreement. <br />B. Honor or cause to be honored all Tickets properly issued by INTELLI-MARK. <br />C. Comply with INTELLI-MARK' reasonable business practices concerning the return <br /> or exchange of Tickets, if any such were allowed. <br />D. Allow the sale of all Open Seats/Open Admissions associated with the Attraction via <br /> the SYSTEM. The availability and selection of Open Seats/Open Admissions shall <br /> be the same for both the SYSTEM and THE CLIENT box office operations, if any. <br /> <br />In the event that the Attraction is cancelled for any reason and a refund . is given to <br />ticket purchasers, CLIENT agrees to pay INTELLI-MARK 3.5% of the gross ticket <br />price to cover refund charges. <br /> <br />Within this, INTELLI-MARK shall adhere to the refund policy of the CLIENT <br /> <br />VII. <br /> <br />"Purchase and print your own tickets at <YOUR <br />pOwered by <ETIX. corn or Etix LOG()>" <br /> <br />ADVERTISING. INTELLI-MARK may at its discretion, promote and advertise the <br />Attractions and the availability of Tickets through the SYSTEM, and may use the name of <br />THE CLIENT, the Attraction, the Facility, and the performers, artists, or other persons <br />connected therewith. THE CLIENT shall, in advertising or other promotional material, <br />which it creates, causes to be produced, controls, or recommends, to feature the Etix.com <br />logo along with the tag: <br /> ~EBSI~I~E ADDRESS>. <br /> <br />VIII. <br /> <br />INDEMNITY.. Each party shall, .at all times, indemnify, defend, and hold harmless the <br />other party against and from all claims, actions, demands, costs, damages, losses, or <br />expenses of any kind whatsoever, resulting from or connected with the indemnifying <br />party's operation or the omission of any act, lawful or unlawful, by the indemnifying party <br />or its agents and employees. <br /> <br />IX. <br /> <br />PREMATURE TERMINATION BY EITHER PARTY. Either party hereto may <br />terminate this Agreement in the event that the other party: <br />A. Fails to account and make payments hereunder, and such failure is not cured within <br /> ten (10) days after written notice thereof is sent to the other party; or <br />B. Fails to perform any other obligation required of it hereunder, and such failure is not <br /> cured within thirty (30) days after written notice thereof is sent to the other party. <br /> Such termination shall be effective upon the notifying party mailing a notice to the <br /> <br /> <br />