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AG 2002 08 19 (Regular)
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AG 2002 08 19 (Regular)
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Last modified
3/2/2006 5:01:40 PM
Creation date
11/27/2017 11:43:52 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/19/2002
Board
Board of Commissioners
Meeting Type
Regular
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4. Exclusive Rights. <br /> <br /> (a) Principal hereby grants to Ticketmaster, and Ticketmaster accepts from <br />Principal, the exclusive right during the Term of this Agreement to sell, as Principal's exclusive <br />agent, all Tickets for any Attraction made available to the public, via any and all means and <br />methods, including, without limitation, Outlets, by Internet Sales and Telephone Sales, utilizing <br />the TM System. Principal retains the right to sell single Tickets from the Facility Box Office to <br />persons physically present at the Facility Box Office; provided, however, that Principal shall not <br />directly or indirectly (i) use, or authorize or permit the use of, the equipment or services of any <br />computerized or Internet ticketing company or system other than Ticketmaster in connection with <br />the sale of Tickets at the Facility Box Office or otherwise; or (ii) sell Tickets to any person who <br />Principal believes (or has a reasonable basis to believe) will sell such Tickets using the <br />.equipment or services of any computerized or Internet ticketing company or system other than <br />Ticketmaster. Principal will be deemed to have a reasonable basis to believe that a person will <br />sell Tickets using a third party system if such person or any of its affiliates has actually done so <br />with respect to any of Principal's tickets at any time in the past. <br /> <br /> (b) It is agreed and understood that neither Ticketmaster nor Principal <br />guarantees or will guarantee that any minimum or fixed number of Tickets will be sold through <br />the TM System for any Attraction. <br /> <br /> (c) Principal.shall not directly or indirectly authorize or permit any Tickets for <br />any Attraction which are retained, purchased, controlled or otherwise acquired or obtained by any <br />person controlling or participating in an At[raction, including, without limitation, its promoter, its <br />sponsor and the act or event itself, as appropriate, or any of their affiliates to be sold or <br />distributed in any way and for any purpose using the equipment or services of any computerized <br />or Internet ticketing company or system other than Ticketmaster. <br /> <br /> (d) The use of the terms "sale," "sell" and any derivations thereof in this <br />Agreement shall include any distribution, whether or not for consideration, by any means or <br />method (including without limitation, on the Internet or by auction) and shall include resales. <br /> <br /> (e) The parties agree that the exclusive ticketing rights granted to <br />Ticketmaster herein are to include all future methods of and technologies for Ticket distribution <br />which may be developed from time to time by Ticketmaster or its affiliates during the Term of <br />this Agreement, including, without limitation, new ways of selling, distributing and accepting <br />Tickets. <br /> <br />5. TM System Use and Operation. <br /> <br /> (a) License of Hardware and Software: Ticketmaster hereby grants <br />Principal a non-exclusive, non-transferable license to use the Software and Hardware during the <br />Term hereof for the purpose of accessing the TM System in connection with sales of Tickets to <br />the Attractions as contemplated under this Agreement. <br /> <br /> (b) Installation; Line Costs: Following the execution of this Agreement, <br />Ticketmaster shall proceed with due diligence to install the Hardware and to provide Principal <br />with on-line access to the Software to facilitate Ticket sales on behalf of Principal in a manner <br /> <br />C:\WINDOWS~Desktop\Cabarms Arona LUA Final 081702,doc <br /> <br />5 <br /> <br /> <br />
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