AG 2002 08 19 (Regular) - Laserfiche WebLink

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paper, printer toner and ribbons, shall be paid for by Principal, and Principal shall be responsible for maintaining adequate Supplies thereof to assure continuous operations at the Facility. 6. Limitation of Liability. In the event of any breach of this Agreement by Ticketmaster which may be caused by the breakdown or malfunction of the TM System or by Ticketmaster's failure to provide required maintenance service or to keep the TM System in operating condition, the limit of any claim of loss by Principal shall be no greater than the direct proven financial loss sustained by virtue of such breach. In no event shall Ticketmaster be liable for incidental or consequential damages for any breach of this Agreement or for lost revenues or for lost opportunity. Neither occasional short term interruptions of service which are not unreasonable under comparable industry standards nor interruptions of service resulting from events or circumstances beyond Ticketmaster's reasonable control shall be cause for any .liability or claim against Ticketmaster hereunder, nor shall any such occasion render Ticketmaster in default under this Agreement. 7. Training of Facility Box Office Employees. Principal shall staff the Facility Box Office with its employees for the proper operation of the TM System for Ticket sales made through the Facility. Ticketmaster shall train, at its expense, Principal's employees who shall be reasonably necessary for the initial staffing of the Facility Box Office and for initial operation of the TM System at the Facility. Ticketmaster shall also provide additional training at its cost to other employees of Principal to the extent such training is necessary as a consequence of changes in, or a modification of, the Hardware or Software or in Ticketmaster's method of operation. To the extent of any change in personnel by Principal in connection with Facility Box Office sales requiring additional training beyond that initially contemplated hereunder, Principal agrees to absorb all of the expenses thereof. 8. Facility Box Office Ticket Pick-Up. At all times during the Term of this Agreement, Principal shall maintain a designated Facility Box Office location for the pick-up of Tickets purchased through Intemet Sales and Telephone Sales. The pick-up location shall be open during the normal hours of operation of the Facility Box Office. 9. Attraction Set-Up. In order to effectively utilize Ticketmaster's distribution technologies, within a reasonable time before (but in no event less than the time period described below) the scheduled on-sale date of Tickets for each Attraction (the "On-Sale Date"), Principal shall furnish Ticketmaster with all necessary information with respect to the Attraction, including, without limitation, seating layout of the Facility, Ticket structure, discounts permissible, Attraction Taxes, Ticket header information, color logos, entry information, vision and hearing information, wheelchair and other accessible seating information and such other information as is necessary for the proper sale of Tickets at the Facility Box Office, at all Outlets, by Internet Sales and Telephone Sales-(collectively, the "Set,Up Information"). Principal must provide the Set-Up Information to Ticketmaster at least five (5) business days prior to the On- Sale Date for new Attractions which do not utilize seating charts then existing in the TM System. Principal must provide the Set-Up Information to Ticketmaster at least two (2) business days prior to the On-Sale Date for new Attractions which utilize seating charts then existing in the TM System. Notwithstanding anything contained herein to the contrary, Ticketmaster shall have no responsibility and Principal shall indemnify and hold Ticketmaster harmless from and against any and all liabilities, claims, expenses (including court costs and reasonable attorneys' fees) and C:\WlNDOWS~Desktop\Cabarrus Arena LUA Final 051702.doc 7