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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/19/2002
Board
Board of Commissioners
Meeting Type
Regular
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paper, printer toner and ribbons, shall be paid for by Principal, and Principal shall be responsible <br />for maintaining adequate Supplies thereof to assure continuous operations at the Facility. <br /> <br /> 6. Limitation of Liability. In the event of any breach of this Agreement by <br />Ticketmaster which may be caused by the breakdown or malfunction of the TM System or by <br />Ticketmaster's failure to provide required maintenance service or to keep the TM System in <br />operating condition, the limit of any claim of loss by Principal shall be no greater than the direct <br />proven financial loss sustained by virtue of such breach. In no event shall Ticketmaster be liable <br />for incidental or consequential damages for any breach of this Agreement or for lost revenues or <br />for lost opportunity. Neither occasional short term interruptions of service which are not <br />unreasonable under comparable industry standards nor interruptions of service resulting from <br />events or circumstances beyond Ticketmaster's reasonable control shall be cause for any .liability <br />or claim against Ticketmaster hereunder, nor shall any such occasion render Ticketmaster in <br />default under this Agreement. <br /> <br /> 7. Training of Facility Box Office Employees. Principal shall staff the Facility <br />Box Office with its employees for the proper operation of the TM System for Ticket sales made <br />through the Facility. Ticketmaster shall train, at its expense, Principal's employees who shall be <br />reasonably necessary for the initial staffing of the Facility Box Office and for initial operation of <br />the TM System at the Facility. Ticketmaster shall also provide additional training at its cost to <br />other employees of Principal to the extent such training is necessary as a consequence of changes <br />in, or a modification of, the Hardware or Software or in Ticketmaster's method of operation. To <br />the extent of any change in personnel by Principal in connection with Facility Box Office sales <br />requiring additional training beyond that initially contemplated hereunder, Principal agrees to <br />absorb all of the expenses thereof. <br /> <br /> 8. Facility Box Office Ticket Pick-Up. At all times during the Term of this <br />Agreement, Principal shall maintain a designated Facility Box Office location for the pick-up of <br />Tickets purchased through Intemet Sales and Telephone Sales. The pick-up location shall be <br />open during the normal hours of operation of the Facility Box Office. <br /> <br /> 9. Attraction Set-Up. In order to effectively utilize Ticketmaster's distribution <br />technologies, within a reasonable time before (but in no event less than the time period described <br />below) the scheduled on-sale date of Tickets for each Attraction (the "On-Sale Date"), Principal <br />shall furnish Ticketmaster with all necessary information with respect to the Attraction, <br />including, without limitation, seating layout of the Facility, Ticket structure, discounts <br />permissible, Attraction Taxes, Ticket header information, color logos, entry information, vision <br />and hearing information, wheelchair and other accessible seating information and such other <br />information as is necessary for the proper sale of Tickets at the Facility Box Office, at all Outlets, <br />by Internet Sales and Telephone Sales-(collectively, the "Set,Up Information"). Principal must <br />provide the Set-Up Information to Ticketmaster at least five (5) business days prior to the On- <br />Sale Date for new Attractions which do not utilize seating charts then existing in the TM System. <br />Principal must provide the Set-Up Information to Ticketmaster at least two (2) business days <br />prior to the On-Sale Date for new Attractions which utilize seating charts then existing in the TM <br />System. Notwithstanding anything contained herein to the contrary, Ticketmaster shall have no <br />responsibility and Principal shall indemnify and hold Ticketmaster harmless from and against <br />any and all liabilities, claims, expenses (including court costs and reasonable attorneys' fees) and <br /> <br />C:\WlNDOWS~Desktop\Cabarrus Arena LUA Final 051702.doc <br /> <br />7 <br /> <br /> <br />
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