AG 2002 08 19 (Regular) - Laserfiche WebLink

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Ticketmaster for any and all such Attraction Taxes paid by Ticketmaster, including penalties and interest assessed with respect thereto (other than Attraction Taxes, penalties and interest that Ticketmaster pays directly out of Principal's Ticket Keceipts), and shall also promptly reimburse Ticketmaster for any and all expenses (including reasonable attorneys' fees) or damages that result from the failure by Principal to properly calculate and timely remit Attraction Taxes, to timely file all returns or reports, or to timely reimburse Ticketmaster for any and all such Attraction Taxes, interest and penalties as provided above. Notwithstanding the foregoing, in the event that Ticketmaster is ever required by applicable law to remit Attraction Taxes directly and file related tax returns or reports, Ticketmaster shall have the right to do so upon notice to Principal, and thereafter "Ticket Keceipts" shall be defined to be reduced by such Attraction Taxes. (c) Principal certifies that Principal's federal taxpayer identification number (FEIN or SSN) is Principal further certifies that its state taxpayer identification or registration number for the state in which the Facility is located is , under which Principal remits Attraction Taxes. 13. Audit of Sales. At all times during the Term of this Agreement, (i) Principal shall have the right at its own expense to audit Ticket sales for Attractions made by Ticketmaster to assure its compliance with the terms of this Agreement, and (ii) Ticketmaster shall have the right at its own expense to audit Ticket sales for Attractions made by Principal and by others (including, without limitation, the promoter and sponsor' of any Attraction and the act or event itself) to assure their compliance with the terms of this Agreement. 14. Protection of Hardware. Principal acknowledges that the Hardware will be used by Principal at the Facility, which location Ticketmaster does not own, operate or control. Accordingly, the parties agree as set forth below with respect to the Hardware: (a) Loss and Damage: Principal hereby assumes and shall bear the entire risk of loss and damage to the Hardware, ordinary wear and tear excepted, whether or not insured against, once installed, unless occasioned by the negligence of Ticketmaster, from any and every cause whatsoever from the date of delivery of the Hardware to the Facility until removal thereof following termination of this Agreement'. No such loss or damage to the Hardware shall impair any obligation of Principal under this Agreement. In the event of loss or damage of any kind to any Hardware, Principal, at its sole option, shall' within thirty (30) days after such loss or damage: (i) Place the same, or replace the same with similar property, in good repair, condition and working order to the satisfaction of Ticketmaster; or (ii) Pay Ticketmaster in cash the full replacement cost Of the Hardware, and Ticketmaster shall promptly install new hardware to replace the lost or damaged Hardware. (b) Insurance: (i) Principal shall, at its own expense, provide and maintain at all times during the Term hereof insurance to protect the Hardware against loss caused by fire (with extended coverage), vandalism, malicious mischief, theft, or any other cause in an amount equal to the full replacement value of the Hardware as determined by Ticketmaster. Should Principal 10 j C :\WINDOWS~Desktop\Cabarms Arena LUA Final 081702.doc ~,~ ~/5