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