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HomeMy WebLinkAboutC87-121 BMI License Agreement•x RECEIVE[ BMI} AUG 241987 EAGLE COUNTY Broadcast Music, Inc 320 west 57th Street, New York, N.Y. 10019 212 586-2000 Cable Address: Brocastmus NY August 20, 1987 Dear Licensee: Enclosed, for your records, is a fully executed copy of the BMI License Agreement. We thank you for your cooperation and look forward to a long and pleasant association. Please feel free to contact us, if we can be of any future service to you. Very truly yours, Sal Marchese Operations Supervisor Licensing Department SM/jij S E R V I N G M U S I C S I N C E 1 9 4 0 NAGREEMENT, made at.ts#Ii,.N;1 BROADCAST MUSIC, INC., a corporatloR.orgi West 57th Street, New York, N.Y. 10019, andAj ) kt k doing buaines as r . .. • t t . r t ! F } t. PLEASE CHECK APPROPRIATE BOX X87 S/MA-84 - 121-12 ; 0 i' ..b.. ... `T ,,.. ... .. .. ........ „ E19 ........ between ed under the. laws of the State of New York (hereinafter called BMI) with principal offices at 320 " rffi$det ! a �•r r2}R s • r T '� et♦ .fi . . o b g �t gf t rT r rote at! r.+*••,t�: •,.Tri •t... t tilt •e �ubciivl s101l faf .the State ��e.,T.r,Qp.. rt!!rr!rSeSs trrr T+t } •d, xW"Yttt�t _ •:rr .,rR •rr.Jf ••j set ,r�a,,���t'd.t r.f��s �-i •t.tt r to �.tvs+r �.t•". rr.�r. � •4a�3rde.S�arrrt 4,T eY,et,3 l.•eTf • ,e•ere-ttr *rrirsr' $1531 ¢ }sY.,let>2S„d+te..A.10-1.3..G'1 SwE..k>tfe t fs4ip .tet s S, Lt.:E.+.R.l.es x. •,A r . t 1 f t T. e f . ' AND COMPLETE �,Q An)n0iyldpal res)idin9 4t . 4'j , � r . ,D, (hereinafter called "LiCENSEE"") withpf£iR ill affices IoOgled a ;,, r r, � ": _.. _.._ �_ .-e:p- `"--,1. t ..T.r� rpt ....T t1e11 R4t4 �T- 4• ts,l.f t •P� t 11- r Eagle City r� a�a=.� �n� ; r. _?L _.I_ ., --I,11 1.aI "WITNESSETH. WHEREAS, BMI is engaged in the business of licensing music for public performance, and } WHEREAS, LICENSEE proposes to perform, present or cause the performance of musical compositions at a "facility",(as hereinafter defined) as part of an "attraction" (as hereinafter defined); IT IS HEREBY AGREED AS FOLLOWS; 1. As used in this agreement: _ (a) "Facility" shall include, but not be limited to, a concert hall, stadium, auditorium, theatre..amphitheatre, stage and other similar place where an attraction may be presented, whether enclosed or not, within the United States of America, its territories and possessions. (b) "Attraction" shall mean a4 concert, variety show, dance or similar event (Including anevent sponsored byacharitable organization or`for a charitable purpose) which includes music, whether or not music is the principal type of entertainment. Any attraction which uses the term "festival" shall be covered by this agreement unless a) it iasts 12 hours or moreover one day or longer, b) the aggregate attendance during the course thereof exceeds 30,000 persons and c) four or more musical acts are engaged to perform. In such case, said attraction shall be deemed to be a Festival and shall not be embraced by this agreement, (c) "Seating capacity" shall mean the total number of seats permanently affixed in the facility where the attraction is presented plus any temporary seats added within the facility fora particular attraction. If the total number of seats made available for the attraction shall be less than that of the permanent seating capacity of the facility, "seating capacity" shall mean the total number of seats available for the particular attraction. It a facility does not have permanent seating, "seating capacity" shall mean the number of persons attending a particular attraction. 2. BMI hereby grants to LICENSEE a non-exclusive license solely to perform, present or cause the performance of, as part of the attraction(s) named in Paragraph 5 hereof, all of the musical works to which BMI shall have the right to grant public performance licenses during the course of said attraction(s). Said license shali'not include the right to simultaneously broadcast,, telecast, cablecast or otherwise transmit the ye a performances to persons outside of the facility in which they originate, Said license shall alsq. not Include dramatic rights. the right to perform dramatico-musical works In whole or insubstantial part, the right to present individual works In a dramatic setting or the right to use the music licensed hereunder in any other context which may constitute an exercise of the "grand rights" therein,, 3. BMI agrees to indemnify, save.harmless and defend LICENSEE, its officers and employees, from and against any and all claims, demands or suits that may be made or brought against them or any of them with respect to the performance of any material licensed under this agreement. Such indemnity shall be limited to works which are licensed by BMI at the time of LICENSEE's performances. BMI's Clearance Department will, upon request, advise LICENSEE whether particular works are available for performance as part of EMI's repertoire. LICENSEE agrees to give BMI Immediate notice of any such claim, demand or suit, to deliver to BMI any papers pertaining thereto, and to cooperate with BMI with respect thereto, and BMI shall have full, charge of the defense of any such claim, demand or suit, 4. All disputes of any kind, nature or description arising In connection with the terms and conditions of this agreement shall be submitted to the American Arbitration Association in New York, New York for arbitration under its then prevailing rules, the arbitrator(s) to be selected as follows: Each of the parties hereto shall, by written notice to the other, have the right to appoint one arbitrator. If, within ten (10) days following the giving of such notice by one party, the other shall not, by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. if two arbitrators are so appointed, they shall appoint a third arbitrator. if ten (10) days elapse after the appointment of the second arbitrator and the two arbitrators are unable to agree upon the third arbitrator, then either party may, In writing, request the American Arbitration Association to appoint the third arbitrator. The award made in the arbitration shall be binding and conclusive on the parties and judgment maybe, but need not be, entered In any court having jurisdiction. Such award shall include the fixing of costs, expenses and attorney's fees of arbitration, which shall be borne by the unsuccessful party. PLEASE COMPLETE SHADED ARE" ONLY C L A S S SEATING CAPACITY OF FACILITY USE HIGHEST STATED ADMISSION PRICE CHARGED $0.00 to $3.99 $4.00 to $7.99 $8.00 to $11.99 $12.00 $16.00 $20.00 to to and $15.99 $19.99 over 1 Up to 1,500 $ 25 $ 40 $ 60 $ 80 $100 $120 2 1,501 to 2,500 $ 40 $ 50 $ 70 $ 90 $115 $140 3 2,501 to 5,000 $ 55 $ 65 $ 90 $115 $135 $175 4 5,001 to 7,500 $ 70 $ 85 $125 $160 $185 $230 5 7,501 to 10,000 $ 95 $115 $175 $200 $230 $285 6 10,001 to 15,000 $145 $160 $200 $230 1 $265 $325 7 15,001 to 20,000 $200 $220 $250 .$280 $320 $380 8 20,001 to 25,000 $230 $245 $285: $310 $355 $425 9 25,001 to 40,000 $275 $300 $330 $370 $430 $485 10 40,001 and over $360 $380 $425 $465 $515 1 $585 u 6. This agreement constitutes the entire understanding between the parties and cannot be waived or added to or modified orally, and no waiver, addition or modification shall be valid unless in writing and signed by the parties. The rights of LICENSEE shall not be assignable. This agreement, Its validity, construction and effect, shall be governed by the laws of the State of New York. The factthat any provisions herein are found by a court of competent jurisdiction to be void or unenforceable shall not affect the validity or enforceability of any, other provisions:' IN WITNESS WHEREOF, this agreement has been executed by the duly authorized representatives of BMI and LICENSEE all as of the date first above written. K Coin fag e, . State of . CO BROADqAj3T MLIIC, INC • .by'; Gi, 1.1«S board ,O ... 45;7 C ey. .. (Signature) By,lure) ... � i.charc Gus s , , ... r, ) �I' # r t i.V d it l(print Name ol �, ...................... .........`............ *,< { T s (TlNe orSigner) d �. (Title of Signer) Attest: erk to the Board PLEASE COMPLETE SHADED AREAS ONLY 01 S/MA-84 87-121-12 N AGREEMENT, made at -IA &P,"on ................. July.27................................ , 19 .87...... , between BROADCAST MUSIC, INC., a corporation organized under the laws of the State of New York (hereinafter called BMI) with principal offices at 320 West 57th Street, New York, N.Y. 10019, and ........... Qo ty of , T agle s.. State , of Golorado........................................................ . (Legal Name of Licensee) doingbusiness as...................................................................................................................... PLEASE CHECK ❑ A corporation organized under the laws of the State of ................................................... APPROPRIATE BOX R A partnership composed of .. a, p011tica1 Subdivisian Of the State AND COMPLETE ❑ An individual residing at..... , 55O BrOadWay, BOX 85O (hereinafter called "LICENSEE") with principal offices located at.......................................................................... ....................................................................................................................................... city .......Eagle ......................................... state . Colorado......................... zip .81631................. WITNESSETH: WHEREAS, BMI is engaged in the business of licensing music for public performance, and WHEREAS, LICENSEE proposes to perform, present or cause the performance of musical compositions ata "facility" (as hereinafter defined) as part of an "attraction" (as hereinafter defined); IT IS HEREBY AGREED AS FOLLOWS: 1. As used in this agreement: (a) "Facility" shall include, but not be limited to, a concert hall, stadium, auditorium, theatre, amphitheatre, stage and other similar place where an attraction may be presented, whether enclosed or not, within the United States of America, its territories and possessions. (b) "Attraction" shall mean a concert, variety show, dance or similar event (including an event sponsored by a charitable organization or for a charitable purpose) which includes music, whether or not music is the principal type of entertainment. Any attraction which uses the term "festival" shall be covered by this agreement unless a) it lasts 12 hours or moreover one day or longer, b) the aggregate attendance during the course thereof exceeds 30,000 persons and c) four or more musical acts are engaged to perform. In such case, said attraction shall be deemed to be a Festival and shall not be embraced by this agreement. (c) "Seating capacity" shall mean the total number of seats permanently affixed in the facility where the attraction is presented plus any temporary seats added within the facility fora particular attraction. If the total number of seats made available for the attraction shall be less than that of the permanent seating capacity of the facility, "seating capacity" shall mean the total numberof seats available for the particular attraction. If a facility does not have permanent seating, "seating capacity" shall mean the number of persons attending a particular attraction. 2. BMI hereby grants to LICENSEE a non-exclusive license solely to perform, present or cause the performance of, as part of the attraction(s) named in Paragraph 5 hereof, all of the musical works to which BMI shall have the right to grant public performance licenses during the course of said attraction(s). Said license shall not include the right to simultaneously broadcast, telecast, cablecast or otherwise transmit the performances to persons outside of the facility in which they originate. Said license shall also not include dramatic rights, the right to perform dramatico-musical works in whole or in substantial part, the right to present individual works in a dramatic setting or the right to use the music licensed hereunder in any other context which may constitute an exercise of the "grand rights" therein. 3. BMI agrees to indemnify, save harmless and defend LICENSEE, its officers and employees, from and against any and all claims, demands or suits that may be made or brought against them or any of them with respect to the performance of any material licensed under this agreement. Such indemnity shall be limited to works which are licensed by BMI at the time of LICENSEE's performances. EMI's Clearance Department will, upon request, advise LICENSEE whether particular works are available for performance as part of BMI's repertoire. LICENSEE agrees to give BMI immediate notice of any such claim, demand or suit, to deliverto BMI any papers pertaining thereto, and to cooperate with BMI with respect thereto, and BMI shall have full charge of the defense of any such claim, demand or suit. 4. All disputes of any kind, nature or description arising in connection with the terms and conditions of this agreement shall be submitted to the American Arbitration Association in New York, New York for arbitration under its then prevailing rules, the arbitrator(s) to be selected as follows: Each of the parties hereto shall, by written notice to the other, have the right to appoint one arbitrator. If, within ten (10) days following the giving of such notice by one party, the other shall not, by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. if two arbitrators are so appointed, they shall appoint a third arbitrator. If ten (10) days elapse after the appointment of the second arbitrator and the two, arbitrators are unable to agree upon the third arbitrator, then either party may, in writing, request the American Arbitration Association to `' `' , apoint the<fhird arbitrator. The award made in the arbitration shall be binding and conclusive on the parties and judgment maybe, but need not be, entered in any court having jurisdiction. Such award shall include the fixing of costs, expenses and attorney's fees of arbitration, which shall be borne by the unsuccessful party. PLEASE COMPLETE SHADED AREAS ONLY