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FEE FOR PERFORMANCES BY MEANS OF JUKEBOX(ES) For purposes of this Agreement, a “jukebox” is a machine or device that is (i) employed solely for the non-dramatic performance of musical works by means of phonorecords, compact discs or similar medium and which is activated by insertion of coins, currency, lokens, or other monetary units or their cyuivalent; (ii) is located in an establishment making no direct or indirect charge for admission; (iii) is accompanied by a list of the titles of all musical works available for performance on the jukebox, which list is affixed to the jukebox or posted in the establishment in a prominent position where it can be readily cxamined by the public; (iv) affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located; and (v) for which neither a compulsory license nor a license from the Jukebox License Office nor a license from SOCIETY Other than this license is in effect. For purposes of this Agreement, the term "jukebox" does not include devices commonly known as "video-jukeboxes," or any other audio-visual devices. For performances given by means of jukebox(es), the annual license fee shall be $209 per jukebox.

FEE FOR PERFORMANCES BY MEANS OF MUSIC-ON-HOLD TELEPHONE SYSTEM For performances given by means of a music-on-hold telephone system at the premises, the annual license see shall be $156.

COMPUTATION OF FEE FOR MIXED POLICIES 1. Compuic fee for the higher policy for the number of days/nights that the higher policy is in effect. The higher policy

is the policy which generates the highest fee for any one day/night. If the higher policy is in effect for four or more days/nights per week, stop here: Your fee is the fee for the higher policy. If the higher policy is in effect for fewer than four days/nights per week, continue with steps 2 through 6 below to complete the computation of the fuc for

your mixed policy. 2. Note total number of days/nights entertainment is provided. 3. Computc fec for the lower policy using the total number of days/nights entertainment is provided under both thc

higher and lower policies. 4. Compute fec for the lower policy using the number of days/nights the higher policy is in effect. 3. Subtract fee computed in step 4 from fec computed in step 3. 6. Add fec computed in step I to fec computed in step 5 for total fee.

SEASONAL FEES

For seasonal licensees, the fees for periods up to four months of operation are 1/2 the annual license fee; for each additional month the fee is 1/2 the annual license fee. The seasonal license fee will in no case be more than the annual license fec.

FEE FOR OCCASIONAL PERFORMANCES For policies in effect for any three or fewer days/nights per month, the fec is the applicable annual fee for the highest of such policies as if such highest policy were in effect for one day/night per week. For policies in effect for any six or fewer days/nights per calendar year, the fee is 1/3 the applicable annual fee for the highest of such policies as if such highest policy were in effect for one day/night per week.

ANNUAL LICENSE FEE FOR CALENDAR YEARS 1995 AND THEREAFTER The annual license fee for each calendar year commencing 1995 shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index (National, All liems) between the preceding October and the next preceding October.

HOTELS AND MOTELS

Memorandum of Agreement between AMERICAN SOCIETY OF COMPOSERS. AUTHORS AND

PUBLISHERS (hereinafter styled "SOCIETY) and

(hereinaher styled "LICENSEE"), as follows:

1. SOCIETY grants and LICENSEE accepts for a period commencing as of

and ending December 31, 1993 a license to perform publicly by means of live entertainment or mechanical music (as defined in paragraph 2). and by no other means, u or in any part or section of the hotel or motel known as

(hereinaher called the premises“), and not elsewhere. noa-dramatic renditions of the separate musical compositions copyrighted or composed by members of SOCIETY and of which SOCIETY shall have the right 10 license the performing rights.

2. This license is limited strictly to the premises. The license fee herein provided to be paid is based upon the performance of such non-dramatic renditions by live entertainment or mechanical means (as hereinaher defined) for the entertainment solely of such persons who may be present on or in the premises, and does not authorize the broadcasting, ielecasting or transmission by wire or otherwise, of such performances of renditions to persons outside of the premises, and the same is hereby strictly prohibited unless consent of SOCIETY in writing first be had therefor by LICENSEE or by the person responsible for such broadcasting. Ielecasting or transmission; nor does this license authorize performances emanating from any point outside the premises or transmitted by any means to the premises in the form of background music services, wired music or in any other form or manner (except as specified herein), it being expressly understood, however, that if SOCIETY granis a license to such outside source authorizing it to supply its service to, and for reproduction or rendition at the premises, LICENSEE shall be authorized to render performances by such means at the premises without further payment to the SOCIETY therefor; nor does it authorize performance as part of an industrial or trade show, exposition or business presentation at the premises.

The term "mechanical music as used in this Agreement shall mean music which is reproduced at the premises by means other than by live musicians who are performing at the premises, including, but not limited to, audio record or audio tape players, coin operated phonorecord players (jukeboxes) (other than jukeboxes otherwise covered by the compulsory license provisions of 17 U.S.C. $ 116), videoupe players, performances in public rooms ar guests' private rooms at the premises by means of pay or cable television, motion pictures, videotapes, or any similar means or method (whether transmitted by satellite or auserwise to the premises), or the reception and communication at the premises of radio or velevision transmissions which originale outside the premises, all subjeci to the limitations set forth herein. 3. This license shall not extend to or be deemed to include:

(a) Oratorios, choral, operatic or dramatico-musical works (including plays with music, revues and ballets) in their entirety, a songs or other excerpus from operas of musical plays accompanied either by words, pantomime, dance, or visual representation of the work from which the music is taken; but fragments or instrumental selections from such works may be instrumentally rendered without words, dialogue, costume, accompanying dramatic action or scenic accessory, and unaccompanied by any stage action or visual representation (by motion picture or otherwise) of the work of which such music forms • pan.

(b) Any work (or part thereon whereof the stage presentation and singing rights are reserved. 4. SOCIETY reserves the right at any time to withdraw from its repertory and from operation of this license any musical work as to which any suit has been brough or threatened on a claim that such composition infringes a composition not contained in SOCIETY'S repertory, or on a claim SOCIETY does not have the righe to license the perforraing right in such composition.

3. LICENSEE agrees, upon demand in writing of SOCIETY, upon forms supplied by SOCIETY, whenever requested. to furnish list of all music rendered at the premises hereby licensed, showing the side of each composition, and the publisher thercol.

6. In consideration of the license herein granted LICENSEE agrees to pay to SOCIETY for each contract year during the term of this Agreement the amount for such year set opposite the figure representing the expenditure for all emenainment at the premises during such contract year, as primed below in Schedule 1 (hereinafter called the applicable annual rate). unless mechanical music only is furnished u the premises. If mechanical music only is furnished at the premises and there is no "live emertainment in any contract year, LICENSEE agrees to pay to SOCIETY the applicable amount printed below in Schedule D. If in any calendar year there should be both "live entertainment and mechanical music, LICENSEE agrees to so

10 SOCIETY in addition to the applicable annual rate in Schedule I, the applicable additional annual rue printed below 10 any such use.

The expenditure for all live entertainment at the premises for the current contract your of this Agreement is hereby estimated as

in accordance with the provisions for estimating ‘Annual Expenditure for All Entertainment at the Premises as printed below in Schedule For each of the succeeding years of this Agreement such naual expenditure for all entertainment u the premises shall be estimated on the basis of the expenditure for all calerainment the premises for the previous coalnet year (or part thereof, if LICENSEE operated only part of such previous contrast year, in which case such annual expenditure shall be prorated). Within tweary (20) days after the end of each contract year (or part thereof il LICENSEE operated only part of such contract year) during the term of this Agreement an adjustment shall be made on the basis of the expenditure for all entertainment at the premises for such contract year (or such part thereol on a prorated basis). The local license fee for the fru calendar year of this Agreement is estimated S

based on license fee under Schedule 1 of S

and a license foe wader Schedule D or of $ The term "expenditure for all entertainment at the Premises us used in this Agreement shall be deemed to include all paymeals made (whether in money or in any other form) by LICENSEE for all entertainment at the premises, excluding any verilice in connection with contenainmeer rendered by the regularly employed stad of LICENSEE, but including the compensation paid to my persons whose services are especially and exclusively engaged for the presentation of any such caterinimu.

Where any arrangement either by contra or otherwise exists between LICENSEE and any enuity or person presenting mertainment in the premises, which arrangement or contract shall provide that as the consideration or any pare thereol. anain or any accommodations or services are to be made available for its or his use, then in such case, the extent of such accommodations or services shall be clearly defined and the reasonable value thereof regarded as an expenditure by LICENSEE for such entertainment and reported to SOCIETY AS capended during each contract year in which such enenainment is presemed. provided that if LICENSEE and SOCIETY shall fail

to agree as to the reasonable value of such accommodations or services the same shall be fixed at a sum equal to one-half of the prevailing rate charged to the guests of the premises for wch accommodations or services.

1. (a) LICENSEE shall, on or before the 20uh day of January, and on or before the first day of April. July and October of each contract year during the term of this Agreement, pay io SOCIETY a sum equal to one-fourth (th) of the annual sum payable hereunder. The payment made on or before the 20th day of January of each contract you during the term of this Agreement shall be accompanied by a statement, on forms to be supplied by SOCIETY, showing (a) the expenditure

.

for all entertainment at the premises for the preceuing contract year; (b) if there was mechanical music but no have enie nainment, said statement shall show: number of guest rooms. whether there is dancing to the mechanical music. a cover. minimum or mission charge to any of the rowms in which mechanical music is furnished, and whether a show or act is presented; or is) of there were both "live entertainment and mechanical music, said statement shall show the information described in both (a) and (b) of this paragraph. I LICENSEE operated only part of a contract year, LICENSEE shall furnish such statement to SOCIETY within Iwenty (20) days after the end of such part of such contract year.

(b) In the event LICENSEE shall be delinquent in the payment of license fees due under Subparagraph aj hereol by sony-five (45) days more, LICENSEE shall pay a finance charge on the license fees due of 16% per month, the maximum rate permitted by law, whichever is lesser, from the date such license fees should have been paid pursuant to Subparagraph "ia) hercof.

8. (a) SOCIETY shall have the right to require such reasonable data of information relating to the annual expenditure for all cmenainment at the premises as provided by this Agreement, in addition to that furnished under Paragraph age of this Agreement, as may be deemed necessary in order to ascentain the annual expenditure for all entenainment a the premises. as provided by this Agreement SOCIETY shall have the further right, by its duly authorized representatives, at any time during customary business hours, 10 examine the books and records of account of LICENSEE only to such extent as may be necessary to verify such statement or statements as may be rendered pursuant to this Agreement. SOCIETY shall consider all data and information coming to its attention as the result of any such examination of books and records as completely and entirely confidential.

(b) The period for which the SOCIETY may audit pursuant to this Agreement shall be limited to three calendar years preceding the year in which the audit is made: provided, however, that is an audit is postponed at the request or LICENSEE. SOCIETY shall have the right to audit for the period commencing with the third calendar year preceding the year in which notification of intention to audit was first given by SOCIETY 10 LICENSEE, and provided further, that in the event such audit reveals a deficiency, then such audit may cover the additional preceding three calendar years. This three or six year limitation (as the case may be) shall not apply if LICENSEE fails or refuses after written notice from SOCIETY 10 produce the books and records necessary to verify any repon or statement of accounting required pursuant to this Agreement. Nothing herein shall restrict SOCIETY'S right to audit under previous license agreements, for all periods covered by sand agreements, subject to a total of three or six years (as the case may be) for all audits under all said license agreements.

(c) In the event any such audit shows LICENSEE to have underpaid the license fees due SOCIETY by 5% or more, LICENSEE shall pay a finance charge on the license fees shown due or in % per month, or the maximum rate permitted by law, whichever is lesser, from the daie(s) the license fees should have been paid pursuant to this Agreement,

(d) In the event any such audit shows LICENSEE to have underpaid the license fees due SOCIETY by less than 5%. LICENSEE shall pay a finance charge on the license fees shown due of 1% % per month, or the maximum rate permitted by law, whichever is lesser, from the date SOCIETY demands payment of such amount.

9. Upon any breach or default by LICENSEE of any term or condition herein contained, SOCIETY may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thiny days. this license shall terminate on the expiration of such thiny day period without further notice from SOCIETY. In the event of such termination, SOCIETY shall refund to LICENSEE any unearned license fees paid in advance.

10. In the event that LICENSEE shall discontinue the use of music at the premises before the expiration of any contract year during the term of this Agreement, LICENSEE shall give immediate written notice thereof to SOCIETY and, within twenty (20) days after the date of such discontinuance, an adjustment shall be made on the following basis for the part of such contract year preceding such discontinuance:

(a) If the music so discontinued is "live entenainment only, the adjusiment shall be computed on the basis of the expenditure for all entertainment at the premises for such part of the contract year preceding such discontinuance as set forth in Schedule I.

(b) If the music so discontinued is mechanical music only, the adjustment shall be compuled on the basis of the applicable annual rale set forth in Schedule II. reduced pro rata on the basis of the number of months in which music was performed.

(c) of the music so discontinued is both "live" and mechanical, the adjustment shall be computed on the basis of the expenditure for all emertainment at the premises for such part of the contract year preceding such discontinuance as set forth in Schedule I in addition to the applicable additional annual raie set forth in Schedule III. reduced pro rata on the basis of the number of months in which music was performed.

After such adjustment has been made, LICENSEE shall not be obligated to make further payments to SOCIETY hereunder until such time as LICENSEE shall resume the use of music at the premises during the term of this Agreement. In the eveni of such resumption by means of "live entenainment only. LICENSEE shall estimate its expenditure for all emenainment at the premises for the contract year or pan thereof in which the use of music is resumed on the basis of the expenditure for all cnienainment at the premises during the first full month of operation after such resumption multiplied by 12 or such lesser number of months remaining in such contract year. Within iwenty (20) days after the end of such contract year an adjustment shall be made on the basis of the expenditure for all emenainment as the premises for such contract year or pan thereof as provided in Paragraph 6* of this Agreement. In the event of such resumption by means of mechanical music only, LICENSEE shall pay the annual amount provided in Schedule il, on the dates specified in Paragraph "Te of this Agreement, reduced pro rata on the basis of the number of months in which no music was performed. In the event of such resumption by means of both "live entenainment and mechanical music. LICENSEE shall (a) estimate its expenditure for all entertainment at the premises for the contract year or pan thereof in which the use of music is resumed on the basis of the expenditure for all entenainment at the premises during ihe firse full month of operation after such resumption multiplied by 12 or such lesser number of months remaining in such contract year and within twenty (20) days after the end of such contract year an adjustment shall be made on the basis of the expenditure for all entenainment at the premises for such contract year or pen thereof as provided in Pangraph *6* of this Agreement and (b) pay the additional annual rate provided in Schedule Ill on the dates specified in Paragraphe age of this Agreement reduced pro rata on the basis of the number of months in which no music was performed.

11. This Agreement shall enure to the benefit of and shall be binding upon the panies hereto and their respective successors and assigns, but no assignment shall relieve the panies hereto of their respective obligations hereunder.

12. If LICENSEE shall cease to operate the premises, whether by reason of the sale or lease of the premises, or otherwise, then upon said date, this Agreement and the obligation of LICENSEE to make payments 10 SOCIETY hereunder shall terminate, provided, however, that LICENSEE shall give immediate written notice thereof 10 SOCIETY setting fonh the manner of cessation, and the LICENSEE shall continue to be liable to SOCIETY for the pro rata amount of the then current contract year's payment for the period until said date. IN WITNESS WHEREOF, this Agreement has been duly subscribed and scaled by SOCIETY and LICENSEE this day of

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RATE SCHEDULE-HOTELS AND MOTELS - If live music only is presented, use Schedule I. - If mechanical music only is presented, use Schedule II. - Il both live and mechanical music are prescnicd, use Schedules I and III.

SCHEDULE I

For live entertainmem, the sum to be paid by LICENSEE 10 SOCIETY for each calendar year during the term of this Agreement shall be the amount in the right-hand column below which corresponds to the "Annual Expenditure for all Entertainment at the Premises“ during the then current calendar year as shown in the following Schedule:

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S

S

113 159 238 312 471 623

120 168 25: 331

777

Less than S 2.000.00 S 2.000.00 10 4,999.99

5.000.00 to 9,999.99 10.000.00 to 14.999.99 15.000.00 10 24.999.99 25.000.00 to 34.999.99 35.000.00 10 49.999.99 50.000.00 10 64.999.99 65.000.00 10 79.999.99 80,000.00 10 99.999.99 100.000.00 10 119.999.99 120.000.00 10 139,999.99 140.000.00 10 159.999.99 160,000.00 10 179.999.99 180.000.00 10 199,999.99 200.000.00 10 249,999.99 250,000.00 10 299.999.99 300.000.00 to 349,999.99 350.000.00 to 399.999.99 400.000.00 to 449.999.99 450.000.00 10 499.999.99 500.000.00 10 $99.999.99 600.000.00 10 749.999.99

$ 110

154 231 303 457 605 754 902 1,139 1.518 1.898 2.277 2.657 3.036 3.416 3.795 4.180 4.554 5.000 S.313 S.693 6.050 6.600 7.700 8.800 9.900 11.000 12.100 14.300 19.950 19.800 19.800

$ 117

163 245 321 485 642 800 957 1.208 1.610 2.014 2,416 2.819 3.221 3.624 4.026 4.435 4.831 5.368 5.637 6.040 6,418 7.002 8.169 9.336 10.503 11.670 12.837 15.171 16.921 21.006 21.006

661 824 986 1.245 1.659 2.074 2.488 2.903 3.318 3.733 4.147 4.568 4,976 S.529 S.806 6.221 6.611 7.212 8.414 9.616 10.818 12.030 13.222 15.6.26 17.129 21.636 23.500

S 12S

175 263 3.44 519 688 SCHEDULE II

750.000.00 10 999.999.99 1.000.000.00 to 1.499,999.99 1.500.000.00 10 1.999,999.99 2.000.000.00 10 2.999.999.99 3.000.000.000 3.999.999.99 4.000.000.00 10 4.999.999.99 5.000.000.00 10 5.999,999.99 6.000.000.00 10 6.999,999.99 7.000.000.00 and over

929 1.173 1.564 1.955 2.345 2.737 3,127 3.518 3.909 4.305 4.691 S.212 5.472 5.864 6.232 6.798 7.931 9.064 10.197 11.330 12.463 14.729 16.429 20.394 20.394

857 1.025 1.294 1.725 2.157 2.588 3.020 3.450 3.882 4.31) 4.750 5.175 S.750 6.038 6.470 6.875 7.500 8.751 10.001 11.251 12.501 13.751 16.251 18.126 22.501 23.500

Method of Estimating ‘Annual Expenditure for All Entertainment at the Premises (as defined in Paragraph 16) for the First Calendar Year (or Par Thereon of this Agreement:

1. If LICENSEE has operacd with a policy of music for the full calendar year prior to the commencement date of the Agreemen, LICENSEE shall estimate its expenditure for all entertainment at the premises for the first calendar year (or part thereon of this Agreement on the basis of the expenditure for all entenainment at the premises during such full calendar year prior to the commencement date of this Agreement.

11. I LICENSEE has operated with a policy of music less than a full calendar year prior to the commencement date of this Agreement, LICENSEE shall estimate its expenditure for all entertainment & the premises for the first calendar year for part thereon) of this Agreement at a sum equal to the average monthly expenditure for all entenainment at the premises during the period of operation prior to the commencemeni date of this Agreement times the number of months of LICENSEE's operation during said first calendar year or part thereof.

III. II LICENSEE has not operated with a policy of music for any period prior to the commencement date of this Agreement, LICENSEE shall estimate its expenditure for all entertainment at the premises for the first calendar year for pant thereon of this Agreement on the basis of the expenditure for all entertainment at the premises during the first full month of operation times the number of months of LICENSEE's operation during said first calendar year of part thercor.

MECHANICAL MUSIC ONLY
A. No Dancing: No Cover. Minimum or Admission Charge; and No Show or Acise

Annual Rate for Calendar Years
No. of Rooms

I

1991 1992 1993 1-300

$168 $175

$182 $190 $199 Over 300 232 241 251 261

274 B. One of: 1) Dancing: 2) Cover, Minimum or Admission Charge; or 3) Show or Acts*

Annual Rate for Calendar Years
No. of Rooms

ISO9

1990 1991 1992
1 - 100

$225
$234

$243 $253 $266 101-300

309 321 334 347 364 301-500

468 187 506 S26 SS2 Over 500 618 642 668 695

730 C. Two of: 1) Dancing: 2) Cover, Minimum or Admission Charge; or 3) Show or Acts

Annual Rate for Calendar Years
No. of Rooms

1489 1990 1991 1992 1993 1-100

$309

$321 $ 334 $ 347 $364 101-300

468 487

S06 $26 S52 301-500

720 749 779 818 Over 500

926

963 1.002 1.042 1.094 D. With Dancing. Cover. Minimum or Admission Charge, and Show or Acts*

Annual Kate for Calendar Years
No. of Rooms

1909

1990 1991 1992 193 1-100

$ 514 $ 534 $ 556 $ 578 $ 607 101-300

794 825 858 893 938 301-500

1,066 1.109 1,153 1.199 1.259 Over 500

1,328 1.381 1,436 1,494 1.569

693

E. With Audio Visual Works

If audio-visual performances of mechanical music (such as the use of a large-screen projection television or performances in guests' private rooms at the premises by means of pay or cable television, motion pictures, videotapes, or any similar means or method) are given, use the applicable category above and add 50%; such uses do not include performances by means of a single receiving apparatus of a kind commonly used in private homes, unless a direct charge is made to see the transmission or the transmission thus received is further transmitted to the public. Such uses include only performances for which a license is required by the United States Copyright Low. **Show or Acts shall include use of a disc jockey or video jockey.

SCHEDULE III

MECHANICAL MUSIC AND LIVE MUSIC
A. No Dancing: No Cover, Minimum or Admission Charge; and No Show or Acts

Annual Rate for Calendar Years
No. of Roomas

1909 I

1991 1992 1993 1-300

$ 99 S103 $107 $111 $117 Over 300 140 146 152 158

166 B. One of: 1) Dancing: 2) Cover, Minimum or Admission Charge; or 3) Show or Acts

Annual Rate for Calendar Years
No. of Rooms

19 is 22 1992 is 1-100

$133 $138 $144 SISO SIS8 101-300

187 195 202 211 221 301-500

243 253 263 274 288 Over 500

318 331 344 358 376 C. Two of: 1) Dancing; 2) Cover, Minimum or Admission Charge; or 3) Show or Acts

Annual Rate for Calendar Years
No. of Rooms

ISO 1

1221 im 10 1-100

$187 $195 $202 $211 $221 101-300

243 253 263 274 288 301-500

346 360 375 390 409 Over 500

SOS S26 547 569 597

D. With Dancing. Cover, Minimumn or Admission Charge, and Show or Acts *

Annual Rate for Calendar Years
No. of Rooms

ISO I

1901 1-100

$ 514 $ 534 $ 556 $ 578 101-300

794 825

858

1,199 Over 500

1. $ 607

893 301-500

1,109 1.153

1,328

1.381 1,436 1.494

938 1,259 1.569

1.066

E. With Audio-Visual Works

If audio-visual performances of mechanical music (such as the use of s large-screen projection television or performances in guests' private rooms at the premises by means of pay or cable iclevision, motion pictures, videotapes, or any similar means or method) are given, use the applicable category above and add 50%; such uses do not include performances by means of a single receiving apparatus of a kind commonly used in private homes, unless a direct charge is made to see the transmission or the transmission thus received is further transmitted to the public. Such uses include only performances for which a license is required by the United Stmes Copyright Law. **Show or Acts shall include use of a disc jockey video jockey

10M 6/91 (C)

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