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<br />JUN 232004,
<br />LICENSE AGREEl\ffiNT - LOCAL GOVERNl\'IENTAL ENTITIES
<br />
<br />, .Jlgreement between the }\merican Society of Composers, Authors and publishers ("ASCAP")
<br />located at .
<br />
<br />2690 Cumberland Parkway, Suite 490
<br />Atlanta, GA 30339-3913
<br />
<br />by City of Santa Ana
<br />
<br />("LICENSEE"), located at
<br />
<br />20 Civic Center Plaza M- 3)
<br />Santa Ana, CA 92702
<br />
<br />as follo\vs:
<br />
<br />1.
<br />
<br />Grant and Term of License
<br />
<br />(a) ASCAP grants and LICENSEE accepts a license to perform publicly on the ''Premises'' and at "Events" and
<br />"Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the
<br />"ASCAP repertory." The performances licensed under this Agreement may be by means of "Live Entertainment" or
<br />"Mechanical Music". For purposes of this Agreement,
<br />(i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments,
<br />agencies or leagues.
<br />(ü) "Mechanical Music" means music which is performed at the Premises by means other than by live
<br />musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record
<br />or audio tape players (but not including "jukebox.es"), (B) videotape, videodisc or DVD players; (C) the
<br />reception and communication at the premises of radio or television transmissions which originate outside
<br />the Premises; and which are not ex.empt under the Copyright Law; or (D) a music-on-hold telephone system
<br />operated by LICENSEE at the Premises.
<br />(ill) "Live Entertainment 11 means music that is performed at the Premises by musicians, singers or
<br />other performers.
<br />(iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational
<br />facilities, including, but not limited to, community centers, parks, s\vimming pools, and skating rinks oVlIled
<br />or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE.
<br />(v) "ASCAP repertory" means all copyrighted musical compositions v.-ritten or published by ASCAP
<br />members or members of affiliated foreign performing rights societies, including compositions written or
<br />published during the term of this Agreement and of which ASCAP has the right to license non-dramatic
<br />public performances.
<br />(vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the
<br />auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall
<br />include, but are not limited to, aerobics and exercise classes, athletic events dances and other social events, .
<br />concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by
<br />LICENSEE on the Premises.
<br />(vü) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals,
<br />competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue"
<br />of such Special Ev~nt exceeds' 525,000 (as defined in paragraph 4.(d) below).
<br />(b) This Agreement shall be for an initial term of one year, commencingOl/OI/2004, which shall be considered
<br />the efÎective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party
<br />may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal
<br />term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given.
<br />
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