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K..ittitas Valley Event Center, License Agreement
<br />KVEC Control Number: KC4H-20
<br />WSU Contract Number: 29068
<br />[I.E. EXISTING SYSTEMS: KVEC will furnish built-in public address systems and sound, heat or air conditioning, and light as
<br />provided by existing equipment and fixtures in the licensed premises during activity hours only. Any additional facilities or
<br />equipment required to furnish additional electrical current or sound to meet the needs of Licensee will be paid for by Licensee,
<br />provided, however, that none shall be installed unless agreed to by the authorized representative of KVEC in advance. No
<br />unauthorized hookups to any utilities shall be allowed on premises without approval of KVEC.
<br />II.F. PARKING: Designated parking for each event will be assigned by KVEC administration. Traffic control and RV/Camping
<br />verification is the sole responsibility of the Licensee. If due preparation and care is not exercised by Licensee, KVEC reserves
<br />the right to provide reasonably needed personnel, at the expense of the Licensee, to meet KVEC expectations of traffic and
<br />public safety needs. In all instances, fire lanes shall be kept open and parking shall not obstruct fire hydrants or fire stations.
<br />II.G. MUSICAL ENTERTAINMENT: Licensees who fall under the definition of Commercial Activity and provide musical
<br />entertainment, other than professional entertainment, must provide KVEC a copy of ASCAP, BMI, and/or SESAC permits.
<br />II.H. FORCE MAJEURE: In any case where either Party is unable to fulfill its obligations because of fire or other unavoidable
<br />casualty which is outside the affected Party's reasonable control, the contract with respect to the affected event(s) shall
<br />terminate. If such termination occurs before the license begins, KVEC will refund to Licensee any Reservation Fee heretofore
<br />paid by Licensee after deducting from such Reservation Fee any expenses incurred to that time by KVEC in connection with
<br />the affected event agreement. In the event such termination occurs during the term of this license, Licensee will pay to KVEC a
<br />prorate portion of the consideration plus any expenses incurred by KVEC to that time in connection with the affected event
<br />agreement; and KVEC will refund any part of the consideration already paid by the Licensee which exceeds such amount. In
<br />the event of such termination, the Parties hereby waive any claim for damages or compensation which might arise out of such
<br />force majeure.
<br />II.I. DEMOLITION, RECONSTRUCTION: KVEC reserves the right, notwithstanding any clause in a Facility License Agreement,
<br />and without penalty, to cancel that agreement if KVEC wishes to develop or renovate any portion of the facilities. Notification
<br />of cancellation shall be in writing and shall be timely. In the event that a Facilities Lease Agreement is cancelled for this
<br />reason, Licensee shall be refunded in whole, any Reservation Fee or other consideration provided to secure the use of a space or
<br />facility.
<br />II.J. TICKETS: If Licensee's use of the licensed premises involves an event for which tickets are sold to the public, then the event
<br />will be defined as a Commercial Activity and subject to the Commercial Use license fee of twenty percent (20%) of ticket sales.
<br />The manner of purchasing, selling and accounting for such tickets shall be set forth by KVEC, unless otherwise agreed to
<br />herein above. 501 Non -profits are exempt from the Commercial Use License Fee.
<br />II.K. PROMOTION AND ADVERTISING: KVEC shall have no responsibility, of whatever nature or kind, to promote or advertise
<br />in any manner whatsoever the Event(s), Neither Licensee nor any of its agents or employees shall, in any promotion or
<br />advertisement for the Event or otherwise, in any way state, suggest, or imply that KVEC or any of its employees, agents, or
<br />departments, is in any way affiliated with the Event(s). This restriction shall not prohibit statements which indicate merely
<br />where the event is to be held. All advertisements or promotions whether in visual or audible form that include the facility
<br />name shall use "Kittitas Valley Event Center". KVEC is not authorized to use the marks, logos, or brand of Licensee without
<br />the express written permission of an authorized representative of WSU.
<br />ILL. PERSONNEL: It shall be the responsibility of Licensee to provide all personnel needed during the Term, except that KVEC has
<br />the right to provide personnel for designated positions. Licensee agrees to pay for any reasonably required services, facilities,
<br />equipment, materials, technicians, security, electricians, or other persons, services, or items provided by KVEC in order to
<br />properly operate the premises during authorized Events. Such shall be paid for at the prevailing rates at the time of the
<br />activity(s) or as otherwise specified herein and shall, where appropriate, include overtime pay. If KVEC determines that all or
<br />any of the personnel or other items listed herein are needed to operate the premises, such determination shall be conclusive as
<br />between the parties, and Licensee, and its agents and employees, shall in no way interfere with the personnel designated by
<br />KVEC. Nothing herein shall be deemed to render KVEC responsible for the Event(s). In addition to all other personnel
<br />Licensee desires to have present, it shall specifically be the responsibility of Licensee to ensure that adequate emergency
<br />medical personnel is present at all times during the Event(s). Seven (7) days prior to the beginning of the Event, Licensee shall
<br />inform KVEC of the emergency medical personnel it is to supply. Prior to the Event(s), KVEC shall notify Licensee of the
<br />personnel to be supplied by KVEC. Nothing herein shall be construed to create an employer/employee relationship or
<br />partnership between KVEC and Licensee or any other person or entity mentioned hereunder and no such other person or entity
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