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Kittitas Valley Eve nt Center, l,icense Agreement KVEC Control Number: KC4H-20
<br />WSU Contract Number: 29068
<br />II.E, EXISTINC SYSTEMS: KVEC will furnish built-in public addtess 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 requircd to furnish additional eleotrical current or sound to meet the needs ofLicensee will be paid for by Licensee,
<br />provided, however, that none shall be installed unless agreod to by the authorized representative oIKVEC in advance. No
<br />unauthorized hookups to any utilities shatl be allowed on premises without approval of KVEC.
<br />Il.F. PARKINC: Dcslgnatcd parking for each event will be assigned by KVEC administration, Traffic control and RV/Camping
<br />vcrificationisthcsolcrcsponsibilityoftheLicensee. IfduepreparationandcareisnotexercisedbyLicensee,KVECreserves
<br />the right to provide reasonably needed personnel, atthe expense ofthe Licensee, to meet KVEC expectations oftraffic 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 enterlainrnent, must provide KVEC a copy of ASCAP, BMl, and/or SESAC permils.
<br />II.H. FORCE MAJEURE: In any case where either Party is unable to futfill its obligations because of fire or other unavoidable
<br />casualty which is outside the alt'ected Party's reasonnble control, the conlract with respect to the affected event(s) shall
<br />terminate. If such termination occurs before lhe license begins, KVEC wilt refund to l,icensee any Reservation Fee heretofore
<br />paid bv Licensee aftcr dcducting from such Rcs*vation Fee any expenses incurred to that time by KVEC in connection with
<br />the affected event agreement. ln the event such termination occurs during thc terrn ofthis license, Licensee wi 11 pay to KVEC a
<br />proratc portion ofthe consideration plus any expenses incuned by KVEC to that time in connection with the affected event
<br />agreement; nnd KVEC will refund any part ofthe consideration already paid by the Licensee which exceeds such amount. In
<br />the event ofsuch termination, the Parties hereby waive any claim for damages or compensation which rnight arise out ofsuch
<br />force majeure.
<br />ILL DEMOLITION, RECONSTRUCT{ON: KVEC reserves the right, notwithstanding any clause in a Faoility License Agreement,
<br />and without penalty, to cancel that agreement if KVEC wishes to develop or renovate any portion of the facilities. Notification
<br />ofcancellation shall be in writing and shall be timely. In the event that a Facilities Lease Agreement is cancclled for this
<br />reason, l,iccnsce shall be refunded in whole, any Reservation Fee or other consideration provided to secure the use ofa space or
<br />facility.
<br />Il.J, TICKETS: IfLicensee'suseofthelicensedpremisesinvolvesaneventforwhichticketsaresoldtothepubtic,thentheevent
<br />will be defined as a Commerciat Activity and subject to the Commercial Use license fee of twenty percent (207o) of ticket sales.
<br />The manner ofpurchasing, selling and acaounting 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 havc 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 />departrnents, is in any way affrliated 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 F,vent Center". KVEC is not authorized to use the marks, logos, or brand olLicensee without
<br />lhe express witten permission of an authorized representative of WSU.
<br />ILL. PERSONNEL: lt shall bc thc responsibility of Licensee to provide all personnel needed during the Term, except that KVEC has
<br />therighttoprovidepersonnel fordesignatedpositions. Licenseeagreestopayforanyreasonablyrequiredservices,facilities,
<br />equipment, materials, technicians, security, electricians, or olher psrsons, services, or items provided by KVEC in orderto
<br />properlyoperatethepremisesduringauthorizedEvents. Suchshall bepaidforattheprevailingratesatthctime ofthc
<br />activity(s) or as otherwise specified herein and shall, where appropriate, include overtime pay. tf KVEC determines that all or
<br />any ofthe personnel qr other items listed herein are nseded to operate the premises, such determination shall be conclusive as
<br />between the parties, and Licensee, and its agents and employ€es, shall in no wsy intcrfere with the personnel designated by
<br />KVEC. Nothing herein shall be deemed to render KVEC responsible for the Event(s). ln addition to all other pcrsonnel
<br />Licensee desires to have present, it shall specifically be the responsibility of Licensee to €nsuro that adequate omsrgency
<br />medical personnel is present at all times during the Event(s). Seven (?) 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 noti$ Licensee of the
<br />personnel to be supplied by KVEC. Nothing herein shall be construed to sreate an employer/employee relationship or
<br />partnership between KVEC and Licensee or any other person or entity mentioned hereunder and no such other pgison or entity
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