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4 0 ilk), 4,..f___55 <br /> MAR <br /> LICENSE AGREEMENT-LOCAL GOVERNMENTAL ENTITIES <br /> Agreement between American Societyof Composers,Authors and Publishers("SOCIETY"),located at <br /> � ( ) <br /> 2675 Paces Ferry Road,SE, Suite 350,Atlanta,GA 30339 <br /> and City of Rancho Palos Verdes,CA <br /> ("LICENSEE"),located at <br /> 30940 Hawthorne Blvd Rancho Palos Verdes CA 90275-5351 <br /> as follows: <br /> 1. Grant and Term of License <br /> (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the"Premises"and at"Events"and"Functions,"and <br /> not elsewhere or otherwise,non-dramatic renditions of the separate musical compositions in the"ASCAP repertory." The <br /> performances licensed under this Agreement may be by means of"Live Entertainment"or"Mechanical Music". For purposes of this <br /> Agreement, <br /> (i) "LICENSEE"shall include the named entity and any of its constituent bodies,departments,agencies or leagues. <br /> (ii) "Mechanical Music"means music which is performed at the Premises by means other than by live musicians who <br /> are performing at the Premises,including,but not limited to(A)compact disc,audio record or audio tape players <br /> (but not including"jukeboxes"),(B)videotape,videodisc or DVD players;(C)the reception and communication at <br /> the premises of radio or television transmissions which originate outside the Premises;and which are not exempt <br /> under the Copyright Law;or(D)a music-on-hold telephone system operated by LICENSEE at the Premises. <br /> (iii) "Live Entertainment"means music that is performed at the Premises by musicians,singers or other performers. <br /> (iv) "Premises"means buildings,hospitals,airports,zoos,museums,athletic facilities,and recreational facilities, <br /> including,but not limited to,community centers,parks,swimming pools,and skating rinks owned or operated by <br /> LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. <br /> (v) "ASCAP repertory"means all copyrighted musical compositions written or published by ASCAP members or <br /> members of affiliated foreign performing rights societies,including compositions written or published during the <br /> term of this Agreement and of which ASCAP has the right to license non-dramatic public performances. <br /> (vi) "Events"and"Functions"means any activity conducted,sponsored,or presented by or under the auspices of <br /> LICENSEE. Except as set forth in paragraph 2.(d)below,"Events"and"Functions"shall include,but are not <br /> limited to,aerobics and exercise classes,athletic events, dances and other social events,concerts,festivals,arts and <br /> crafts fairs,and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. <br /> (vii) "Special Events"means musical events,concerts,shows,pageants,sporting events,festivals,competitions,and <br /> other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Event <br /> exceeds$25,000(as defined in paragraph 4.(d)below). <br /> (b) This Agreement shall be for an initial term of one year,commencing January 1,2011,which shall be considered the effective <br /> date of this Agreement,and continuing thereafter for additional terms of one year each. Either party may give notice of termination to <br /> the other no later than thirty(30)days prior to the end of the initial or any renewal term. If such notice is given,the agreement shall <br /> terminate on the last day of the term in which notice is given. <br /> 2. Limitations On License <br /> (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to <br /> grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement,nor does it <br /> authorize any public performances at any of the Premises in any manner except as expressly herein provided. <br /> (b) This license does not authorize(i)the broadcasting,telecasting or transmission or retransmission by wire,Internet,website or <br /> otherwise,of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises,other than by means of a <br /> music-on-hold telephone system operated by LICENSEE at the Premises;and(ii)performances by means of background music(such <br /> as Muzak)or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to <br /> transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by <br /> means of teleconferencing,videoconferencing or similar technology. <br /> (c) This license is limited to non-dramatic performances,and does not authorize any dramatic performances.For purposes of this <br /> agreement,a dramatic performance shall include,but not be limited to,the following: <br /> (i) performance of a"dramatico-musical work"(as hereinafter defined)in its entirety; <br /> (ii) performance of one or more musical compositions from a"dramatico-musical work(as hereinafter defined) <br /> accompanied by dialogue,pantomime,dance,stage action,or visual representation of the work from which the <br /> music is taken; <br />