|
8) MISCELLANEOUS. No representation, warranty, condition, or agreement of any kind or nature with respect to any Event shall be binding
<br /> upon the parties hereto unless incorporated in the Lease. This Lease and the Exhibits A and B submitted for each Event contain all of the terms
<br /> and conditions agreed upon by the parties hereto with respect to each Event. This Lease may not be amended except by an instrument in writing
<br /> signed by the parties.
<br /> 9) FACILITY SERVICING. For each Event, GFV shall provide a Venue Manager, available power, heat or air conditioning, basic venue
<br /> lighting, loading facilities, dressing rooms, and janitorial from the Event Start Time to the Event End Time in Appendix B. GFV retains the
<br /> right to charge City for any extraordinary staffing or equipment requirements requested in writing by City through City's Authorized
<br /> Representative. City shall pay for the services of all of its employees and independent contractors. City may use its own employees and
<br /> independent contractors to staff an Event, provided that such employees and independent contractors possess requisite skill.
<br /> 10) LIABILITY. As more fully described in Section 11 below, City is responsible for the actions, and any damages, by all of its event vendors,
<br /> personnel, attendees, artists, caterers and their crews.
<br /> 11) VACATION OF PREMISES. For each Event, City shall vacate the Premises on or before the Move-out Time specified in Appendix B,
<br /> leaving the Premises in the same condition as when received, ordinary wear and tear accepted. City shall remove from the Premises on or
<br /> before the Move-out Time specified in Appendix B, all property, goods and effects belonging to City or brought upon the Premises by or at the
<br /> direction of City. Should any damage occur due to the actions or negligence of City and/or its guests, City shall be responsible for the cost of
<br /> repair of damage in excess of ordinary wear and tear if such excess damage is not covered by insurance carried by GFV or Fox. GFV shall
<br /> itemize any such alleged damage within 5 business days following the event Move-out time and provide proof.
<br /> 12) ABANDONED PROPERTY. If under the provisions hereinabove any property is not removed within the above stated article, GFV shall
<br /> have the right to store same and dispose of same in accordance with all applicable laws. GFV will provide City with reasonable notice and give
<br /> City two days to reclaim abandoned property.
<br /> 13) CONFIDENTIALITY. Certain information disclosed by either party, including any information relating to such party's research,
<br /> development, property, product and marketing plans, finances, personnel and business opportunities will be considered confidential
<br /> information. Each party will not use the other party's confidential information except as required to achieve the objectives of this Lease and
<br /> will not disclose such confidential information except to employees, agents and contractors who have a need to know in the discharge of their
<br /> duties under this Lease or as may be required by law. Such restrictions will not apply to information that becomes public knowledge other than
<br /> through the disclosing party. The party will make no disclosure or statement covering this Lease or the subject matter thereof without first
<br /> obtaining the other party's prior written consent.
<br /> 14) COMPLIANCE WITH LAWS. City shall comply with all laws of the United States, of the State of California and all local laws.
<br /> 15) LICENSES & PERMITS. City shall obtain all permits and/or licenses required by the laws, ordinances and rules and regulations
<br /> mentioned herein including ASCAPBMI, but excluding a beer & wine or liquor license, which shall be provided by GFV.
<br /> 16) CONCESSIONS & MERCHANDISE. GFV has the sole rights for all beverage and merchandise sales on the Fox Theatre Premises.
<br /> City shall not sell merchandise at each Event unless given written approval to do so by GFV.
<br /> 17) SPONSORSHIP. City may cover mutually approved sponsorship signage inside the Fox Theatre and in the outside display windows,
<br /> 18) BANNERS, SIGNS AND POSTERS. GFV has the sole rights for all banner, sign, and poster space in the Fox Theatre. GFV must gain
<br /> verbal approval from GFV before hanging any banners, signs or posters in the Fox Theatre. GFV shall not do, or permit to be done, upon the
<br /> Premises anything that will tend to injure, mar or in any manner deface the Premises and will not drive or install or permit to be driven or installed
<br /> any nails, hooks, tacks, or screws into any part of the Premises (only painters tape allowed to hang banners, signs and posters), and will not make
<br /> or allow to be made any alterations of whatsoever kind to the Premises or any equipment or facilities thereof. City acknowledges that the Fox
<br /> Theatre is a historic property and that any change or modification of any aspect of the building must be approved in writing by GFV in advance
<br /> of any such changes made.
<br /> 19) CAPACITY. The Fox Theatre has a seating capacity of One Thousand Three Hundred (1 300). City may not exceed 1300 guests.
<br /> 20) MARQUEE. City shall have the exclusive right to 2-sided marquee mention for the duration of each Event with the exception of the
<br /> Page 6 of 17
<br /> ATTY/AGR/2016.287/FOX THEATER AGREEMENT
<br /> REV: 0-29-16 JS
<br />
|