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<br />3) PAYMENT Lessee shall pay Broadway Entertainment, LLC for the use of said facility, the sum of Eight <br />Thousand Dollars ($8,000.00) for such periods comprised of the following amounts due on the dates indicated <br />below: <br /> <br />a) Rent Deposit: Eight Thousand Dollars ($8,000.00) payable upon execution and delivery of a fully executed <br />Lease or counterparts thereof by Lessor and Lessee. <br /> <br />Amounts due from Lessee to Lessor not addressed above and described in paragraphs 9) and 10) shall be <br />due at the conclusion of the said event. Lessee agrees to make all deposits and payments by check made <br />payable to the Fox Theatre. <br /> <br />4) SETTLEMENT. Settlement shall be made on the closing night of the use of the facilities unless a prior dif- <br />ferent agreement is reached by and between both parties. <br /> <br />5) CANCELLATION. Should Lessee cancel the event covered under this lease, no deposit refund shall be <br />made and the full rental fee guarantees as called for by this lease shall be payable by Lessee to Broadway <br />Entertainment, LLC as liquidated damages, and not as a penalty. <br /> <br />6) INSURANCE. Lessee shall obtain, at its own expense, and keep in effect during the period in which the <br />privileges hereunder are granted, a policy or policies of Comprehensive Public Liability Insurance, Auto Liability <br />Insurance (collectively "Liability Policies"), Workers' Compensation Insurance, as required by law. The following <br />entities shall be named as additional insureds on the Liability Policies: Lessor, its agents and employees acting <br />within the scope of their duties in connection with this event. This lease agreement shall have no force or ef- <br />fect whatsoever unless and until Lessee provides such Certificate of Liability Insurance to Lessor at least ten <br />(10) days prior to the event start date. See attached sample form of Certificate of Liability Insurance for re- <br />quirements and limits required. <br /> <br />7) INDEMNITY - Lessee agrees to defend, indemnify and hold harmless the Lessor, its agents and employees <br />from and against any and all claims, demands, costs and expenses that Lessor may sustain or incur by reason <br />of any infringement or violation, or proprietary right in the performance defined hereinabove, or of any portion <br />or portions thereof. Lessee agrees to pay any and all royalties required to be paid on copyrighted material, and <br />Lessor, its employees are to be held harmless and free of all liabilities therefrom. <br /> <br />page 2 <br /> <br />n \ R)\t~ <br />~ InitialL/4C <br />