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3) PAYMENT Lessee shall pay Broadway Entertainment, LLC for the use of said facility, the sum of Eight Thousand Dollars ($8,000.00) for such periods comprised of the following amounts due on the dates indicated below: a) Rent Deposit: Eight Thousand Dollars ($8,000.00) payable upon execution and delivery of a fully executed Lease or counterparts thereof by Lessor and Lessee. Amounts due from Lessee to Lessor not addressed above and described in paragraphs 9) and 10) shall be due at the conclusion of the said event. Lessee agrees to make all deposits and payments by check made payable to the Fox Theatre. 4) SETTLEMENT. Settlement shall be made on the closing night of the use of the facilities unless a prior dif- ferent agreement is reached by and between both parties. 5) CANCELLATION. Should Lessee cancel the event covered under this lease, no deposit refund shall be made and the full rental fee guarantees as called for by this lease shall be payable by Lessee to Broadway Entertainment, LLC as liquidated damages, and not as a penalty. 6) INSURANCE. Lessee shall obtain, at its own expense, and keep in effect during the period in which the privileges hereunder are granted, a policy or policies of Comprehensive Public Liability Insurance, Auto Liability Insurance (collectively "Liability Policies"), Workers' Compensation Insurance, as required by law. The following entities shall be named as additional insureds on the Liability Policies: Lessor, its agents and employees acting within the scope of their duties in connection with this event. This lease agreement shall have no force or ef- fect whatsoever unless and until Lessee provides such Certificate of Liability Insurance to Lessor at least ten (10) days prior to the event start date. See attached sample form of Certificate of Liability Insurance for re- quirements and limits required. 7) INDEMNITY - Lessee agrees to defend, indemnify and hold harmless the Lessor, its agents and employees from and against any and all claims, demands, costs and expenses that Lessor may sustain or incur by reason of any infringement or violation, or proprietary right in the performance defined hereinabove, or of any portion or portions thereof. Lessee agrees to pay any and all royalties required to be paid on copyrighted material, and Lessor, its employees are to be held harmless and free of all liabilities therefrom. Further, Lessee shall conduct its business upon the premises so as not to endanger any person lawfully thereon. Lessee agrees to indemnify and hold harmless the Lessor, its officers, agents, and employees from and against any and all claims, demands, losses, liabilities, costs, or expenses of any nature (including rea- sonable attorney's fees and costs) not otherwise specifically agreed to herein, arising from, or in any manner resulting from Lessee's presentation and promotion of the live entertainment performances at the Premises or in any manner directly or indirectly arising from Lessee's use or occupancy of the Premises, unless such claims, demands, losses, costs, liability, or expenses results from the negligence or willful misconduct of Les- sor, its agents, employees or independent contractors. 8) MISCELLANEOUS - No representation, warranty, condition, or agreement of any kind or nature whatsoever shall be binding upon the parties hereto unless incorporated in the Agreement. This Agreement contains all of the terms and conditions agreed upon by the parties hereto, and may not be amended except by an instrument in writing signed by the parties. page 2 In~~\