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• � � � 52CBWE <br /> Music <br /> Performance Concert Band/Wind Ensemble ��-o0�o�-52CBWE <br /> Agreement <br /> 'Concert Band/Wind Ensemble/Symphonic Band"shall mean and be restricted to the � TtJr' �/� C , G� 1�1� <br /> 1�^ . (Name of Organ ation) <br /> �� <br /> which is best described as a <br /> PLEASE CHECK � Concert Band � Symphonic Band <br /> APPROPRIATE <br /> BOX <br /> ❑ Wind Ensemble ❑ Wind Symphony Orchestra <br /> as of the date of this agreement:or <br /> ❑ Other Related Organization <br /> (Provide Details) <br /> 1. BMI GRANT � <br /> BMI hereby grants to LICENSEE for the term of this agreement a non-excfusive license to perform or cause the performance <br /> of, in concerts presented before an audience physically present at the fime of performance, all musicai works of which BMI <br /> shall have the right to grant public performance licenses during the term. BMI wamaRts and represents that all composers and <br /> publishers who are affiliated with BMt have authorized BMI to license the non-exclusive right to public performance of their <br /> works and that all composers and publishers who hereafter become affiliated will give BMI a similar authorization. It is <br /> specifically understood that no rights other than those expressly provided for above in this paragraph are included in this <br /> license and,without in any way limiting the generality of this sentence,this license does not extend to or include: <br /> (a) dramatic rights or the right to perform dramatico-musical works in whole or in substantial part; or <br /> (b) the right to broadcast, telecast or othervvise transmit, by any means now or hereafter known, the performances <br /> licensed hereunder, provided that nothing herein contained shall be deemed to prevent the amplification of the <br /> performances licensed hereunder within the confines of the place where the performance is presented; or <br /> (c) the right to record or otherwise mechanically reproduce the pe�ormances licensed hereunder by any means now <br /> or hereafter known; or <br /> (d) the right to perform a concert/classical work (as such terms are commonly understood) which has not previously <br /> been publicly performed in the United States, unless written permission to perform such work is first secured from the <br /> publisher, composer or copyright proprietor and written notice thereof is given to BM1. <br /> 2. REVIEW OF STATEMENTS AND/OR ACCOUNTINGS <br /> BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the <br /> books and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. <br /> BMI shall consider all data and information coming to its attention as the result of any such examination, or contained in <br /> any such statement, as completely confidential. <br /> 3. LATE PAYMENT F@E <br /> BMI may impose a late payment charge of one and one-half percent (1 '/z%) per month from the date any payment is due <br /> hereunder on any payment that is received by BMI more than one month after the due date. <br /> 4. BMI COMItIIITMENT TO CUSTOMER/INDEMNITY <br /> BMI agrees to indemnify, save harmless and defend LICENSEE, its o�cers and employees, its artists and the proprietors <br /> of places in which LICENSEE gives concerts, from and against any and all claims, demands or suits that may be made <br /> or brought against them or any of them with respect to the performance of ariy material licensed under this agreement. <br /> Such indemnity shall include performances of any works of which BMI's Music Worlcs Registration Department has <br /> advised LICENSEE are then available for performance as part af BMI's repertoire. Such indemnity shall be limited to <br /> 1 <br />