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. ', <br /> �•• � <br /> ' �' a1. FEES <br /> . (a) (i) In consideration of the non-exclusive license granted to LICENSEE hereunder, LICENSEE agrees to pay BMI for <br /> each contract year of the term a license fee equai to the applicable percentages of its gross receipts for the year <br /> immediately preceding such contract year as set forth below: � <br /> LICENSE FEE SCHEDULE <br /> PERCENTAGE OF <br /> Concert Ban�nd Ensemble/Symphonic Band <br /> GROSS RECEIPTS DURING THE PRECEDING YEAR �+ <br /> � �v�as <br /> 3/5 ths of 1°/a (.006) � <br /> IN NO EVENT SHALL THE ANNUAL FEE FOR ANY CONTRACT YEAR BE LESS THAN ONE-HUNDRED-FIFTY <br /> ($150.00) � <br /> . .. .. . . �. <br /> (ii) lf LICENSEE did not operate at all during the preceding year, the license fee for the first contract year shall be <br /> calculated upon an estimate of its gross receipts for such first contract year, and an adjustment to refiect LICENSEE's <br /> actual gross receipts wiil be made following submission of the statement required by subparagraph 11(d)for such year. <br /> (b) LICENSEE represenis that its gross receipts for purposes of calculating the license fee for the first contract year of the <br /> year of the term have been determined in accordance with Sub-paragraph ❑ 11(a) (i) or ❑ 11(a) ii , <br /> and were$ � and that the license fee for the first contract year is accordingly$ / �� � � <br /> which amount shall be payable upon the execution of this agreement. (Frll in not less than$150) <br /> (c) For each subsequent contract year of the term,the license fee shall be payable on or before January 15. <br /> (d) The license fee specified hereinabove shall be determined by a statement (on forrns to be supplied by BMI), certified <br /> either by an officer or the auditor of LICENSEE, setting forth the total gross receipts for the immediately preceding contract <br /> year. This statement shall be due on or before November 1 of each contract year. A statement shall be submitted <br /> for every contract year of the term, regardless af the fact that LICENSEE may not have operated during the preceding <br /> year. � <br /> 12. REPORTING <br /> (a) LICENSEE agrees to furnish BMI within thirty (30) days following each concert during the term with a copy of the <br /> program utilized for each such concert, provided that LICENSEE shall at the same time furnish to BMI a list of the titles <br /> and composers/arrangers of all works performed in any such concert to the extent that such infarmation is not contained in <br /> such program (including, without limitation, all encores). <br /> (b) In the event that during the term hereof BMI collects a license fee from LICENSEE for a concert performance for which <br /> BMI shall also have collected a license fee from any one other than LICENSEE, it is agreed that BMI shall notify <br /> LICENSEE thereof, and LICENSEE shall be entitled to a credit against its next years license fee of the resulting <br /> overpayment, such credit not to exceed that portion of LICENSEE's fee which represents the amount collected by BMI on <br /> account of such performance. If such overpayment shall occur during the final contract year of the term hereof, BMI shall <br /> refund the amount thereof promptly after the determination of such overpayment. <br /> 13. TERM �►^ <br /> "Term"shall mean an initial period beginning September 1, 20 QO� and ending August 31, 20 and continuinc <br /> thereafter unless cancelled by either party at the end of said initial period, or at the end of any subsequent one (1)year period, <br /> upon thirty(30) days advance written notice by registered or certified mail. <br /> 3 <br />