R89-43 AUTHORIZING AGREEMENT - MUNICIPAL BAND

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C VC ' r � ` . • F3 � , • CONCERTS AND RECITALS— BLANKET LICENSE AGREEMENT .�I��PEI1tErit between AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ("SOCIETY"), located at 11720 Borman Drive Ste . 224 St . Louis , MO 63146 and Cit of Decatur y , Illinois ("LICENSEE"), located at #1 C i v i c C e n t e r P 1 a z a Decatur , IL , 62523 as follows: "� " 1. Grant and Term of License (a) SOCIETY grants and LICENSEE accepts for a term of one year commencing 5-1—8 9 , and continuing thereafter for additional terms of one year each unless terminated by either party as hereinafter provided, a license to perform publicly at concerts or recitals in the United States presented by or under the auspices Of LICENSEE, and not elsewhere, nondramatic renditions of the separate musical compositions now or hereafter during the term hereof in the repertory of SoCIETY, and of whiCh SOCIETY shall have the right to license such performing rights. (b) This agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns, but no assignment shall relieve the parties hereto of their respective obligations hereunder as to performances rendered, acts done and obligations incurred prior to the effective date of the assignment. (c) Either party may, on or before thirty days prior to the end of the initial term or any renewal term, give notice of termination to the other. If such notice is given the agreement shall terminate on the last day of such initial or renewal term. . 2. Limitations on License (a) This license is not assignable or transferable by operation of law, devolution or otherwise, except as provided in Paragraph "1(b)" hereof, and is strictly ]imited to the LICE1vSEE and to the premises where each concert or recital is presented. (b) This license does not authorize the broadcasting or telecasting or transmission by wire or other- wise, of renditions of musical compositions in SOCIETY's repertory to persons outside of the premises where each concert or recital shall be presented. (c) This license is limited to nondramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a "dramatico-musical work" (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representa- tion of the work from which the music is taken; , (iii) performance of one or more musical compositions as part of a story or plot, whether ' accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation;