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(iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined).
<br /> The term"dramatico-musical work"as used in this agreement, shall include, but not be limited to, a musical
<br /> comedy, oratorio, choral work, opera, play with music, revue, or ballet.
<br /> (d) This license does not authorize the performance of any special orchestral arrangements or
<br /> transcriptions of any musical composition in the repertory of SoCIETY, unless such arrangements or
<br /> transcriptions have been copyrighted by members of SOC�E'rY or foreign societies which have granted
<br /> SoCiETY the right to license such performances.
<br /> (e) SOCIETY reserves the right at any time to restrict the first American performance of any
<br /> composition in its reperto�y and further reserves the right at any time to withdraw from its repertory and
<br /> from operation of this license, any musical work as to which any suit has been brought or threatened on
<br /> a claim that such composition infringes a composition not contained in SOCIETY's repertory, or on a claim
<br /> that SOCIETY does not have the right to license the performing rights in such composition.
<br /> 3. Notice of Concerts or Recitals
<br /> LICENSEE agrees to give SOCIETY written notice of each concert or recital it will present, on forms
<br /> supplied free of charge by SoCtETY, at least thirty days in advance of such presentation. Such notification
<br /> shall include the date, name of attraction(s) appearing, name, location and seating capacity of the premises,
<br /> and highest price of admission (exclusive of tax) for each concert or recital.
<br /> 4. License Fees
<br /> (a) In consideration of the license granted herein, LICENSEE agrees to pay SoC�ETY the applicable
<br /> license fee for each concert or recital presented based on SoCIETY's current rate schedule, a copy of which
<br /> is annexed hereto and made a part hereof, payable thirty days in advance of each concert or recital presented.
<br /> (b) LICENSEE agrees to furnish to SOCIETY, where available, at the same time payment of license fees
<br /> is made pursuant to Paragraph "4(a)" of this agreement, a program containing a list of all musical works,
<br /> including encores, performed by LICENSEE in each of its concerts and recitals.
<br /> 5. Breach or Default •
<br /> Upon any breach or default by L�CEtvsEE of any term or condition herein contained, SOCIETY may
<br /> terminate this license by giving L�CENSEE thirty days notice to cure such breach or default, and in the event
<br /> that such breach or default has not been cured within said thirty days, this license shall terminate on the ,
<br /> expiration of such thirty-day period without further notice from SOC�ETY. In the event of such termination,
<br /> SOCIETY shall refund to LICENSEE any unearned license fees paid in advance. �
<br /> 6. Interference in Society's Operations '��
<br /> In the event of:
<br /> (a) any major interference with the operations of SOCIETY in the state, territory, dependency,
<br /> possession or political subdivision in which L�CENSEE is located, by reason of any law of such state,
<br /> territory, dependency, possession or political subdivision; or
<br /> (b) any substantial increase in the cost to the SoC�E'rY of operating in such state, territory, dependency,
<br /> possession or political subdivision, by reason of any law of such state, territory, dependency, possession
<br /> or political subdivision, which is applicable to the licensing of performing rights,
<br /> Soc�ETY shall have the right to terminate this agreement forthwith by written notice.
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