Meeting minutes for Consolidated Student Senate, University of Nevada, Las Vegas, January 27, 2003

I. CALL TO ORDER II. Michael J. Amesquita Jr. Education Senate President Pro Tempore Jessica Zarndt Health Sciences Tony Salsaa Business Anisa Izzolo Hotel Administration Rachael Wagner Liberal Arts Peter Goatz Student Development III. Nikki Flinner Education Ryan Cianci Liberal Arts Chester Corpuz Business Josh Goihl Business Sherry Snyder Business Nicole Sunstrum Education E. Faon Cobb Engineering Mark Ulep Engineering Kevin Mullinax Fine Arts Holly Nye Fine Arts Lisa Soldano Health Science Aaron Arneson Hotel Administration Nick Christiansen Liberal Arts Dustin Crawford Sciences Amy Schanhals Student Development Sherrelle Blood Urban Affairs ROLL CALL A. Student Senate President Christopher B. Powell B. Student Body President Monica M. Moradkhan C. Student Vice President Jennifer A. Hale D. Student Vice Senate President Pro-Tempore Michael Amesquita Jr ANNOUNCEMENTS 33r d ANNUAL STATE OF CSUN ADDRESS STUDENT BODY PRESIDENT MONICA MORADKHAN IV. APPROVAL OF MINUTES V. BOARD AND COMMITTEE REPORTS A. Senate Committee Reports B. Faculty Senate/University Committee Reports C. Business Manager Report D. Directors' Reports CSUN Services Director- Rocco Gonzalez Elections Director- Jennifer Angell Entertainment and Programming Director- Dallas Fueston Rebel Radio Director- Jason Chan Nevada Student Affairs Director- Brooke Buchanan Office of Student Information Director- Seth Juarez Publications Director- Thomas Carrow VI. UNFINISHED BUSSINESS VII. NEW BUSSINESS A. Action Item: Discussion/Approval of Emily L. Westcott as the new Senate Secretary. CONSOLIDATED STUDENTS • UNIVERSITY OF NEVADA 4505 MARYLAND PARKWAY • LAS VEGAS, NEVADA 89154-2009 • (702) 895-3645 • FAX (702) 895-4606 University of Nevada, Student Government Office of the Senate President Christopher B. Powell STUDENT SENATE MEETING 33-04 MONDAY, JANUARY 27, 2003 MSU 201, 6:00PM RECEIVED CONSOLIDATED STUDENTS STUDENT GOVERNMENTOFC£ UNIVERSITY OF NEVADA LAS VECAS B. Action Iteijun ^scn^i^/j^pjjjval of an amount not to exceed $500.00 for the UNLV Lacrosse Club funds to be encumbered from the CSUN 2702 FY 02-03 CSUN Services (Organizational Funding) Account, as submitted by Senator Amesquita. (See Attachment C. Action Item: Discussion/Approval of an amount not to exceed $9040.00 to the UNLV Theater Department for student tickets. Funds to be encumbered from the CSUN 2707 FY 02-03 Senate Discretionary (General Discretionary) See Attachment D. Action Item: Discussion/Approval of amount not to exceed $30,000.00 to be paid to Bogus Productions for production costs for "RebelPalooza 2003" on the date of April 15lh of 2003. Costs in the amount of $30,000.00 to be encumbered from the CSUN 2702 FY 02-03 Entertainment & Programming (Rebelpalooza) Account. Pending contract approval. E. Action Item: Discussion/Approval of an amount not to exceed $30,000.00 to be paid to alternative/rock entertainment for "RebelPalooza 2003" on the date of April, 5lh concert. Costs in the amount of 30,000.00 to be encumbered from the CSUN 2702 FY 02-03 Entertainment & Programming (Rebelpalooza) Account. Pending contract approval. F. Action Item: Discussion/Approval of amendments of the Nevada Student Alliance Constitution. See Attachmem G. Action Item: Discussion/Approval of an amount not to exceed $3600.00, for the 26th Annual Big XII Conference for Black Student Government. Cost to be encumbered from the CSUN 2702 FY 02-03 senate discretionary account; see attachmen H. Action Item: Discussion/Approval of an amount not to exceed $4,000.00 to the Building Usage Survey, cost to be encumbered from the CSUN 2702 Nevada Student Affairs FY 02-03 discretionary account; see attachmenl I. Action Item: Nomination/Election of one (1) student to serve as Publications Director for term ending April 30, 2003. J. Action Item: Discussion/Approval of amount not to exceed $850.00 to be paid to I.M. Operations (22212332315 university RECEIVED CONSOLIDATED STUDENTS STUDENT GOVERNMENT OFC£. UNIVERSITY Of NEVADA H account numberjlfor <t3i&intramural Field rental for April 5 . Costs in the a m o u n t ^ S 0 . 0 0 to ta^nc umbered from the CSUN 2702 FY 02-03 ®ft«^ainmen^^rTrogramming (Rebelpalooza) Account. K. Action Item: Nomination/Election of Peter Goatz to serve as Assistant Elections Director for term ending April 30, 2003. L. Action Item: Discussion/Approval of the 2003 Executive Board Elections Packet. M. Action Item: Discussion/Approval of the following locations to be polling sites for the 2003 Primary Elections to meet the requirements of Senate Bylaw 61: Hazel M. Wijgpigjj^ning Commons, Thomas Beam Engineering Complex, Alta Ham Fine Arts, William D. Carlson Education Building, and Paul McDermott Physical Education Building. N. Action Item: Discussion/Approval of an amount not to exceed $1,500.00 for a computer for the use of the Administrative Assistant. Cost to be encumbered from the CSUN 2702 FY 02-03 General (Office) Account. O. Action Item: Discussion/Approval if Samantha Aguero to serve as the Nevada Student Affairs Assistant for term ending April 30, 2003. P. Action Item: Discussion/Approval of Senator Rachel Wagner and E. Faon Cobb to serve on the Nevada Student Affairs Board for the term ending April 30, 2003. W^Wirti* Q. Action Item: Discussion/Approval of increasing the over all CSUN FY 02-03 operating budget by $52,000. R. Action Item: Discussion/Approval of increasing the FY 02-03 Voluntary Transfers Account (CSUN Fee Wmversj by $26,000.00. ^^ S. Action Item: Discussion/Approval of increasing the Nevada Student Affairs FY 02-03 Discretionary account by $4,000.00. T. Action Item: Discussion/Approval of increasing the Publication FY 02-03 account by $12,000.00 (10,000.00 literary magazine, $2,000.00 discretionary) CONSOLIDATED STUDENT? STUDENT GOVERNMENTCFCS, U. Action Item: al of increasing the Rebel Radio FY 02-03 discretionary account by $10,000.00. Mil 9 05 AH ' 0 3 V. Action Item: Discussion/Approval of an amount not to exceed $500.00 to Students for a Sensible Drug Policy costs to be encumbered from the CSUN 2702 FY 02-03 CSUN Services (Organizational Funding) Account, as submitted by Senator Goatz; see attachment W. Action Item: Discussion/Approval of an amount not to exceed $9,100.00 for 14 months of Live 365's Premium Online Broadcasting Services. Costs to be encumbered from the Rebel Radio Construction Account FY 02-03; see attachment X. Action Item: Discussion/Approval of the contract for Live 365's Premium Online Broadcasting Services; see attachment VII. EXECUTIVE BOARD ANNOUNCEMENTS AND SUMMATIONS VIII. GOOD OF THE SENATE IX. ADJOURNMENT Posted in accordance with Nevada Open Meeting Law (N.R.S. 241.000) at the following locations: Moyer Student Union, Frank & Estella Beam Hall, Flora Dungan Humanities, Classroom Building Complex and Thomas Beam Engineering Complex. SENATE PRESIDENT CHRISTOPHER B. POWELL SENATE SECRETARY EMILY L. WESTCOTT New Business SUPPLEMENTAL AGENDA Y. Action Item: Discussion/Approval of a transfer in the amount of $25,262.00 from the CSUN FY03 Voluntary Transfers Account to UNLV Student Financial Aide, to cover student fee waivers for Spring 2003 for CSUN Executive Board, Directors, Senators, and Assistants. RECEIVED CONSOLIDATED STUDENT $ STUDENT GOVERNMENT ores. UNIVERSITY OR NEVADA U : VEGAS JAN 22 9 06 A H ' 0 3 CONSTITUTION OF THE NEVADA STUDENT ALLIANCE ARTICLE 1 The Association Section lOO.OThis association shall be named the Nevada Student Alliance. (B/R 12/94) Section 110.0The purpose of the Nevada Student Alliance shall be: (B/R 12/94) 110.1 To promote, foster, advance, represent, and protect the interests and welfare of the students of the University and Community College System of Nevada; (B/R 12/94) 110.2 To give the students of the University and Community College System of Nevada a unified voice before all systems and legislative bodies; (B/R 12/94) 110.3 To aid in the enactment of legislation for the common good, as well as the good of students; (B/R 12/94) 110.4 To aid member schools' student governments in the attainment of their goals without undue interference in their internal affairs. (B/R 12/94) ARTICLE 2 Membership Section 200.0 Each of the eight nine student governments (undergraduate and graduate) in the University and Community College System of Nevada (University of Nevada, Reno, University of Nevada, Las Vegas, Nevada State College at Henderson, Community College of Southern Nevada, Truckee Meadows Community College, Western Nevada Community College and Great Basin College) shall be members of the Nevada Student Alliance. (B/R 10/96) Section 210.0 Each president of the active student governments shall act as or appoint a voting representative. Active shall be defined as the student governments who have actually appointed a voting representative. Each of the active student governments shall appoint an ex-officio representative. In addition to the ex-officio representative, each satellite campus shall be allowed to appoint an ex-officio representative. (B/R 12/94) Section 220.0 Voting representative shall be one person (usually the President) from each of the active student governments as approved by their respective member institution's student legislative body. (B/R 12/94) 220.1 Voting representatives shall be the only persons eligible for the positions of Chair, Vice-Chair, or Treasurer. (B/R 10/96) Rev. 189 (03/01) Titles 01 Pnna 1 Title 5 - UCCSN Governing Documents Chapter 21 RECEIVED CONSOLIDATED STUDENTS STUDENT GOVERNMENT OFC£. UNIVERSITY OF NEVADA LAS VEGAS Jah 22 9 06 AH'03 To: From Date: Re: The Multicultural Student Affairs requests the assistance of Student Senate to fund eight student leaders to attend the 26th Annual Big XII Conference for Black Student Government. The conference will be held from February 20-24 at Oklahoma State University in Norman, OK. The sponsorship of the Senate for $3600, $450 per student, will cover the cost of airfare, registration and included conference meals. Your sponsorship last year was crucial and allowed UNLV Students to represent the university at a national leadership conference. Our department, along with the Black Student Association, has received sponsorship from various offices at UNLV: the Vice President for Administration, the Vice President for Student Life Office and the College of Liberal Arts has contributed $1936 towards conference cost. Black Student Association will also contribute over $4000 towards conference cost to offset additional conference expenses such hotel costs, conference activities and meals not covered by the registration fees. The Big XII Conference on Black Student Government is a leadership conference that helps African American student leaders address issues relevant to African American students attending predominantly white college campuses. Conference attendees attend leadership and communication skill-building workshops, become more aware of successful plenary speaker workshops by national speakers, including critically acclaimed bestseller, George Fraser, and Dr. Bertice Berry for the 2003 conference. The eight ethnic minority students were selected from our student leaders active within the department. The enclosed conference schedule highlights the types of workshops offered; we know our students will bring back incredible ideas that will not only benefit the department, but the entire student body. The University of Nevada, Las Vegas student community will always benefit from supporting its student leaders in their efforts to become role models within their own groups. If you have any questions, concerns, or comments, please do not hesitate to call my office at 895-2050. We appreciate your attention and consideration. Enclosures: Itemized cost per students Conference agenda CSUN Amanda A. Clarence, Multicultural Student Affairs"^^ 1/15/2003 Request for Funding Multicultural Student Affairs 4505 Maryland Parkway • Box 452023 • Las Vegas, Nevada 89154-2023 (702) 895-4165 • FAX (702) 895-4996 Agenda RECEIVED CONSOLIDATED STUDENTS STUDENT GOVERNMENT0FC£ UNIVERSFIR OF NEVADA LAS V£QAS - JAN 11 9 0 6 A H ' 0 3 HARAMBEE: Myself, My PeopleMy Purpose Big XII Conference on Black Student Government February 20-23, 2003 Thursday, February 20, 2003 10:00am - 5:00 pm Career Faix/ /Tentative 4:00pm - 8:00pm Registration//Jacobson Hall 7:00pm - 9:00pm Opening Session//Oklahoma Memorial Union Ballroom 9:00pm - 1:00am Nite @ the Union//Oklahoma Memorial Union Friday, February 21, 8:00am - 12:00pm 8:00am - 10:30am 8:00am - 10:30am 9:30am - 10:30am 9:30am - 11:30am 10:00am - 7:00pm 10:50am - 11:50am 12:30pm - 2:00pm 2:30pm - 3:30pm 2:30pm - 5:00pm 3:45pm - 4:45pm 4:45pm - 7:00pm 7:00pm - 8:30pm 9:00pm - 11:00pm 10:30pm-12:30am 2003 Registration//Jaco£»son Hall Continental Breakfast//Respective Hotels Big XII Council Meeting//OCC£ Forum Workshop (Session I)//OCCE Forum Advisors'Meeting//OCCE Forum Vendor Fair*//OCCE Forum Workshop (Session II)//OCC£ Forum Luncheon //Lloyd Noble Center Workshops (Session lll)//OCCE Forum Big XII Council Meeting//4dams Hall Workshops (Session IV)//OCCf Forum Free Time Banquet//Sam Noble Museum* Gospel Extravaganza//Paul F. Sharp (Catlett) Friday Night U\/e//Commons Restaurant Saturday, February 22, 8:30am - 10:00am 9:00am - 11:00am 10:00am - 11:00am 10:00am - 7:00pm 11:20am - 12:20pm 11:20am - 12:20pm 12:30pm - 2:00pm 2:15pm - 4:30pm 2:30pm - 3:30pm 3:45pm - 4:45pm 5:00pm - 6:00pm 5:00pm - 7:00pm 7:00pm - 9:00pm 9:30pm - 11:30pm 11:00pm - 2:00am 2003 Continental Breakfast//Respective Hotels Big XII Council Meeting/'/'/Aoams Hall Workshops (Session I)//Adams Hall Vendor Fair*//Oklahoma Memorial Union Advisors' Meeting//Jaco6son Hall Workshops (Session ll)//Adams Hall Big XII Scholarship Luncheon//Oklahoma Memorial Union Big XII Council Meeting///\dams Hall Workshop (Session lll)//Adams Hall Workshop (Session I\J)//Adams Hall NPHC Member Reception//HTCC Free Time Big XII Awards Banquet//Sam Noble Museum* "The Big Show"//Rupel Jones Theatre Conference Closeout Party//Oklahoma Fieldhouse Sunday, February 22, 2003 11:00am Church Services RECEIVED CONSOLIDATED STUDENTS STUDENT GOVERNMENT OFCS. UNIVERSITY OF NEVADA LAS VEGAS Big 12 Conference on Black Student Government 1U J A H 7 Z 9 0 6 AH ' 0 3 Cost per student • Conference Registration: $100.00 • Travel Transportation $300.00 • Hotel $56.00 • (4 students per room, 3 nights) • Food $81.00 • ($27.00 per day, according to University per Diem) • (Price according to last years conference) • Misc. conference activities $75.00 • (According to last year) TOATL $612.00 Prices subject to change until reservation are secured. RECEIVED CONSOLIDATED STUDENTS STUDENT GOVERNMENT CFC£ UNIVERSITY C^ NEVADA LAS VEGAS JAM 22 9 os AM ' 0 3 December 11, 2003 MEMORANDUM TO: Monica Moradkhan President, CSUN FROM: Richard ] Senior Advisor to the President SUBJ: Request for fund for Student Survey I have attached a request for funding to conduct a survey of student attitudes of space utilization and course scheduling. The results of the survey will be used for a comprehensive report for the University and Community College System of Nevada (UCCSN) and for extensive planning of class scheduling on campus. This survey will provide data for many units on campus. Planning and Institutional Research 4505 Maryland Parkway • Box 451023 • Las Vegas, Nevada 89154-1023 (702)895-3651 • FAX (702) 895-1503 The University and Community College System of Nevada ( it all institutions undertake a comprehensive study of ways to improve scheduling policies and procedures on campus. An extensive report is due to the Chancellor by April 15, 2003. (I have attached a copy of a memo from Chancellor Jane Nichols outlining the information required for the report.) The report will be prepared under the auspices of the University Planning Council with input from the Provost's Office, the Vice-President for Administration, the Vice-President for Student Life, and other groups on campus. A major part of the report will focus on student attitudes, student preferences concerning times when classes should be offered, student work schedules, and other student issues that will affect space utilizations and class scheduling. In order to discover the views of students, the university will conduct a survey of 1000-1500 students early in the Spring Semester of 2003. The survey will be conducted by the Cannon Center for Survey Research and will cost approximately $4,000. At the same time, the Cannon Center for Survey Research will conduct a survey of faculty on their attitudes. The faculty survey will be funded by the university administration. UNLV has never conducted an extensive survey on this subject. The findings from survey will useful for the report required by UCCSN, but it will also provide a great deal of information that can be used by units of the campus, including CSUN. The survey will provide information that will improve students' educational experience. Therefore, I am requesting $4,000 from CSUN to fund the survey. If I can provide any further information, please feel free to call me at 895-1704. BROADCASTER AGREEMENT FOR ORGANIZATIONS, GROUPS, BUS 1 Radio) Nanocosm, Inc. d/b/a Live365.com, 1291 E. Hillsdale Blvd., #225, Foster City, CaJjfljrgg 94^4Q^S^j(l«np365); and Broadcaster identified below (Broadcaster). J Live365 operates the Internet radio service Live365.com. Broadcaster wishes to use Live365's service to transmit audio via the Internet. Live365 and Broadcaster agree as follows: 1. Services. Live365 provides Services for Broadcaster's transmission of Broadcaster's Content over the Internet via streaming audio through Live365.com as defined in the PLR Order Form attached hereto and made a part hereof. "Broadcaster's Content" means but is not limited to all archived materials and uploaded materials, whether audio, text or graphic, live, looped or archived broadcasts, and any other radio programs transmitted by Broadcaster through Live365.com. Live365 reserves the right to modify the Services. 2. Fees and Payment. Broadcaster shall pay Live365: (a) the Set Up Fee, upon signing; and (b) monthly Fees, at least five days before the commencement of each month. Live365 reserves the right to increase the Fees on the provision of 30 days' written notice to the Broadcaster; F Broadcaster disagrees with such increase, Broadcaster may discontinue the service. Live365 reserves the right to charge Broadcaster for credit or debit card charges, where applicable. Broadcaster is responsible for payment of all taxes, duties or levies imposed, other than Live365's income taxes. If the Fees are not paid within 10 days of the due date, Live365 may elect to charge interest on outstanding Fees at the rate of 1.5% per month or the maximum amount allowed by law, and may terminate the service. Broadcaster must provide notice of billing discrepancies within 30 days after receipt of invoice, Broadcaster shall be deemed to have accepted the amounts due and releases Live365 from any liability and claims of loss resulting from any error or discrepancy. 3. Trademark License. Live365 grants Broadcaster a non-exclusive, non-transferable, royalty-free, worldwide license to use and display Live365's Marks for the purpose of advertising and promotion of Broadcaster's Content. Broadcaster grants Live365 a non-exclusive, non-transferable, royalty free, worldwide licence, to use Broadcaster's Marks (including, if applicable, Broadcaster's radio call signs) in Live365's directory listing of Internet radio broadcasters and anywhere else on or in connection with the Live365.com, or in connection with advertising and promotion of Live365. Neither Party shall take any action that vould impair, denigrate, convey ownership in or damage the other Party's rights in their respective Marks or other proprietary products or services. 4. Software License. Live365 grants Broadcaster a non-exclusive and non-transferable license to use the Software for the sole purpose of enabling Broadcaster to use the Services. Broadcaster shall not decompile, reverse engineer, disassemble, tamper or otherwise reduce the Software to human readable form nor permit any third party to do sq and agrees that all rights in the Software remain with Live365.com. Broadcaster undertakes to use its best endeavors to protect and keep confidentia I the Software. 5. Compliance. Broadcaster shall at all times comply with all applicable laws, rules and regulations and Live365's policies (as amended from time to time), including, without limitation: (a) the User's Agreement (in the event of any conflict between the provisions of the User's Agreement and this Agreement, the provisions of this Agreement prevail); (b) the Terms of Use and Privacy Policy; (c) applicable data protection laws, rules and regulations in any applicable jurisdiction; and (d) codes of practice, including without limitation the Internet Industry Association Code of Conduct. 6. Broadcaster's Undertakings. Broadcaster undertakes to comply with the technical and other requirements made by Live365 for the performance of the Services; and to inform Live365 immediately upon receipt of notice from any third party alleging that the Broadcaster's Content or any part of it: (i) infringes any third party copyright, trademark, trade secret or any publicity, privacy or patent right or other similar personal or proprietary rights; and (ii) is in breach of any of the terms of the User Agreement, Terms of Use or the Privacy Policy. 7. Broadcaster's Warranties. Broadcaster represents and warrants that: (a) Broadcaster is not an individual / natural person; (b) Live365's receipt, storage, use, transmission or retransmission of the Broadcaster's Content or any part of Page 1 o f 4 L i v e 3 6 5 . c o m 1291 East Hillsdale Blvd., Suite 225 Foster City, C a l i f o r n i a 94404 1/17/01 it ("Handling") shall not violate or infringe any third party intellectual prope privacy right; (c) Live365's use of Broadcaster's Marks, and any updates and modif olate or infringe any intellectual property rights a any publicity or privacy right; (d) Li\ caster's Content or any part of it from the Live365.com or any other part of the service shall not breach any content standards requirements or codes promulgated by any relevant authority including all authorities to whom Broadcaster and Live365 may be subject and also including the Internet Industry Association Code of Conduct; (e) the Broadcaster's Content will not contain or disclose processes or instructions which if implemented, might cause damage or injury to any person or property; (f) the Broadcaster's Content which if unsuitable for minors, will be marked or clearly identified by warnings that the Broadcaster's Content is unsuitable in accordance with current industry standards, content requirements or codes of practice promulgated by the relevant authority; (g) it has authority or has obtained any and all necessary approvals or licenses (compulsory or otherwise) for the storage, use, transmission and retransmission of the Broadcaster's Content or any part of it over the Internet and that such authority, approval or license, if any, is current and in full force and effect; (h) the content of the Broadcaster's Content or any part of it and to be transmitted through the Live365.com or otherwise made available t) the public or any part thereof does not contain material that is defamatory, libelous, obscene or otherwise unlawful. For the avoidance of doubt, Live365 has no responsibility for the content of the Broadcaster's Content and no obligation to review, edit or monitor the content; (i) no litigation is pending or threatened with respect to the Broadcaster's Content or any part of it; (j) all service or product claims made by Broadcaster pursuant to or in connection with this Agreement shall be true and correct and fully substantiated in accordance with applicable government laws and regulations, and Broadcaster shall not perform any act (or fail to perform any act) in violation of any government law, statute, or regulation; (k) by its duly authorized representative, it has read and understood the content of Live365's User Agreement, Terms of Use, and Privacy Policy; and (1) it shall at all times comply with the provisions of applicable laws, rules and regulations and with Live365's policies, including without limitation Live365's applicable User Agreement, Terms of Use, and Privacy Policy. 8. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIVE365 PROVIDES THE SERVICES "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. LIVE365 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LIVE365 BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, EVEN IF LI VE365 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIVE365'S LIABILITY FOR ACTS OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. 9. Disclaimer. THIS SECTION CONTAINS THE ONLY WARRANTIES, EXPRESS OR IMPLIED, MADE BY LIVE365. ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DECLINED. LIVE365 DISCLAIMS ANY IMPLIED WARRANTIES, PROMISES AND CONDITIONS OF MERCH ANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND / OR NON-INFRINGEMENT, WHETHER AS TO ANY SERVICES OR TOOLS RENDERED BY LIVE365 AND / OR THE TECHNOLOGY DEPLOYED IN CONNECTION THEREWITH. LIVE365 MAKES NO REPRESENTATION THAT THE OPERATION OF THE LIVE365.COM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND L1VE365 WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 10. Indemnity. Broadcaster hereby indemnifies and holds harmless, and agrees to defend against any third-party claim or action brought against Live365 or any of its parent, subsidiary or affiliated companies, its or their directors, officers, employees, licensees, agents, attorneys, assigns or independent contractors, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) that would constitute a breach of any warranty, representation, covenant or agreement made by the Broadcaster herein (.Indemnified Claims). Live365 shall (at Broadcaster's expense) be entitled to participate in the defense of any claim with its own counsel. Page 2 o f 4 L i v e 3 6 5 . c o m 1291 East Hillsdale Blvd., Suite 225 Foster City, C a l i f o r n i a 94404 1/17/01 11. Discontinuance. Live365 reserves the right to cease, discontinue, susp< 's Content if, in Live365's sole opinion, the Broadcaster's Content is in breach of any ,ive365 ceases, discontinues, suspends or deletes any Broadcaster's Content, Live36f ith reasonable notice. 12. Term; Termination. This Agreement commences on the date on which Live365 has received a duly executed copy of this Agreement and, subject to Parties' rights of termination below, shall continue initially for a period of one year, provided however, that (a) thereafter, the Term shall continue for successive one year periods unless either Party terminates, and (b) either Party may terminate this Agreement at any time by writtennotice to the other Party (which shall be deemed effective upon receipt) if the other Party materially breaches any of the terms, covenants, warranties, representations, indemnities or obligations under this Agreement. On termination or expiry of this Agreement for any reason, Live365 may cease transmission of the Broadcaster's Content and shall have the right to delete any and all of the Broadcaster's Content, data and other materials on its servers. Live365 shall have no obligation whatsoever to repay any amounts (including payments in advance) received from Broadcaster in respect of Services provided hereunder. 13. Notices. Any communication in connection with this Agreement shall be in writing and sent by fax or prepaid post (unless the address is changed by a notice), To Live365: at the address provided above, Attn: General Counsel. To Broadcaster: at the address set out below. 14. General. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous communications. The Agreement may not be modified except by a written agreement signed by authorized representatives of Live365 and Broadcaster. Jf a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of the Agreement shall continue in full force and effect. Broadcaster may not assign this Agreement without Live365's prior written approval. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party. No employer-employee relationship, partnership or joint venture is created hereunder. The Parties each agree to take all actions and execute all documents as may be necessary or desirable to carry out or implement and give full effect to the provisions and intent hereof. This Agreement and all matters arising under it shall be governed by the applicable laws of the USA, including U.S. intellectual property laws, and the laws of California applicable to contracts entered into and wholly to be performed therein, without regard to choice of law rules. The Parties consent to the exclusive jurisdiction of the federal and state courts of California. IN WITNESS WHEREOF, the Parties have duly executed this Agreement. BROADCASTER: Organization Name: Address: Organized Under Law of: Signature: Name / Title: Date: NANOCOSM, INC. / LIVE365.COM -- Signature: ( Page 3 o f 4 L i v e 3 6 5 . c o m 1291 East Hillsdale Blvd., Suite 225 Foster C i t y , C a l i f o r n i a 94404 1/17/01 SERVICES and FEES (Subject to change) Live365 provides the Services at the Fees indicated on the Rate Card ( I. Broadcaster must enclose / return EACH of the following to Live365 before Broadcaster is authorized to broadcast on Live365: • this Agreement, duly completed and signed • Payment -- Initial Fee (see Rate Card) • Monthly Fees — Payment Authorization for Credit Card charging monthly by Live365, or • Monthly Fees - Check. II. Broadcaster must ALSO enclose: • a Web-safe color scheme for a customized play 1 ist window (for Premium Broadcasters only) • .eps or other designated logo files formatted for Broadcaster's customized playlist window (if applicable; if this option is selected for Basic Broadcasters) III. During the Term, Broadcaster shall also be responsible: • to transmit to Live365 at a speed designated by Live365 (an ISDN line or faster), for Simulcasts • to upload and maintain sound files for Broadcaster's Content in accordance with Live365's specifications (as the same may change from time to time), for Easy casts • to ensure that its website will launch Live365's playlist window (may be co-branded) whenever a user initiates a listening event • to ensure that proper ID3 tagging is provided to Live365 with respect to each sound recording on each playlist • to ensure that Broadcaster's website includes a "powered by Live365" logo in close proximity to the link(s) to Live365.com • to regularly refresh Broadcaster's Content as may be required • to arrange for any and all licensing that may be required from all relevant performing rights organizations if the broadcaster seeks to earn revenues from advertising incorporated into the broadcast(s). Initialed by Broadcaster: Page 4 of 4 L i v e 3 6 5 . c o m 1291 East Hillsdale Blvd., Suite 225 Foster City, C a l i f o r n i a 94404 1/17/01 Minutes Student Senate Meeting 33-05 Monday,