Meeting minutes for Consolidated Student Senate University of Nevada, Las Vegas, April 17, 1995

University of Nevada, Las Vegas Student Government Office of the Senate President J. William Romero, Jr. Patrick T.C Smith Senate President Pro Tempore Business & Economics John W. Pida Human Performance & Development Walt C. Vodrazka, Jr. Engineering Jamie J. Fox Education Scott D. Schwartz Hotel Administration Shawna J. Campbell Liberal Arts Terence Carroll Student Development Keith W. McLain Science & Mathematics Leia Fleischman Fine & Performing Arts Kirstin Anderson Liberal Arts Terry A. Morro w Communications 'ue Laxague business & Economics Edward A. Rivera Business & Economics Laura Zurek Totel Administration Julie Wong Education Carl Tolbert Liberal Arts Steven W. Eisen Business & Economics Geoffrey Fayyad Student Development Terry A. Moore Studies Jonathan Schiff Hotel Administration Sandra Shelling Health Sciences AGENDA SENATE MEETING 25-16 MONDAY, APRIL 17,1995 MOYER STUDENT UNION 201 6:30P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 25-14 & 25-15 IV. ANNOUNCEMENTS V. BOARD & COMMITTEE REPORTS A. SENATE COMMITTEE REPORTS a. Rules & Ethics, CHAIR SCHWARTZ b. Campus Safety & Awareness,CHAIR FLEISCHMAN c. Bylaws, CHAIR MCLAIN d. Ad hoc Constitutional Revision, CHAIR CAMPBELL e. Ways & Means, CHAIR FOX f. Student Health Liaison, SENATOR RIVERA g. Ad hoc Student Health Committee, CHAIR SMITH h. VACANT SENATE SEATS 1. Architecture (1) 2. Student Development (1) B. DIRECTOR REPORTS a. Nevada Student Affairs, DIRECTOR JOHANNSSON b. Office of Student Information,DIRECTOR WALLACE c. Organizations Board, DIRECTOR PHILLIPS d. Student Services, DIRECTOR GREENHALGH BUSINESS MANAGEMENT REPORTS a. Consolidated Student Business Manager b. KUNV91.5FM c. Residential Hall Liaison PAGE 1 CONSOLIDATED STUDENTS • UNIVERSITY OF NEVADA 4505 SOUTH MARYLAND PARKWAY • LAS VEGAS, NEVADA 89154-2009 • (702) 895-3477 • FAX (702) 895-4606 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 D. FACULTY SENATE SEAT REPORTS a. Academic Budget b. Academic Standards c. Admissions d. Code e. Curriculum f. General Education g. Grievance h. Library i. Public Relation j. Scholarship k. Status of Women 1. Rebel Yell Advisory Board A. Approval of $ 150.00 per month stipend for Stephanie Araiza, CSUN Elections Board Director for the month of April, 1995 to be encumbered from the CSUN 2702 (Gen) account (tabled per bylaw 4 at Senate meeting 25-14); VIII. NEW BUSINESS A. Approval of an amount not to exceed $1,235.00 for KUNV spring program guide to be encumbered from the 2703 (KUNV) account; B. Re-approval of contract and an amount not to exceed $575.00 for CSUN Concert Series band "Sour Grapes" to be held April 26, 1995 at 12:20p.m. to be encumbered from the 2705 (E&P) account; C. Approval of a $11,000.00 line item transfer of budget authority to increase the FY 94-95 2703 KUNV operating line. Budget authority options to be discussed at the meeting; D. Approval of contract/license agreement for CSUN Carnival to be held on April 19, 1995 as submitted by SENATOR SMITH; IX. OPEN DISCUSSION VII. UNFINISHED BUSINESS VI. PUBLIC COMMENT [In accordance with N.R.S. 241.020 (2)(c)(3)] PAGE 2 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 X. ADJOURNMENT ( Posted in accordance with the Nevada Open Meeting Law (NRS 241.00) at the following Moyer Student Union Frank & Estella Beam Hall Flora Dungan Humanities Bldg. Wright Hall Thomas Beam Engineering Complex locations: JWR/bag PAGE 2 University of Nevada, Las Vegas Student Government Office of the Senate President SUPPLEMENTAL AGENDA SENATE MEETING 25-16 MONDAY. APRTL 17.1995 6:30P.M. VIII. NEW BUSINESS E. Approval of an amount not to exceed $ 1,000.00 for co-sponsorship pf 1994-95 Wellness Expo from the 2706 (StuSvcs) account; Posted in accordance with Nevada Open Meeting Law (NRS 241.00) at the following locations: Moyer Student Union Frank & Estella Beam Hall Flora Dungan Humanities Bldg. Wright Hall Beam Engineering Complex JWR/bag : University of Nevada, Las Vegas Student Government Office of the Senate President MINUTES SENATE MEETING 25-16 MONDAY, APRIL 17,1995 MOYER STUDENT UNION 201 6:30P.M. I. CALL TO ORDER SENATE PRESIDENT ROMERO called the meeting to order at 6:37p.m. II. ROLL CALL PRESENT Kirstin Anderson Shawna Campbell Terence Carroll Steven Eisen Leia Fleischman Jamie Fox Joe Laxague Keith McLain Terry Moore Terry Morrow John Pida Edward Rivera Jonathan Schiff Scott Schwartz Patrick Smith Carl Tolbert Walt Vodrazka Julie Wong Laura Zurek Nadia Deluca (appointed) III. APPROVAL OF MINUTES 25-14 & 25-15 Out of order, not signed yet. IV. ANNOUNCEMENTS STUDENT BODY VICE PRESIDENT - RSVP's for the banquet are due tonight. SENATE PRESIDENT PRO TEMPORE SMITH - Thank you to those of you who came to ComedySportz, there were 400 people in attendance. ABSENT Geoffrey Fayyad (unexcused) Sandra Shelling (excused) PAGE 1 CONSOLIDATED STUDENTS • UNIVERSITY OF NEVADA. 4505 SOUTH MARYLAND PARKWAY • LAS VEGAS, NEVADA 89154-2009 • (702) 895-3477 • FAX (702) 895-4606 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 SENATE PRESIDENT ROMERO - he met with Manager Callison about the audit, the recommendations for decisions on the issues brought up will be on the agenda for approval at the next meeting; there are applicants here tonight for the open Student Development seat; New Business item E didn't pass Executive Board so at this point it is out of order. V. BOARD & COMMITTEE REPORTS A. SENATE COMMITTEE REPORTS a. Rules & Ethics, CHAIR SCHWARTZ - no report. b. Campus Safety & Awareness, CHAIR FLEISCHMAN - read the lighting report she received (see attached); she has scheduled a meeting for Monday at 5:15p.m. in the Senate Chambers. c. Bylaws, CHAIR MCLAIN - the committee has a meeting scheduled for Friday at 2:00p.m.; he would like to talk to each member of the committee after the Senate meeting. d. Ad hoc Constitutional Revision, CHAIR CAMPBELL - no report. e. Ways & Means, CHAIR FOX - the last committee meeting was tonight; if anyone has questions about the funding requests come ask the committee members before the meeting. f. Student Health Liaison, SENATOR RIVERA - the $5.00 fee increase was approved, but this whole thing isn't over yet. g. Ad hoc Student Health Committee, CHAIR SMITH - he has gotten positive feedback from last weeks decision on the Student Health Center; is bringing in a company to look at privatizing the Health Center. h. VACANT SENATE SEATS Motion to nominate Micheal Vaghn, Nadia Deluca, and Micheal Mangapit for the open Student Development seat made by SENATOR MORROW, seconded by SENATOR FLEISCHMAN. Motion to close nominations for the College of Student Development made by SENATOR SMITH, seconded by SENATOR CAMPBELL. Move into a vote. Motion passes 19-0-0. Motion to allow each candidate to speak for no more than 2 minutes, followed by a question and answer session, followed by a roll call vote made by SENATOR FLEISCHMAN, seconded by SENATOR TOLBERT. Move into a vote. Motion passes 19-0-0. Micheal Mangapit spoke to the Senate and answered questions. Nadia Deluca spoke to the Senate and answered questions. PAGE 2 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 Move into a roll call vote. Micheal Vaghn received 0 votes, Micheal Mangapit received 9 votes, and Nadia Deluca received 10 votes. Nadia Deluca receives the seat for the College of Student Development. SENATE PRESIDENT ROMERO calls a recess to swear in the new Senator at 6:54p.m. SENATE PRESIDENT ROMERO calls the meeting back to order at 7:00p.m. B. DIRECTORS REPORTS a. Nevada Student Affairs, DIRECTOR JOHANNSSON - report given by SENATOR SMITH - the Health Expo is at 10:00 in the MSU; the survey reports will be in the Senate boxes this week; she will continue to work on a leadership conference for next year. b. Office of Student Information, DIRECTOR WALLACE - no report. c. Organizations Board, DIRECTOR PHILLIPS - thanks to the people who attended Jumpin' Boots; the last Organizations Board meeting is tomorrow; the Scavenger Hunt starts on Friday; Peaceful Words and King for a Day are playing on Friday. d. Student Services, DIRECTOR GREENHALGH - thank you to the people who attended Thornburgh vs. Grimes, there were 28 people at this event; everything for the rest of the term is done; he hopes that there is better turn out at the next event. C. BUSINESS MANAGEMENT REPORTS a. Consolidated Student Business Manager, MANAGER CALLISON - gave the Financial Report for the week (refer to audio tape); the breakdown for the KUNV is that they will be printing 6,000 programs, and the line item transfer item is $5,000.00 to come out of the 2710 (Pub) account, they need the increase to finish out the Fiscal year and they will be replacing the money as they collect it; the contract from the Thomas & Mack Center is the first one she has ever received from them like this; the Directors contracts expire on 04/30/95, there is a conflict with the CSUN Constitution but that is the last day on their Employment Documents which were approved by the Senate last summer; refund checks from elections are in; Funding Request checks are in too, the organizations should be encouraged to pick them up before they staledate; the reapproval of Sour Grapes is so that they can avoid the 1099 tax form. b. KUNV 91.5 FM - no report. c. Residential Hall Liaison - no report. D. FACULTY SENATE SEAT REPORTS a. Admissions, SENATOR MCLAIN - proxy for SENATOR FLEISCHMAN and the committee discussed and voted on scholarships and admission for some students. PAGE 2 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 b. Curriculum - SENATOR MORROW and SENATOR VODRAZKA resign from their seats because they are unable to make it to the meetings, they are at 2:00p.m. on Fridays. c. General Education, SENATOR FOX - there is a meeting tomorrow at 7:30a.m. in BEH 518 and she will need a proxy (SENATOR SCHIFF volunteer to proxy). d. Grievance - SENATOR SMITH resigns due to lack of action. e. Public Relations - SENATOR SMITH resigns due to lack of action. f. Scholarship, SENATOR SCHWARTZ - there are meetings on the next two Wednesdays in the Library Classroom. g. Rebel Yell Advisory Board, SENATOR MORROW - she was a proxy for the last meeting, at it the auditors explained their findings and gave recommendations, if anyone is interested she has the audit report. VI. PUBLIC COMMENT [In accordance with N.R.S. 241.020 (2)(c)(3)]. No comment from the gallery. VII. UNFINISHED BUSINESS A. Approval of $ 150.00 per month stipend for Stephanie Araiza, CSUN Elections Board Director for the month of April, 1995 to be encumbered from the CSUN 2702 (Gen) account (tabled per Bylaw 4 at Senate meeting 25-14); Motion to remove from the table made by SENATOR PIDA, seconded by SENATOR RIVERA. Move into a vote. Motion passes 19-0-1. SENATOR SMITH abstained. SENATOR MOORE stated that he believed that the stipend should be decrease to $100.00. SENATOR CAMPBELL stated that Director Araiza did a lot of behind the scenes work. SENATOR FLEISCHMAN stated that she saw Director Araiza in the office often than people who are paid more than her. Move into a vote. Motion passes 17-0-3. SENATORS MOORE, SMITH, and RIVERA abstained. VIII. NEW BUSINESS A. Approval of an amount not to exceed $1,235.00 for KUNV spring program guide to be encumbered from the 2703 (KUNV) account; Motion to approve made by SENATOR FOX, seconded by SENATOR SCHWARTZ. PAGE 2 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 PRESIDENT ROMERO explained that it was a calendar of the years upcoming events for KUNV to distribute to their listeners and the community. Move into a vote. Motion passes 20-0-0. B. Re-approval of contract and an amount not to exceed $575.00 for CSUN Concert Series band "Sour Grapes" to be held April 26, 1995 at 12:20p.m. to be encumbered from the 2705 (E&P) account; Motion to approve made by SENATOR FLEISCHMAN, seconded by SENATOR ZUREK. Move into a vote. Motion passes 19-0-1. SENATOR MCLAIN abstained. C. Approval of an $ 11,000.00 line item transfer of budget authority to increase the FY 94-95 2703 KUNV operating line. Budget authority options to be discussed at the meeting; Motion to approve made by SENATOR SCHWARTZ, seconded by SENATOR FOX. Motion to amend to $5,000.00 to be encumbered from the 2710 (Pub) account made by SENATOR TOLBERT, seconded by SENATOR SMITH. Move into a vote. Motion passes 20-0-0. Move into a vote on amended item. Motion passes 20-0-0. D. Approval of contract/license agreement for CSUN Carnival to be held on April 19, 1995 as submitted by SENATOR SMITH; Motion to approve made by SENATOR ZUREK, seconded by SENATOR RIVERA. Motion to waive Bylaw 39 for 15 minutes made by SENATOR SMITH, seconded by SENATOR RIVERA. Move into a vote. Motion passes 17-2-1. SENATORS MCLAIN and FLEISCHMAN opposed. SENATOR FOX abstained. Move into a vote on item D. Motion passes 20-0-0. Item E on the Supplemental Agenda is ruled out of order by PRESIDENT ROMERO because it did not pass Executive Board. IX. OPEN DISCUSSION PAGE 2 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 SENATOR SCHWARTZ - no comment. SENATOR ZUREK - no comment. Personal Privilege by SENATORS SCHWARTZ and ZUREK at 7:50p.m. SENATOR WONG - Welcome to Senator Deluca. SENATOR FOX - Welcome to Senator Deluca; glad to be done with the Ways & Means meetings for a while. SENATOR MORROW - Welcome to Senator Deluca. SENATOR MOORE - everyone who didn't attend the Grimes vs. Thornburgh debate missed a good one; Welcome to Senator Deluca. SENATOR CARROLL - Spring Extravaganza and ComedySportz were great; Welcome to Senator Deluca. SENATOR MCLAIN - would like to meet with his committee members after the Senate meeting; Congratulations to Senator Deluca. SENATOR PIDA - Congratulations to Senator Deluca; today is the last day for taxes; inquire into the CSUN Leadership Scholarship Committee; Good Luck on finals. SENATOR VODRAZKA - Director Greenhalgh was wrong it was only $400.00 per person for Grimes vs. Thornburgh. SENATOR EISEN - Congratulations and Welcome to Senator Deluca; commended Micheal Mangapit for running for the Senate seat; he wasn't trying to attack Director Greenhalgh personally. SENATOR RIVERA - Welcome to Senator Deluca. SENATOR ANDERSON - Welcome to Senator Deluca; it's great that this is such a short meeting; the Thornburgh vs. Grimes was a good debate, it was sad that there was such a poor turnout. SENATOR TOLBERT - Congratulation to Senator Deluca; it looks like there is going to be a complaint filled against the Elections Board; there is a softball practice on April 23rd at 11:00a.m. at Cannon Jr. High; games are on the 29th and 30th. SENATOR CAMPBELL - Congratulations to Senator Deluca; if the Senate ever hires that elections company again she will be back to lobby against it; the Milton Grimes PAGE 2 SENATE MINUTES 25-16 / MONDAY, APRIL 17, 1995 debate and ComedySportz were good; she would recommend that they check into what is going on at the annex with the people hired to watch it. SENATOR LAXAGUE - the Grimes vs. Thornburgh debate was good, he encourages the next Executive Board to hire a good Entertainment & Programming Director to put these events on. SENATOR SCHIFF - Welcome to Senator Deluca. SENATOR DELUCA - Thank you for the welcome. SENATOR FLEISCHMAN - Spring Extravaganza went well; she is concerned about 2 different LPO's for awards for the banquet; please come to the Safety & Awareness meeting. SENATE PRESIDENT PRO TEMPORE SMITH - he is checking into getting the CSUN computers on line; ComedySportz was good, and he would like to bring them back. SENATE PRESIDENT ROMERO - Welcome to Senator Deluca; try to get the Faculty Senate seats filled as soon as possible; President Boixo is trying to take corrective measures for publication of events; he doesn't know yet what is going to happen with the Judicial Council now that the Chief Justice's term has expired, 2 recommendations will appear on the agenda next week; remind organizations who have received funding to come in and pick up their checks. X. ADJOURNMENT Motion to adjourn made by SENATOR VODRAZKA, seconded by SENATOR FOX. Move into a vote. Motion passes 18-0-0. The meeting is adjourned at 8:03p.m. J. William Romero, Jr. SENATE PRESIDENT t!i -CI oO '— I—> —- ( PAGE 2 0 4 / 1 1 / 9 5 TUE 1 5 : 0 8 FAX 7 0 2 895 1 0 9 9 THOMAS & MACK CEiNTER LICENSE AGREEMENT THOMAS & MACK CENTER UNIVERSITY OF NEVADA, LAS VEGAS BOX 450003 LAS VEGAS, NV 89154-0003 1. THE BOARD OF REGENTS, THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA ON BEHALF OF THE UNIVERSITY OF NEVADA, LAS VEGAS (herein called the "University") and the THOMAS AND MACK CENTER (herein called the "Center") hereby grants to: organization: CONSOLIDATED STUDENTS OF THE UNIVERSITY OF NEVADA address: 4505 Maryland Parkway city & state: Las Vegas, NV 89154-2009 phone: (702) 895-3645 representative: STEPHANIE BODCO organization: INLAND EMPIRE SHOWS, INC. address: P.O. Box 160 city & state: Nampa, ID 83653-0160 phone: (208)888-7888 representative: L. REED WILLIAMS (herein callcd the "Licensee") permission to use all that certain space (hereinafter referred to as Licensed Space), known as Thomas and Mack Center situated in Clark County, Nevada and such other parts of thai structure as may be permitted by the University for the sole purpose of presenting: C.S.U.N. CARNIVAL '95 on the following date(s) and at the following time(s): Day Date Monday April 17,1995 (Move-In) Tuesday April 18,1995 (Move-In) Wednesday April 19,1995 Thursday April 20,1995 Friday April 21.1995 Saturday April 22,1995 Sunday April 23,1995 Move-in period shall begin at 8:00 a.m. on April 17,1995, and Move-out must be completed by 11:59 p.m. on April 23,1995. Licensee Representative Initial, 0 4 / 1 1 / 9 5 THE 1 5 : 0 0 FAX 7 0 2 895 1099 THOMAS & MACK CENTER ® 0 0 3 2. FEE TERMS: Licensee agrees to pay the Center a guarantee of $3,750.00 for use of the Facility's Blue Parking Lot or Zero % of the gross receipts from paid admissions, whichever is greater, payable as follows: Three Thousand Seven Hundred RftyDollars ($3,750.00) of the minimum guaranteed rental on the execution hereof at least thirty days in advance of the licensed period. All percentage rentals and other money due the Center shall be paid immediately after the event Deposit checks shall be made payable to "UNLV Board of Regents". "Gross receipts from paid admissions" shall mean the gross amount paid for tickets, admissions or any rights to admissions after deducting only any applicable federal, state or local admission taxes. Gross receipts shall be determined irrespective of whether paid in cash or otherwise and irrespective of the failure of the holder of any admission ticket to use same. 3. INSURANCE: Licensee shall obtain, at its own expense, and keep in effect during the full period for which privileges hereunder are granted a policy or policies of public liability insurance in which the Licensee and THE BOARD OF REGENTS, THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA, AND THE UNIVERSITY OF NEVADA, LAS VEGAS, plus their officers, agents, service contractors, concessionaires and employees acting in the scope of their duties relating to the licensed event shall be named as co-insured. The minimum public liability policy shall be: $1,000,000.00 combined single limits covering injury to persons or damage to property in or about the Licensed Space or occurring in the course of or as a result of the privileges granted hereunder. The aforesaid policy or policies shall be in a form and content satisfactory to the University and cover all operations and premises to be used. Not later than seven days before the start of the event. Licensee shall furnish to the Center a certificate or certificates evidencing that the required insurance policies are in full force and effect In the event that Licensee does not provide certification evidence of such insurance, the Center reserves the right to insure Licensee according to Center standards with all costs being referred to the Licensee. 4. EXTENDED USE: In the event Producer has not terminated its event within the period specified in paragraph 1 of this Agreement, there shall be added rental for each additional hour or portion thereof equivalent to Twenty Percent (20%) of the minimum guaranteed rental. This extended use rental shall be over and above any and all percentage rental and other money due the Center under this Agreement 5. STAFFING: Center will secure and Licensee will pay, at the rates in effect at the time of the event all necessary staffing, including security guards. The Center retains the right to determine die appropriate number of staff and security personnel necessary to serve and protect the public. Licensee shall, at its own expense, employ all necessary musicians, stagehands, and other personnel not provided by the Center. 6. SERVICES PROVIDED: All cleaning of public spaces, equipment use and services requested or required beyond normal operation and maintenance of the Licensed Space and not specifically provided for in this Agreement shall be at the expense of the Licensee. This shall include but not be limited to special seating LICENSE AGREEMENT - Page 2 Licensee Representative Initial 0 4 / 1 1 / 9 5 THE 1 5 : 0 0 FAX 7 0 2 895 1099 THOMAS & MACK CENTER ® 003 changeovers, crcction of stages and platforms, decorations, sound and lighting installations and any other special services requested or required by the Licensee. 7. SETTLEMENT: Percentage rental fee settlement shall be made on the final night of the event, unless other arrangements have been agreed to by the parties. Reimbursable costs shall also be paid on a preliminary basis at die time of the rental settlement. These shall be on a best estimate basis, with the University retaining a reasonable contingency. Any unused portion of the contingency shall be immediately paid to Licensee along with the final settlement statement, as soon thereafter as possible. The Center shall have the first and paramount lien on all ticket receipts of any sums due it under this agreement The Center shall have the sole right to retain a sufficient portion of the ticket receipts to cover any and all sums due the Center under this agreement 8. PARKING: The Center shall retain exclusive rights to the control of all parking operations and revenues. Parking rates shall be the same for all events held in the licensed facilities. The Center will provide the Licensee with a reasonable number of parking permits, as determined by the Center, to be used by participants, officials, press, and other invitees of the Licensee. These permits will entitle the holder to free parking in a permit area designated by the Center. Permit holders shall be subject to parking rules established by the Center. 9. CONCESSIONS: The Center shall retain exclusive rights to all food and beverage, catering, checking, and any and all other concessions. Sale of food and beverages shall not be permitted except through the Center or its concessionaire. Food and beverage prices shall be the same for all events presented in the Licensed Space, subject to prices established from time to time by the Center. The Center reserves the sole right to designate areas within the Licensed Space at which food, beverages and any other merchandise can be sold. The Licensee shall have the right to sell programs and novelties through the Center's designated agents subject to rates and regulations established by the Center and advance agreement between both parties. 10. INDEMNIFICATION: Licensee agrees to defend, indemnify and hold The Board of Regents, the University and Community College System of Nevada, the University, and their respective officers, agents, and employees harmless from all claims, suits, actions or liabilities resulting from injuries (including death) to all persons, including, without limiting the generality of the foregoing, participants, guests, patrons, invitees, contractors, suppliers of materials, furnishers of services and officers, agents and employees of the Center and the Licensee, as well as damage to the property of the Center, Licensee, and any and all others, in or about the Licensed Space, howsoever caused, during the period for which this License Agreement has been granted. This provision specifically covers injuries caused by pre-existing conditions in the parking lot including but not limited to unevenness, protruding surfaces, curbs, gutters, trees, sprinkler valves, and patched surfaces. Licensee shall be solely responsible for determining that the premises is suitable for the event and its intended use. By acceptance of this License Agreement, Licensee has inspected the Licensed space and has found it suitable for the intended use. 11. DAMAGE: Licensee shall be liable to the Center for any damage, harm, or injury to the Licensed Space or to any other real or personal property of the Center caused by the act or omission of Licensee in connection with LICENSE AGREEMENT - Page 3 Licensee Representative Initial 0 4 / 1 1 / 9 5 THE 1 5 : 0 0 FAX 7 0 2 895 1099 THOMAS & MACK CENTER ® 003 the use and occupancy of the Licensed Space or any other facility at the University, excluding normal wear and tear. Licensee shall not injure, mar, or deface any part of the Licensed Space or any equipment contained therein and shall not cause or permit anything to be done whereby said space and equipment shall be in any manner injured, marred, or defaced. Licensee will not and shall not peimit others to drive nails, tacks, hooks and screws into any part of the Licensed Space and will not allow any alterations of any kind to said space and equipment. Licensee shall deliver up to the Center the Licensed Space in as good condition and repair as the same shall be found at the beginning of the use period. A pre-event walk-through will be mandatory for Licensee to verify pre-event condition of the facility. 12. ADVERTISING: The Center shall retain exclusive rights to all display advertising within the Licensed Space and on adjacent University property. Licensee shall not sell any advertising to appear within the Licensed Space nor represent to any potential advertiser or sponsor that Licensee has any rights to advertise on scoreboards, message boards, concourses or any other part of the Licensed Space. Subject to advance approval of the Center, temporary signs, banners, and posters, might be installed in the Licensed Space provided they meet requirements of the Center and are not in conflict with any existing advertising commitments of the Center or University. Licensee shall not post or allow to be posted any signs, banners, posters or other materials except in such locations and other conditions first approval by the Center Director. Use of any such approved locations shall be on a non-exclusive basis, subject to Center discretion. No flyers, advertising material, or free samples shall be distributed without die advance approval of and under conditions established by the Center. 13. BROADCAST AND RECORDING RIGHTS: The Licensee shall not transmit a description of the event in the Licensed Space by any means of radio or television broadcasting, without having first received the permission of the Center. There shall be no live telecast of the event on any form of television within one hundred miles of the Center, unless the Licensee agrees to pay the Center, in addition to and not in lieu of any rentals, a separately negotiated fee intended to provide income protection to the Center for potential loss of rental, concessions, parking, and other income. The Licensee shall reimburse the Center for all labor, utilities, and services required in accommodating approved radio and television broadcasts. 14. RECORDING: There shall be no visual or audio recording of any kind of event, without the advance approval of the Center Director. The Center reserves the right to require payment for such privilege, in addition to all rental and other sums due it under the provisions of this Agreement. 15. REMOVAL OF PROPERTY: In the event the several portions of the Licensed Space are not vacated by the Licensee by the date and time above named as the end of the use period for which this Agreement has been granted, The Center shall and is hereby authorized to remove from said Licensed Space, at the expense of the Licensee, all goods, wares, merchandise and other property remaining in the Licensed Space. Licensee shall be responsible for payment for any storage costs for such material. The Center shall in no way be responsible for loss, damage or claims against material removed or stored under this provision. The Center shall have first and paramount lien on such material for payment of costs accrued for removal and storage, as well as any other monies due the Center under this Agreement. Licensee Representative Initial LICENSE AGREEMENT - Page 4 0 4 / 1 1 / 9 5 THE 1 5 : 0 0 FAX 7 0 2 895 1099 THOMAS & MACK CENTER ® 003 16. LOST ARTICLES: The Center shall have the sole right to collect and have custody of articles left in the Center by persons attending any event in the Center. 17. THEFT: The Center shall not be responsible for losses by Licensee, its agents or employees or ticket holders due to theft or disappearance of equipment or other personal property. 18. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Licensee shall use the Licensed Space in a safe and careful manner and fully comply with and observe in all respects all laws, ordinances, rules and regulations of all Federal, State and local government agencies having jurisdiction, as well as those of the Center and the University, and the N.C.A.A. The Licensed Space shall be used solely for the purpose stated. Misrepresentation of any type on the part of the Licensee shall render this Agreement null and void. Licensee shall not permit said Licensed Space or any part thereof, to be used for any unlawful or immoral purpose or in any manner which will jeopardize public safety or cause damage to the Licensed Space. 19. TAXES: Licensee shall comply with all Federal, State and local laws and regulations relating to the payment of taxes relating to admission receipts, and make such returns and pay all taxes immediately when due. The Licensee shall indemnify the Center against all liability, claims, loss or payment of any kind by reason of Licensee's failure or omission to comply with any such law or regulation and/or to pay all of any such taxes or charges. 20. LICENSES AND PERMITS: Licensee shall at its own expense obtain all licenses and permits required for the presentation of the event in the Licensed Space. 21. OCCUPANCY INTERRUPTION: In the event the Licensed Space or any part thereof shall be destroyed or damaged by fire, the elements, mob, riot, or for any reason whatsoever is rendered unfit for occupancy either prior to the beginning or prior to the expiration of the use period, or if the Center is unable to give licensee possession because of national or local emergency, calamity, epidemic or strike this Agreement shall be suspended for the period during which the Licensed Space shall be delivered to the Licensee. In such case, the Center shall terminate this Agreement and return to the Licensee any advance or unaccrued payments without any further liability or obligation upon or by the Center or University. In the event the use period has already begun, rental for the period of use until the time of termination shall be due the Center. 22. DEFAULT: If, prior to the beginning of the use period, Licensee fails to perform any terms, covenants or conditions of this Agreement, the Center Director may cancel the event and declare this Agreement null and void. In such case, the Center shall retain all monies paid on account hereof, either on account of this Agreement or as assessed and liquidated damages and not as a penalty. In addition. Licensee shall pay the Center for all expenses incurred, and Ticket Office and other services provided before and after the event cancellation. 23. EVACUATION OF FACILITY: Should it become necessary in the judgement of the Center to evacuate the Center because of a bomb threat or for other reasons of public safety, the Lic