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- RETURN THIS COPY TO THE CLERK'S <br />OFFICE FOR THE PERMANENT AGENDA FILE <br />THIS LICENSING AGREEMENT ("Agreement") is made this 1" day of November, 1998 <br />between THE DURHAM HERAI-D COMPANY d/b/a The Herald-Sun and The Chapel Hill Herald ("the <br />Publisher") and Orange County on behalf of the Department On Aging ("the Partner") for the publication <br />and distribution of Senior Times ("the Publication"). <br />EXCLUSMTY - <br />In exchange for the Publisher's distribution of Senior Times and for other good and valuable <br />consideration, the Partner grants to the Publisher the exclusive right and privilege and distributing Senior <br />Times on the terms and conditions contained herein. <br />2. GRANT OF LICENSE - <br />- 2.1 As used in this Agreement, the following terms shall have the meanings indicated: <br />(a) "Licensed Materials" means the editorial content provided by the Partner, <br />including all languages, editions, issues, versions and updates published or otherwise made commercially <br />available during the term of this Agreement. <br />(b) "Permitted Uses" means products and services consisting of, or utilizing, <br />electronic access, distribution, reproduction or use of information. Without limiting the generality of the <br />foregoing. "Permitted Uses" includes products and services utilizing the following access, delivery or use <br />technologies: online; local area network; wide area network; distributed media; electronic mail and <br />messaging; facsimile transmission; audiotext; videotext; cable broadcast; satellite broadcast; radio and <br />television broadcast; and information products and services based upon electronic access, distribution, <br />reproduction or use technologies now known or hereafter developed. <br />2.2 The Partner hereby grants to the Publisher an exclusive license to use and authorize use <br />of the Licensed Materials and any portion thereof in Permitted Uses, including rights to reproduce, display <br />and distribute Licensed Materials in connection with producing, distributing and marketing Permitted Uses <br />and rights to authorize third parties to reproduce, distributed and display Licensed Materials from or <br />through Permitted Uses. <br />2.3 The rights granted to the Publisher encompass distribution by agents of the Publisher and <br />other distributors. <br />2.4 The Partner represents and warrants that it is authorized to grant this license to the <br />Publisher and covenants that the Publisher's exercise of this license will infringe no copyright or other right <br />of any person or entity. <br />SPECIFICATIONS - <br />In exchange for the right to sell advertising space in Senior Times and other good and valuable <br />consideration, the Publisher agrees to print Senior Times to the following specifications: <br />3.1 Publication Dates. Senior Times will be published bimonthly. <br />3.2 Distribution. Distribution of Senior Times will be as follows: <br />a. 14,800 Chapel Hill Herald, paid subscribers only <br />b. 5,200 overruns direct-mailed by The Herald-Sun <br />c. 3,000 to be picked up on dock <br />d. 2,000 racked in Orange County <br />