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<br /> MUSIC SERVICE AGREEMENT
<br /> Rate of Agreement InstallationRecontract Date (" Effective Date"}
<br /> Subscriber Name ` r f Note: Agreement term commences upon installation/recontract date
<br /> Subscriber Address ("Serviced Preis Sj �r Billing Address
<br /> Address W �- " Address I
<br /> City , te zip5 7 City . State Zia
<br /> Telephone Telephone
<br /> Facsimile Facsimile
<br /> 1 . SERVICES
<br /> During the term of this Agreement, Muzak LLC ("Muzak") agrees to provide to the Subscriber, at the Serviced Premises, the following services
<br /> (the "Services") :
<br /> Af At
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<br /> M u z a k 2 . EQUIPMENT
<br /> The following equipment sholl be installed at the Serviced Premises for the receipt of the Services :
<br /> a . Purchased Equipment (see attached Purchase Agreement) :
<br /> b . Muzak- Owned Equipment:
<br /> 3 . FEES
<br /> In consideration of the Services and equipment to be provided as set forth above , Subscriber shall pay Muzak as follows:
<br /> a . An equipment installation charge of
<br /> O $ Satellite O $ On - Premises
<br /> $_ Other
<br /> MINE
<br /> b , A one-time equipment installation charge of $ � `t c � �. j5t'b M
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<br /> c. A recurring monthly service charge of $ Fees payable in advance of each: O month O quarter O half year O year
<br /> d . A one -time opening Media library charge of $ for pieces of Media ( day rotation plan) .
<br /> e. A down payment of $
<br /> £ Maintenance monthly service charge of $
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<br /> 4 , TERM
<br /> This Agreement shall remain in effect for an initial term of sixty (60) months from the Effective Date and shall be automatically renewed for subse-
<br /> quent sixty (60) month terms. Either party hereto may cancel the automatic renewal provisions of this Section by providing written notice to the
<br /> other party by certified mail at least ninety (90) days prior to the expiration of the initial or any subsequent term,
<br /> 5 , USE OF SERVICES
<br /> Subscriber shall not transmit the Services or permit the transmission of the Services by others or amplify the Services so as to be audible outside the
<br /> Serviced Premises. Subscriber shall not dub, record, re-record , transcribe, or re4ronscribe the Services in any manner or by any means or method .
<br /> Subscriber understands that recordings included in the Services may be copyrighted works , Subscriber shall not use the Services (1) to displace a
<br /> live orchestra, (11) as an accompaniment to dancing , skating, aerobics or other similar forms of physical activity or entertainment, or (iii) in those
<br /> areas for which an admission fee is charged in any premises , i
<br /> 6 . PROVISION OF EQUIPMENT
<br /> Subscriber hereby grants to Muzak (subject to any necessary government or third party approvals) the right to install all necessary equipment for
<br /> receiving the Services . Subscriber shall be solely responsible for obtaining any governmental or third party approvals for the installation of such is
<br /> equipment, and for all costs associated therewith . Subscriber shall not, directly or indirectly, sell, mortgage , pledge, or otherwise dispose of or
<br /> encumber any Muzak-owned equipment. Subscriber shall adequately insure Muzak-owned equipment against damage or loss and present evi-
<br /> dence of such insurance to Muzak upon request, and shall , upon expiration or earlier termination of this Agreement, promptly return to Muzak all
<br /> such equipment in good condition (or pay the full replacement value thereof) . Upon removal of the equipment, Muzak shall not be required to
<br /> repair, replace or otherwise re-establish the Serviced Premises to their original condition .
<br /> 7 . MAINTENANCE AND CARE OF EQUIPMENT ! '
<br /> Muzak shall maintain the receiving network equipment (e, g . : satellite dish , DBS receiver, SCA receiver, tape deck, CD player or other receiving
<br /> equipment) for the term of the contract at no additional charge unless Section 3 (f) above specifies a "monthly maintenance service charge , "
<br /> Microphones will be maintained for a period of 90 days and all other equipment, for a period of one year from the date of installation at no addi -
<br /> tional charge to Subscriber. All maintenance shall be exclusively limited to that resulting from ordinary and proper use of the equipment.
<br /> Maintenance of equipment not specifically required to be performed by Muzak shall be the responsibility of Subscriber, Thereafter, or in the event
<br /> of maintenance during the first year that does not result from ordinary and proper use, Subscriber shall pay Muzok's usual and customary repair
<br /> charges . Muzak's obligations under this Section are in lieu of all other warranties, express or implied relating to the equipment, including implied
<br /> warranties, of merchantability and fitness for a particular purpose , Except for Muzak's maintenance obligations as set forth herein,/ Subscriber shall
<br /> indemnify Muzak and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment provided hereunder to
<br /> Subscriber, including without limitation losses caused by accidental fire, theft, or misuse of the equipment. Subscriber shall provide adequate elec-
<br /> trical outlets and power for the equipment,
<br /> Please retain duplicate copies for your records,
<br /> MW01 11 . 17
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