2009-114 E-Vistor Bureau-Muzak Service Agreement

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s � i MUSIC SERVICE AGREEMENT I i Date of Agreement j InstallationRecontract Date ( "Effective Date"} Subscriber Name �'` jAraAie 4fo Note : Agreement term commences upon instal lotion/recontract date Subscriber Address p(�"Serviced Premis s"� Billing Address Address O t VV • Address CitymC& ' f City _ State Zip 01 , Telephone f Telephone Facsimile P Facsimile I . SERVICES During the term of this Agreement, Muzak LLC ("Muzak") agrees to provide to the Subscriber, at the Serviced Premises, the following services (the "Services") : m o C6 m u z a k 2 . EQUIPMENT The following equipment shall be installed at the Serviced Premises for the receipt of the Services : i a . Purchased Equipment (see attached Purchase Agreement) : b . Muzak- Owned Equipment: t 3 . FEES In consideration of the Services and equipment to be provided as set forth above, Subscriber shall pay Muzak as follows : a , An equipment installation charge of O $ Satellite O $ On - Premises $ Other 1% b . A one -time equipment installation charge of $ `L o4 1?5t2) /0 c. A recurring monthly service charge of $ Fees payable in advance of each: O month O quarter O half year O year ,// d . A one -time opening Media library charge of $ for pieces of Media ( day rotation plan) . e. A down payment of $ f. Maintenance monthly service charge of $ 4 , TERM i 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- quent sixty (60) month terms. Either party hereto may cancel the automatic renewal provisions of this Section by providing written notice to the other party by certified mail at least ninety (90) days prior to the expiration of the initial or any subsequent term. S . USE OF SERVICES 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 Serviced Premises. Subscriber shall not dub, record, re-record , transcribe, or re ,, transcribe the Services in any manner or by any means or method. Subscriber understands that recordings included in the Services may be copyrighted works, Subscriber shall not use the Services (1) to displace a live orchestra, (11) as an accompaniment to dancing , skating, aerobics or other similar forms of activity physical v ty o r entertainment, or (Ili) in those � areas for which an admission fee is charged in any premises . 6 . PROVISION OF EQUIPMENT Subscriber hereby grants to Muzak (subject to any necessary government or third party approvals) the right to install all necessary equipment for receiving the Services . Subscriber shall be solely responsible for obtaining any governmental or third party approvals for the installation of such ; + equipment, and for all costs associated therewith . Subscriber shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber any Muzak-owned equipment. Subscriber shall adequately insure Muzak-owned equipment against damage or loss and present evi- dence of such insurance to Muzak upon request, and shall , upon expiration or earlier termination of this Agreement, promptly return to Muzak all such equipment in good condition (or pay the full replacement value thereof) . Upon removal of the equipment, Muzak shall not be required to repair, replace or otherwise re-establish the Serviced Premises to their original condition . 7 . MAINTENANCE AND CARE OF EQUIPMENT satellite dish , DBS receiver, SCA receiver, tape deck, CD player or other receiving Muzak shall maintain the receiving network equipment (e . g . : equipment) for the term of the contract at no additional charge unless Section 3 (0 above specifies a "monthly maintenance service charge . " 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 - tional charge to Subscriber. All maintenance shall be exclusively limited to that resulting from ordinary and proper use of the equipment. Maintenance of equipment not specifically required to be performed by Muzak shall be the responsibility of Subscriber. Thereafter, or in the event of maintenance during the first year that does not result from ordinary and proper use, Subscriber shall pay Muzak's usual and customary repair charges . Muzak's obligations under this Section are in lieu of all other warranties, express or implied relating to the equipment, including warranties, of merchantability and fitness for a particular purpose . Except for Muzak's maintenance obligations as set fo hereinr Subsc berr shall indemnify Muzak and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment provided hereunder to Subscriber, including without limitation losses caused by accidental fire, theft, or misuse of the equipment. Subscriber shall provide adequate elec- trical outlets and power for the equipment. Pleoss retoin duplicote copies for your records. MWO1 11 . 17