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<br />. <br /> <br />. <br /> <br />. <br /> <br />D. <br /> <br />The parties desire to terminate the Contract arnicably, on mutually acceptable terms, at <br /> <br />the conclusion of the 2005 season, and for HCJV to operate it until that time. This <br /> <br />instrument embodies the terms by which they do so. <br />AGREEMENT <br /> <br />1. The Contract between the parties shall remain in effect, including, but not limited to, all <br /> <br />reporting requirements. All terms of the Contract shall remain effective, except as <br /> <br />modified expressly or by necessary implication by this instrument. <br /> <br /> <br />2. Owner will pay HCJV $300,000 for all equipment at Harbor Center purchased by HCJV <br /> <br /> <br />for operation of the facility, including all food service equipment, sound equipment, <br /> <br /> <br />office equipment, and structures. HCJV will provide to Owner at closing a bill of sale or <br /> <br />other instruments of conveyance reasonably acceptable and customary for such <br /> <br />transactions. This payment by Owner to HCJV will also serve to release claims of Owner <br /> <br />against HCJV for rent and facilities fee plus any applicable interest and penalty thereon <br /> <br />owed under the Contract but not paid. The closing shall be on or before April 15, 2005. <br /> <br />Payment will be by certified check or wire transfer. <br /> <br /> <br />3. Owner will pay HCJV up to $350,000 for guaranteed artist fees paid by HCJV in 2003 <br /> <br /> <br />and 2004 for concerts that were cancelled because of Hurricane Isabel, subject to HCJV <br /> <br /> <br />providing copies of all available cancelled checks, wire transfers, or similar documents <br /> <br />showing payment of artist fees to W. H. "Bill" Luther ("Luther"), a consultant employed <br /> <br />by the City whose integrity is accepted and respected by HCJV. The payment by the City <br /> <br />shall be made on or before July I, 2005. Payment will be by certified check or wire <br /> <br />transfer. <br /> <br />Draft 1.3B <br /> <br />-2- <br />