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<br />14. <br /> <br />If a show is canceled or postponed due to a problern with the roof, flap, leakage or unsafe <br /> <br />circumstances of the facility, Owner will reimburse HCJV for the artist guarantee fees <br /> <br />actually paid or for which Owner is liable, as well as direct out-of-pocket expenses, <br /> <br />subject to review and approval by Luther. <br /> <br />15. Owner may have a complete audit performed at its expense. <br /> <br />. <br /> <br />. <br /> <br />16. The Contract will terminate on October 31, 2005. Owner may request a proposal for the <br /> <br />management of the facility after July 1, 2005, to be effective after October 31, 2005. <br /> <br />HCJV and its principals shall not be debarred from submitting proposals, nor shall they <br /> <br />be given any preference. This section replaces and supercedes Contract 9II ("Term"). <br /> <br />17. All taxes from sales at Harbor Center (including but not limited to admissions, meals, <br /> <br />sales tax) shall be due and payable by HCJV to Owner as required by law. <br /> <br />HCJV will use its best efforts to schedule shows for the 2005 season oflike quality as <br /> <br />18. <br /> <br />those booked in previous years. <br /> <br />19. HCJV will allow other promoters to book acts during the 2005 season with reasonable <br /> <br />notice and arrangements for paying rent to HCJV. HCJV will make the facility available <br /> <br />for the Churchland High School graduation (and preparation the day before) June 15 and <br /> <br />16,2005. This section modifies Contract 95.7.8. <br />20. The following sections of the Contract are hereby cancelled and rescinded: 95.6 <br /> <br /> <br />("Financial Performance Requirements"), 97.2 (""Letter of Credit"); 97.3 <br /> <br /> <br />("Assignability"); 97.10 ("Events of Breach"); and 97.12 ("Termination and Right to <br /> <br /> <br />Cure"). Provided, however, the parties will retain their common law rights and remedies <br /> <br /> <br />concerning breach. <br /> <br />. <br /> <br />Draft 1.3B <br /> <br />-5- <br />