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<br />C. FORCE MAJEURE: <br />In the event the Fargo Civic or any portion thereof shall be destroyed or damaged by <br />fire or other calamity so prevent the use of the premises for the purposes and during <br />the periods specified herein, or if the premises cannot be so used because of strikes, <br />Acts of God, national emergency or other causes beyond the control of the Lessor, <br />then this lease shall terminate and the Lessee hereby waives any claim against the <br />Lessor for damages by reason of such termination except that any unearned portion <br />of the rental fee or deposit due hereunder shall abate or be refunded by the Lessor to <br />the Lessee, <br /> <br />5. TICKET SALES <br /> <br />A. CONTROL: <br />All tickets sold for an Event shall be supplied by the Lessor or the tickets approved <br />in writing by the Lessor. If the Lessee uses a computer ticketing service, Lessee <br />shall be required to use the computer ticketing service designated by the Lessor and <br />to abide by terms agreed upon between the Lessor and the computer ticket company. <br /> <br />B. CHARGES: <br />The Lessee shall pay the Lessor 5% (five percent) of the gross after sales tax ticket <br />sales in addition to the rental fee. <br /> <br />C. MANIFEST: <br />A ticket printer's manifest must be submitted in duplicate to the Lessor. No tickets <br />will be placed on sale until they have been counted and verified by the Lessor, <br /> <br />D. TICKET PRICES: <br />Lessee agrees to sell all tickets at the prices as advertised, Any variation must be <br />approved in writing by both the Lessee and the Lessor, <br /> <br />E. SEATING CAPACITY: <br />Lessee shall not sell or distribute in any fashion, tickets or passes in excess of the <br />seating capacity for the Event. Lessor shall have the sole right to establish <br />capacities in the Fargo Civic. <br /> <br />F. OBSTRUCTED VIEW SEATS: <br />Lessee agrees that any seats with limited or impaired vision will be marked as " <br />OBSTRUCTED VIEW." <br /> <br />G. TICKET REFUNDS: <br />Lessor shall retain the right to make the determination of ticket refunds for cause <br />of maintaining the public faith. This shall include, but is not necessarily limited <br />to, seats blocked by equipment when exchange for comparable locations are not <br /> <br />6 <br /> <br />05/03/96 <br />