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R-01-10-11-12E3 - 10/11/2001and • 1o1)EA\ WORLDOX\ 0T \WDOX \RESOLOTI \R11011E3.WPD /kw • l RESOLUTION NO. R- 01- 10- 11 -12E3 WHEREAS, pursuant to United States Copyright Law, creators and owners of copyrighted musical works have the exclusive right to perform or authorize the performance of their works publicly; and WHEREAS, pursuant to United Sates Copyright Law, persons or entities cannot publicly perform copyrighted works without the permission of the copyright owner; and WHEREAS, in a municipality such as the City of Round Rock, copyrighted music may be performed in a multiple variety of contexts; WHEREAS, the City of Round Rock wishes to act within the bounds of federal copyright law and avoid any liability from violating of such law; and WHEREAS, the American Society of Composers, Authors and Publishers (ASCAP) has presented the City of Round Rock with a licensing agreement that would cover the majority of public performances of copyrighted music for a fee of $500, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to execute the license agreement proposed by ASCAP, attached hereto as Exhibit "A" and incorporated herein, and to pay the $500 fee to ASCAP for such license. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. ATTEST: RESOLVED this llth day of October, 2001. LAND, City Secretary 2 City of Round Rock, Texas 1. Grant and Term of License LICENSE AGREEMENT — LOCAL GOVERNMENTAL ENTITIES Suite 490, Atlanta, GA 30339 339 and America City of pp oR Auth T ors d Publishers ( "ASCAP ") located at 2690 Cut�tber nd Parkway, Round Rock, Texas 78664 r'LICENSEE "), located at 221 East Man ree (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non - dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music ". For purposes of this Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including "jukeboxes"), (13) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music-on -hold telephone system operated by LICENSEE at the Premises. OR "Live Entertainment " means music that is performed at the Premises by musicians, singers or other performers. (iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks' owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or 'members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non- dramatic public performances. (vi) . "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below). (b) This Agreement shall be for an initial term of one year, commencing January 1, 200 which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last clay of the temm in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music - on - hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit L[CENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by meads of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non - dramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a " dramatico- musical work" (as hereinafter defined) in its entirety; Yii) performance of one or more musical compositions from a "dramatico- musical work (as hereinafter defined) accompanied by dialogue, pantomimc, dance, stae action, or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of' a story or plot, whether accompanied or unaccompanied by_dialogue, pantomime, dance, stage action, or visual representation; (iv) perfotnsaece cif a conceit version of a " dramatico- musical work" (as hereinafter defined). The term " dramatico- musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days noticc to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a pro basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. 7. Non - Discrimination ■ LICENSEE recognizes that ASCAP must license all similarly situated users on a non - discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal'employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same -day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change ofperson/office responsible, etc. within 30 days of such change. IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE, this 11th day of bEt8lier ,20 01. AMERICAN SOCIETY OF COMPOSERS, LICENSEE AUTHORS AND PUBLISHERS By: B Title: Title: Mayer, City of Rnnna Rock All required notices and reports are to be sent to: Account Services Department Name: Robert A. Stluka. .Tr. ASCAP Title: Mayor, City of Round Rock, Texas 2690 Cumberland Parkway, Suite 490 Address: 221 East Main Street Atlanta, GA 30339 Round Rock, TX 78664 800 505 - 4052 (phone) 770 805 - 3475 (fax) Email: Phone: (512) 218 - 5401 Fax. (512) 218 -7097 Email: _raynr2m„na -nark rY „c EVENT DATE (MM/DD/YYI If More than) Event Per Day. Plow Report as Separate Entries PERFORMER(S) OR CROUP(S) APPEARING CROSS REVENUE OF EVENT (MUST EXCEED $25,000) % APPLIED TO CROSS REVENUE. EVENT FEE IS A PROGRAM OF MUSICAL WORKS ATTACHED Yes or No IF THE EVENT IS CO-SPONSORED Please identify the Co-sponsor woe. address. phone number and ASCAP account number X .001 $ Nam. Address Phan No • Account No.: X .001 $ • Name Address: Phase No • Aceoont No: X .001 $ Nuns Address Phone No • Account No X .001 $ Name Address Plane No • Account No• I X .001 $ . Name Address Phone No • Account No • — ASCAP 2001 - 2002 ASCAP Account No.: Report Form For LOCAL GOVERNMENTS Licensee:: City of Round Rock, Texas Report Completed Ely:: Sharon Prete Talc Parks &..Recreation Dir. Date Completed:: E-Mail Addresi: sharon @round -rock. tx. us Telephone No 512 218 - 5547 Fax No. 512 218 - 5548 Web Site Address: CERTIFICATE: I hereby certify that the data reported below is true and correct as of this .4_ day of Or tober . 2 001 SCHEDULE A - BASE LICENSE FEE (Due upon execution of agreement and within 30 days of the agreement's renewal date) REPORT YEAR: 2001 -2002 POPULATION' 68,355 BASE LICENSE FEE: S 500 (Per current U.S. Census Data) (Please refer to Rate Schedule) HEDULE 13 - SPECIAL EVENTS. Re art andpavmem due 90 days a(rer the conclusion reach :De cal event •"Special Events" means musical events. cone rts, shows. pageants. sporting ev nts, festivals. competitions. and n her events of limited duration presented by LICENSEE for which the "Gross Revenue" ofsuch Special Event exceeds 025.000 • • "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event If there arc no monies from the sale of tickets. "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENEE for each Special Event. SCHEDULE C - STATE MUNICIPAL AND /OR COUNTY LEAGUES OR STATE ASSOCIATIONS OF ATTORNEYS REPORT YEAR: ANNUAL LICENSE FEE: $250.00 (Due wit /Nn 30 days of renewal date) Total Fees Reported From Any or All of Schedules A, B or C: $ 500 ASCA P, 2690 Cu nt berland Parkway, Suite 490, Atlanta, GA 30339.3913 800.505.4052 770.805 3475 DATE: October 5, 2001 SUBJECT: City Council Meeting — October 11, 2001 ITEM: 12.E.3. Consider a resolution authorizing the Mayor to execute a license agreement with the American Society of Composers, Authors and Publishers for the use of copyrighted music for public performances. This agreement will enable the City to perform or play music at various events without violating federal copyright laws. Resource: Steve Sheets, City Attorney Karen Whitt, Assistant City Attorney History: Pursuant to the Copyright Law of the United States, creators and owners of copyrighted musical works have the exclusive right to perform or authorize the performance of their works publicly. Therefore, other parties like municipalities cannot publicly perform copyrighted works without the permission of the copyright owner. This means that in order to play or perform music in public, including music performed or played at festival, concerts, sporting events, community centers, swimming pools, dances, aerobics classes, etc., a municipality must have license or is in violation of the federal copyright law. Funding: Cost: $500.00 Outside Resources: Sheets & Crossfield, P.C. Impact: The City will not be subject to damages for violating copyright law. Benefit: The City will be operating pursuant to the law. Public Comment: N/A Sponsor: N/A RTN:= 111300880 Account # : = 6300037739 Amount :_ $500.00 Check# := 28337 Paid Date: = 10/30/2001 tiq 1tlt Acc V r to iNKI IMRO RAY !.�thfi!MA�Pi EMI AYt XknF.CfYgliMlAGtlr15%1#H von NV UPON MN[ti nce Ai AN ' n Order lH CI IN OF AOLIN» l OC 24 )1 MAIN "t•ITtEEr , R O C I N t ) H O C K , TX 71I(61..,- ;.y.,. ,tisc•,�P . 21678 Sewall Pike alkaga, IL 0/1473 -1116 1 u1 •••.prvi; IItsrtxrt) pig i,sCB„ 1 028337 * * * * * * * * * * * **** -COMM. JOURNAL- *** * * * * * ***** * * * * ** DATE FEE -19 -2002 * *3** TIME 14.53 *** P.01 MODE = MEMORY TRANSMISSION FILE NO.= 072 STN N0. COM RBBR N0. STATION NAME /TEL.NO. PAGES DURATION 001 OK s 917705053475 002/002 0001'42" -CITY OF ROUND ROCK ******3************** * * * * * * *** * * ** - 5122187097 DATE: 2 /791 4 TOTAL PAGES (INCLUDING COVER SHEET): ATTENTION: ` 1/ it a DEPARTMENT: COMPANY: FAX 7: /- 777 - ffj5 r3 '7 1`_ FROM: cldt h . tt ate/ DEPARTMENT✓ (/ DEPT. PHONE 7: RZZ SyG/ COMPANY: CITY OF ROUND ROCK COMMENTS: CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 (512) 218 -5400 FAX COVER SHEET START= FEB -19 14:50 END = FEB -19 14:53 - *** ** - 5122187097- *4**** * ** LICENSE AGREEMENT — OCAL GOVERNMENTAL ENTITIES Sui 490, Atlanta, 3 339 American City of o Society R ck, Texa d Publishers ( "ASCAP ") located at 2690 Cut�tbetlar t p way Round Rock , Texas Moo. r'LICENSEE "), located at 221 East Ma n stree 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non - dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music ". For purposes of this Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premises by means other than by live musicians who are perforating at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music -on -hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entettainment " means music that is performed at the Premises by musicians, singers or other perfomters. (iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks' owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or 'members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non - dramatic public performances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds S25,000 (as defined in paragraph 4.(d) below). (b) This Agreement shall be for an initial term of one year, commencing ,Tanuary 1, 200 which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by w Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music -on -hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by mewls of teleconferencing, vidcoconferencing or similar technology. (c). This license is limited to non - dramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a " dramatico- musical work" (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a "dramatico - musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; - (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by, dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a conceit version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico- musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty -day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations • ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. 7. Non - Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal'employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same -day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change of person/office responsible, etc. within 30 days of such change. • IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE, this 11th day of t)Et8be'r , 20 01. AMERICAN SOCIETY OF COMPOSERS, LICENSE AUTHORS AND PUBLISHERS By: Title: All required notices and reports are to be sent to: Account Services Department ASCAP 2690 Cumberland Parkway, Suite 490 Atlanta, GA 30339 800 - 505 -4052 (phone) 770- 805 -3475 (fax) Email: Title: Mayor City of Rnnnd Rock Name: Robert A. Stluka. .Tr. Title: Mayor, City of Round Rock, Texas Address: 221 East Main Street Round Rock, TX 78664 Phone: (512) 218 -5401 Fax: (.12) 218 -7097 Email: mayor@rnnnd -rnrk tv mg_ EVENT DATE (MWDD/TYI If More than Event Per Day, Please Report as Separate Entries PERFORMER(S) OR GROUP(S) APPEARING GROSS REVENUE.. OF EVENT (MUST EXCEED 525,000) % APPLIED TO GROSS REVENUE. EVENT FEE IS A PROGRAM OF MUSICAL WORKS ATTACHED Ves or No IF THE EVENT IS COSPONSORED Please identify the Co-sponsor name, - address, phone number and ASCAP account number . X .001 $ Name Address: Phase No • Amount No: X .001 $ Name Address. Phone No • Account No • X .001 $ Name Address: Phone No • Account No.: X .001 $ Nome Addresa- Phone No: Account No • 1 X .001 $ Name Address. Phone No • Account No • ASCAP 2001 - 2002 ASCAP Account No.• Report Form For LOCAL GOVERNMENTS Licensee:: City of Round Rock, Texas Report Completed By:: Sharon Prete Title: Parks &cRehreation Dir. Date Completed:: E -Mad Address: sharon @round —rock. tx. us Telephone No. 512 218 - 5547 Fax No 512 218 - 5548 Wcb Site Address: CERTIFICATE: I hereby certify that the data reported below is true and correct as of this day of October 2 001. SCHEDULE A - BASE LICENSE FEE (Due upon execution of agreement and within 30 days of the agreement's renewal date) REPORT YEAR: 2001 - 2002 POPULATION: 68.355 BASE LICENSE FEE: s 500 (Per current U.S. Census Data) (Please refute; Rate Schedule) HEDULE B - SPECIAL EVENTS. ( Repurt and poymeat due 90duysa (rerthernndnrian jeachapecial •"Special Events" means musical events. cone Ns. shows. pageants. sporting ev nts. festivals. competitions. and n her events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds 525.000. •• "Crass Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contnbunons from sponsors or other payments received by LICENCE for each Special Event. SCHEDULE C - STATE MUNICIPAL AND /OR COUNTY LEAGUES OR STATE ASSOCIATIONS OF ATTORNEYS REPORT YEAR: ANNUAL LICENSE FEE: $250.00 (Due within 30 days of renewal date) Total Fees Reported From Any or All of Schedules A, B or C: $ 500 ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339 -3913 800.505.4052 770.805.3475 CITY OF ROUND ROCK i' i .:aNt Mayor Robert A. Stluka. .k Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Put Earl Palmer Isabel Gallahan Gary Coe City Manager Robert L Bennett, h. City Attorney Stephan L. Sheets January 9, 2002 ASCAP Atten: Michelle Wright 2690 Cumberland Parkway, Suite 490 Atlanta, GA 30339 Dear Ms. Wright: Christine Martinez City Secretary Enclosure(s) Fax: 512- 218 -7097 1- 800-735 -2989 TDD 1- 800-735 -2988 Voice www.ci.round -rock tx.us 221 East Main Street Round Rock, Texas 78664 512-218-5400 The Round Rock City Council approved Resolution No. R- 01- 10 -11- 12E3 at their regularly scheduled meeting on October 11, 2001. This resolution approves the license agreement with ASCAP concerning copyrighted music. In an audit of the files we did not find a fully executed agreement. Enclosed is a copy of the resolution and license agreement. Please return a copy of the executed agreement to me for our files. Also, if you have not received the $500.00 licensee fee please let us know. If you have any questions please do not hesitate to contact me at 218 -5401. 10/16/2001 TUE 11:22 FAX SHEETS & CROSSFIELD P.C. FAX: 218 -7097 TO: Christine Martinez FROM: Karen Whitt Our contact and the Texas coordinator at AS CAP (American Society of Composers, Authors, & Publishers) is Michelle Wright (800) 505 -4052. Please direct our correspondence and the agreement to her. The check for $500 should be made payable to ASCAP and attached to the agreement, If you prefer that Parks send the actual correspondence that would be fine too. The address for the agreement and check is: OCT -16 -2001 11:37 ASCAP ATTN: Michelle Wright 2690 Cumberland Parkway Suite 490 Atlanta, GA 30339 Thank you. Will you please confirm with Steve when either you or Parks has been able to send out the agreement? Or please let me or Steve know if you have questions or if we can be of any assistance in the matter. 95% P.01 fJ col /001