Missing Data - ADMIN - 9/14/2014 11:11:56 PMlilli
3019 Alvin Devone, Suite
200
Austin, TX 78741
(512) 472 - 2555
Fax (512)472. 2671
❑ TEXAS WIRED MUSIC, INC. TEXAS WIRED MUSK, INC.
4242 N. Pon Am Expwy.
San Antonio, TX 78218
(210) 223 - 6383
. Fax (2 10) 223 - 6411
muzak
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began billing
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❑ GULF BUSINESS MUSIC, INC.
1826 S. Padre Island Dr., #201
Corpus Christi, TX 78416
(361) 855.2651
Fax (36 1) 855 - 9091
❑ MUZICOM, INC.
424 Executive Center Blvd., #1 15
El Paso, TX 79902
(915) 533.5545
Fox (915) 532 • 7253
hereinafter called the COMPANY, shall furnish COMPANY services under this Agreement. Upon the COMPANY'S acceptance of this Agreement, this Agree-
ment shall constitute a contract with the undersigned SUBSCRIBER to furnish COMPANY services to:
SUBSCRIBER: OA \--‘1 QC iLcL Phone: 51.2---2 i? -54 31 Fax:: 11-.1)(--�i�"i-�j
at ° t . 146,4 n to be installed
Address
1. The COMPANY hereby agrees to make available to SUBSCRIBER at the above designated premises the daily COMPANY services, as they may from
time to time be constituted, and at the times furnished. SUBSCRIBER agrees to and does hereby accept the COMPANY services as made available and
as they from time to time be constituted and at the times furnished.
2. In order to enable SUBSCRIBER to receive COMPANY services, COMPANY shall install and keep the receiver and antenna in operatingcondition.
COMPANY shall also furnish the equipment descr*,ed hereinbelow.
3. The term of this Agreement for the COMPANY services shall be For a period of five (5) years beginning on the
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day of i t V, �.. e.2-0 and continuing thereafter for like subsequent periods, unless terminated by either party by
written notice sent to the other at the above address, at least sixty (60) days, but not more than six (6) months prior to the expiration of the original term
or any then current renewal terms. The commencement date of this Agreement shall be the commencement date written above or the initial date for
which COMPANY services are billed hereunder, whichever is Tater.
TYPE OF SERVICES AND AREA TO BE SERVED:
• Muzak®'s r\t_:.s.r- ol000 S WIL)music programming to be provided to a SL S( — s
sound system. Muzak° leased equipment to include
y (� ) amplifiers, ( �) speakers, ( ) volume controls,MuzakF'
Music receiver and satellite dish, and ( ) complet cabling network.
Routine maintenance to be provided on all (eased equipment at no additional cost to the Subscriber. The Subscriber assumes
all responsibility for maintenance on Subscriber -owned equipment.
• The Company assumes the payment of all music licensing nsing fees required by ASCAP and BMI in connection with the use of Muzak®
programming only. ASCAP and BMI fees associated with the use of television, live performances, CDs, radio or any other program
material are the responsibility of the Subscriber.
This Agreement replaces all previous agreements except Marketing on Hold agreements, if any, between the parties.
The total consideration, payable to the COMPANY offices, for the furnishing of the COMPANY services shall, except in the event of default or breach
of this Agreement by SUBSCRIBER, be payable in advance in monthly installments on the following basis, to wit:
MONTHLY INVESTMENT $ 0 0
NON-RECURRING Initial Investment $ 5O.Oo
When signed by the SUBSCRIBER and accepted by COMPANY, this order, together with the terms and conditions on the reverse side hereof, shall become a
contract binding upon the parties. The undersigned represents that he has read the terms and conditions on the reverse side, that he understands and agrees
to be bound by same, and that he has the authority to execute this Agreement on behalf of the SUBSCRIBER.
Accepted by the COMPANY SUBSCL,1.; .
By: B
Title:
Date of Signing: Printed Name:!'
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Tax Payer ID or SSN:
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❑ TEXAS WIRED MUSIC, INC.
4242 N. Pan Am Expwy.
San Antonio, TX 78218
(210)223.6383
Fox (210) 223 - 6411
TEXAS WIRED
3019 Alvin Devane, $3le 200
Austin, TX 78741
(512)472 - 2555
Fax(512)472-2671
muzak
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bill to#
began billing
filed as
.GULF BUST Ess Iriustc, INc. 0 MULCAM, INC.
1826 S. Padre Island Dr., #201
Corpus Christi, TX 78416
(361)855 - 2651
Fax(361)855-9091
424 Executive Center Blvd., 1115
El Paso, TX 79902
(915) 533.5545
fax (915) 532.7253
hereinafter called the COMPANY, shall furnish COMPANY services under this Agreement. Upon the COMPANY'S acceptance of this Agreement, this Agree-
ment shall constitute a contract with the undersigned SUBSCRIBER to furnish COMPANY services to:
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SUBSCRIBER:�.il �" tis%„+aL i V,-ot il. Phone: Fax: S lk-
• at c -v1.4 L . t-k(,s r) V,.-c)c...tc., I -TY, ,(1,014-1 to be installed
Address
1. The COMPANY hereby agrees to make available to SUBSCRIBER at the above designated premises the doily COMPANY services, as they may from
time to time be constituted, and at the tines furnished. SUBSCRIBER agrees to and does hereby accept the COMPANY services as made available and
as they from time to time be constituted and at the hoes furnished.
2. In order to enable SUBSCRIBER to receive COMPANY services, COMPANY shall install and keep the receiver and antenna in operatingcondition.
:;,, COMPANY shall also furnish the equipment described hereinbelow.
3. The term of this Agreement for the COMPANY services shall be for a period of Five (5) years, beginning on the
diay of tt . . _o% -Qt a-- and continuing thereafter for like subsequent periods, unless terminated by eilter party by
written notice sent to the other at the above address, at least sixty (60) days, but not more than six (6) months prior to the expiration of the original term
or any then current renewal terms. The commencement date of this Agreement shall be the commencement date wrfiten above or the Mal date for
which COMPANY services are billed hereunder, whichever is Tater.
TYPE OF SERVICES AND AREA TO BE SERVED:
` Muzake's L. !J (J 1()music programming to be provided to a S\-* S t t .r-° C:4
sound system. Muzak leased equipment to include (� ) amplifiers, ( T' ) speakers, ( ) volume controls,Muzak'�
Music receiver and satellite dish, and ( ) complete/cabling network. �' (3)
Routine maintenance to be, provided on al leased equipment at no addiihonal cost to the Subsaber. The Subscriber assumes
al responsibilty for maintenance on Subscriber -owned equipment.
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The Company assumes the payment of el musts licensing fees required by ASCAP and BMI in connection with the use of Muzak"'
programing only. ASCAP and BMI fees associated with the use of television, live performances, CDs, radio or any other program
material are the responsibility of the Subscriber.
This Agreement replaces an previous agreements except Marketing on Hold agreements, if any, between the parties.
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4 The total consideration, payable to the COMPANY offices, for the furnishing of the COMPANY services shall, except in the event of default or breach
of this Agreement by SUBSCRIBER, be payable in advance in monthly installments on the following basis, to wit:
``�
MONTHLY INVESTMENT $ `"{ . 0 0
NON-RECURRING Initial Investment $ 14- 50 . 00
When signed by the SUBSCRIBER and accepted by COMPANY, this order, together with the terms and conditions on the reverse side hereof, shall become a
contract binding upon the parties. The undersigned represents that he has read the terms and conditions on the reverse side, that he understands and agrees
to be bound by same, and that he has the authority to execute this Agreement on behalf of the SUBSCRIBER.
Accepted by the a(JMPANY [)
By: \ l ~1
Date of Signing: - ' <.-
Priced Name:
SUBSCI,IIBER: Li 1J
By: ,/4,i i`-- At-(, /1f
Tile: .,./11
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(2!0(v /o(4
Tax Payer IDorSSN
CONDITIONS AND STIPULATIONS WHEREIN IT IS MUTUALLY AGREED:
1. In the event COMPANY Services are not furnished by COMPANY to SUBSCRIBER because of strike, mechanical failure, the elements, act of God, govemment
rulings or regulations, emergency, or other causes in the public interest, for any reason, similar or disimilar, beyond the control of COMPANY, the same shall not be deemed to be
a breach of this Agreement, and COMPANY shall not be liable for any loss, damage, or delay caused thereby. If COMPANY Services are not supplied to SUBSCRIBER for a period
of twenty-four (24) consecutive hours and if SUBSCRIBER gives to COMPANY prompt notice of such interruption in writing sent by registered mail, COMPANY will credit
SUBSCRIBER'S account with an amount equal to one-thirtieth (1/30th) of the monthly fee for each consecutive twenty-four (24) hour period during which such interruption exists.
Such credit shall not be given 11 interruption results from a breach of SUBSCRIBER of any term or condition of this Contract or if SUBSCRIBER is in default of any payment due
for COMPANY Services.
2. The consideration for this contract is computed on the basis of a fully specified term so that the total of the monthly payments therein specified constitutes the
consideration for this contract and there Can be no pro rata cancellation thereof. Payment is to be in advance to the office of COMPANY as billed by COMPANY either monthly,
quarterly or annually. COMPANY is not to be responsible for any payments made unless by check payable to the order of COMPANY.
3. Title to and ownership of all of the equipment is and shall remain in the COMPANY. The equipment shall not become a part of the premises, and shall be free from any
levy, suit, warrant or other legal action on the part of any landlord or owner or other firm or corporation. Should the SUBSCRIBER remove, sell or encumber in any way any of the
equipment, or attempt to do same, or should SUBSCRIBER vacate or dispose of the designated premises or discontinue its business there, or should the SUBSCRIBER default
in any payment hereunder or otherwise violate any term or condition of this Agreement, or should any levy or attachment be made, or should SUBSCRIBER enter into any
arrangement or composition with its creditors, then in such everit, the COMPANY, in its sole discretion, may declare this Agreement to be in default. The parties hereto acknowl-
edge and agree that in the event of SUBSCRIBER'S default and the declaration of such default by the COMPANY, then as liquidated damages, and not as penalty, the COMPANY
shall be entitled to receive an amount equal to seventy-five percent (75%) of the monthly charges for each and every month of the balance of the then current term of this
Agreement, and this amount, together with sums already due for services rendered at or prior to the declaration of any such event of default, together with interest at the highest
legal rate from the date such amounts become due, together with attorney's fees or other costs associated with collection, shall become immediately due and payable, without
formal demand or notice. The parties hereto acknowledge and agree that the liquidated damages formula as set forth herein represents the parties' best present judgement as to
the amount of actual damages which will be sustained by the COMPANY as a result of a default by the SUBSCRIBER under the terms of this Agreement. The parties further agree
that without relieving the SUBSCRIBER of liability for the amount set forth herein, upon such default, the COMPANY may enter at any time the premises of the SUBSCRIBER for
the purpose of taking possession and removing the equipment. The same shall be effective at the SUBSCRIBER'S expense. The parties hereto further agree that no action taken
by SUBSCRIBER or COMPANY shall be deemed a waiver of any of its other rights or remedies.
4. It is stipulated by and between the parties hereto that the SUBSCRIBER shall not use the COMPANY Services to displace a live orchestra, or live entertainers, nor
shall the SUBSCRIBER allow SUBSCRIBER'S tenants to use the COMPANY Services, nor use the service outside the premises designated hereinbefore on the front hereof, nor
use any equipment furnished by COMPANY, without written consent of COMPANY. SUBSCRIBER shall not dub, record, rerecord, transcribe or retranscribe in any manner or by
any means, method or process whatsoever, any portion of the Program Service, or knowingly permit anyone to do any of the same. Copyright performance fees for live entertain-
ment are not included within this Agreement.
5. SUBSCRIBER shall provide a power outlet within six (6) feet of amplifier locations, shall not change the location of the equipment nor make any additions to or
alterations in it or the associated transmitting or receiving equipment, and shall be responsible for good condition of same (including being responsible for any fire, lightning, flood,
etc. damage to COMPANY'S equipment), subject to reasonable use thereof. If in the actual installation of the equipment any alterations or improvements in the premises are
required to be made, the same shall at all times remain a part of the premises wherein COMPANY equipment is installed and upon removal, COMPANY shall not be responsible
for reasonable damage to the premises and shall not be required to remove, repair, replace or otherwise reestablish the orginal set of conditions. SUBSCRIBER further agrees that
it, its agents or employees, will not attempt at any time to remove or relocate any and all of the equipment provided to SUBSCRIBER by COMPANY.
6. As part of the consideration of this contract, SUBSCRIBER agrees to inspect the installation of COMPANY'S equipment in the premises of SUBSCRIBER, including
the antenna and its anchors, within 14 days of the completion of the installation of COMPANY'S equipment. If SUBSCRIBER does not report to COMPANY any deficiencies or
objections to such installation within 14 days from the completion of such installation, then the parties hereto agree that the installation of such equipment, including antenna, is
satisfactory to SUBSCRIBER and its inspectors, so that SUBSCRIBER releases COMPANY of and from any and all claims, damages and liabilities which SUBSCRIBER could
have asserted against COMPANY for damages relating to such installation. COMPANY and SUBSCRIBER agree that the only warranty of COMPANY is that the equipment
covered hereby will be free of defects in materials and workmanship during the term of this Agreement. The exclusive remedy of SUBSCRIBER for breach of this warranty or any
other obligation hereunder shall be the repair and replacement of nonconforming goods. COMPANY shall never be liable for any consequential or incidental damages. No waiver
or modifications hereof shall be valid unless made in writing and signed by an authorized representrative of COMPANY. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF
ANY AND ALL OTHER PRIOR REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS. It is
expressly agreed that the consideration stated on the fact hereof is a factor in this limitation of liability.
7. SUBSCRIBER agrees to pay all federal, state and municipal taxes, excises, fees and other imposts now or hereafter levied or required to be collected by COMPANY.
8. SUBSCRIBER shall, and does hereby agree to, indemnify COMPANY from any and all claims, actions or causes of action asserted by anyone against COMPANY for
pursuing its rights or remedies under this Agreement.
9. The advance payment shown on the reverse side hereof is due on the first day of the payment period. A late charge fo one and one-half percent (1 1/2%) per month
or the highest rate allowable by law (whichever is lesser) shall be imposed upon all accounts thirty (30) days past due.
10. Notwithstanding Section 4 on the front side of this Agreement, Section 2 on the reverse side of this Agreement, or any other provision contained herein to the contrary,
the COMPANY can increase the monthly installment described herein during the initial term and any renewal terms of this Agreement. In the event that the monthly charge payable
hereunder shall, at any time during the term hereof, be increased by COMPANY by more than twenty percent (20%) during any two (2) year period, the SUBSCRIBER shall have
the right, at any time within sixty (60) days after the date upon which written notice of such increased monthly rate is mailed by COMPANY, to terminate this contract upon seven
(7) day's written notice, by certified mail to COMPANY at its address hereinabove, of the SUBSCRIBER'S election to do so.
11. The parties agree that only authorized repairmen as approved by COMPANY shall be allowed to perform maintenance or relocate the furnished equipment (which
remains the property of the COMPANY). SUBSCRIBER shalt grant free access to the COMPANY of persons so designated by it, to the furnished equipment for the purposes of
inspecting, testing, maintaining or replacing such equipment. SUBSCRIBER shall immediately notify COMPANY of any breakage, distortion, disruption, mechanical or electrical
failure, and shall not in any manner disassemble, dismantle, alter or attempt to repair or adjust any of the furnished equipment. SUBSCRIBER shall be liable for breakage and
maintenance required beyond "routine maintenance" as determined by COMPANY, which is herein defined to include the failure of component parts of the equipment caused by
wire failure which does not result from any failure of the integrity of the wires as installed by COMPANY, then SUBSCRIBER agrees to pay same. SUBSCRIBER further agrees that
in the event COMPANY elects to initiate charging a service fee for all service calls to cover its vehicle costs, then SUBSCRIBER agrees to pay same. This installation charge is
premised upon the work being performed during normal working hours, If SUBSCRIBER requires installation to be performed at other times, SUBSCRIBER shall pay, on receipt
of invoice therefor, any direct overtime expenses incurred by COMPANY in installation of equipment. 11 it is necessary to utilize any form of conduit to effect installation of the
equipent, SUBSCRIBER agrees that it will provide and install any such conduit at its own expense or authorize COMPANY to provide same in addition to the installation charge
specified herein.
12. SUBSCRIBER and COMPANY agree that this document shall contain all of the terms and conditions of the agreement between SUBSCRIBER and COMPANY. Any
oral or other representations which may be made by sales representatives of COMPANY shall not be considered a binding part of this Agreement unless said representations are
contained herein.
13. This Service Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs and/or legal representatives.
14. Venue of any dispute arising out of this Agreement shall be in Bexar County, Texas. This Agreement shall be construed under the laws of the State of Texas.
15. SUBSCRIBER agrees to pay all of COMPANY'S attorney's fees or other costs associated with collection of any amounts which become due and payable under this
Agreement, including but not limited to, any fees charged by COMPANY'S collection agency.
muzak
Addendum to Service Agreement
The company and the subscriber agree that the following provision is to be attached to, and incorporated into,
the Service Agreement between the parties dated December -20 .
Mai oto
If the Subscriber ceases doing business during the term of the Service Agreement described above, then the
Subscriber may terminate the Service Agreement by giving the Company written notice of its desire to do so 30
days prior to the requested termination date.
If the Subscriber sells the building where the serviced premise is located during the term of the Service
Agreement described above and no past due amounts are owed to the Company on the date of the sale, then
the Subscriber will be automatically relieved of its obligations under the Service Agreement, and the new owner
may terminate the Service Agreement by giving the Company written notice of its desire to do so within the 60
day period that follows the sale closing date. In the absence of such notice, the terms of the Service Agreement
will remain in force with respect to the new owner.
If the Subscriber relocates its business during the term of the Service Agreement described above, then the
Company shall relocate all leased equipment to the Subscriber's new place of business at no expense to the
Subscriber.
If the Subscriber experiences "habitual" service problems during the term of the Service Agreement described
above and the Company is not able to remedy the problems after receiving written notice of the problems from
the Subscriber, then the Subscriber may terminate the Agreement by giving the Company written notice of its
desire to do so. The term "habitual" for purposes of this paragraph shall mean occurring four or more times a
year.
The Company shall not increase the monthly rate described in the Service Agreement described above during
its initial term unless additional services are requested by the Subscriber.
COMPANY: SUBSCRIBER:
Texas Wired Music, Inc. 0}-1�F „�, �, Roc._
By:
Name: Brett Balthrope
Title: Vice President
Date:
By off/
Name: LUUri 2 d k
(044 •Ti Ie. : t
Date:
1, 2J)/2_