ment of this contract and lease, ordinary use and wear thereof only excepted. The Lessee hereby
acknowledges and recognizes that certain portions of the Municipal Auditorium and certain functions
that are carried on therein operate under certain union regulations and on a union basis. The Lessee
agrees that if his particular function, exhibition, display, or use, is of the type that comes within these
union rules recognized by the Manager of the Municipal Auditorium, then the Lessee agrees to operate
under them and abide by them.

9. That if the said premises, or any part thereof, shall become vacant during said term, the
Lessor or its representatives may re-enter the same either by force or otherwise without being liable
for any prosecution therefor, and may at its own option relet the said premises as the agent of said
Lessee and receive the rent therefor, applying the same, first, to payment of such expenses as may
be incurred in re-entering and reletting said premises, and then to the payment of the rent due under
this contract and lease; the surplus, if any, to be paid over to the Lessee, and said Lessee covenants
and agrees hereby to pay to the Lessor, on demand, the balance, if any, of the rental herein agreed to
be paid remaining after deducting the net rental resulting from such reletting; but nothing herein
contained shall be construed as imposing any obligation on the Lessor to relet or attempt to relet the
said premises nor does the Lessor assume any such duty, nor shall anything herein contained be con-
strued in any way to affect the obligation of the Lessee to pay the full amount of said rental in case
said premises shall not be so relet.

10. That in case the Municipal Auditorium Building, or any part thereof shall be destroyed or
damaged by fire or any other cause, or if any other casualty or unforeseen occurrence shall render the
fulfillment of this lease by the Lessor impossible, then and thereupon this lease shall terminate and
the Lessee shall pay rental for said premises only up to the time of such termination on a pro rata
basis using number of hours as the unit of measuring at the rate herein specified, and the said Lessee
hereby waives any claim for damages or compensation should this lease be so terminated.

11. That the Lessor shall not be responsible for any damage or injury that may happen to the
Lessee, or to the Lessee’s agents, servants, employees or property from any cause whatever, prior,
during or subsequent to the period covered by this lease; and the said Lessee hereby expressly releases
said Lessor from and agrees to indemnify it against any and all claims for such loss, damage or injury:
That said building, including the demised premises, shall be at all times under the charge and control
of the Manager of the Auditorium. : i

12. That the Lessor reserves the sole right to sell refreshments, including food, confectionery,
drinks, cigars, cigarettes and other such articles, and the right to conduct check stands, and the Lessee’
shall not engage in any of the aforesaid business in the building, without the written consent of the
Manager of the Auditorium. :

13. That the Lessor reserves the right to remove from the building all effects of whatsoever
nature left within it by the Lessee after the expiration of the time covered by this contract and lease;
or to charge an additional rental at the same rate per date provided in this contract if written notice
is given to remove such effects to the Lessee, and they are not immediately removed; and the Lessee
agrees to pay to the Lessor an amount to cover the cost of removing such effects or the cost of such
additional rental. é

14, That in the handling, control, custody, and keeping of receipts and funds and moneys,
whether the same are received through the box office or otherwise, the Lessor is acting for the accom-
modation and benefit of the Lessee, and that as to such receipts and funds the Lessor shall be respon-
sible only for gross neglect or bad faith. The Lessee promises to do no act that will prejudice the
insurance of the Lessor concerning the bonding of the employees of the Lessor in the handling of the
box office receipts. The Lessee further agrees with the Lessor that the only persons who are to have
the right to be in the box office are those employees of the Lessor directly engaged in the box office
work, the Manager and Auditor of the Municipal Auditorium, and the manager of the Lessee for the
purpose of checking the number of sales made, and no others.

15. And the said Lessee further covenants, agrees and understands that if any default is made
in the payment of the rent or any part thereof at the time above specified, or if any default is made
in the covenants or agreements herein contained, this contract and lease and the relation of landlord
and tenant at the option of the Lessor, shall cease and terminate and the relation of the parties shall
be the same in all respects as if said term had fully expired, and the said Lessor may re-enter the said
premises and hold the same as of its former estate therein, remove all persons therefrom, and resort
to any legal proceeding to obtain such possession, and the said Lessee shall notwithstanding said re-
entering, pay the full amount of said rental as herein agreed to be paid.

The party of the first part and the party of the second part hereby agree, stipulate, and recognize
that in the entering of this contract and lease that they are not in any way partners, co-partners, or in

any way jointly interested in any mutual enterprise but are to each other Lessor and Lessee respec-
tively, and occupy that status only.

: This agreement shall bind the parties and their respective heirs, executors, administrators and
assigns.

IN WITNESS WHEREOF, the city of Kansas City, Missouri, a municipal corporation, through its
Board of Governors of the Municipal Auditorium, represented in this contract by its Auditorium Man-
ager, has caused this contract and lease to be signed by its Auditorium Manager, for and on behalf of
ee City, Missouri, and the Lessee has signed the same in duplicate the day and year first above
written.

KANSAS, CITY, MISSOURI

Bes i f £, ..-- KAAATAA,....
Municipal

National Collegiate Athletid Assn. of U.S.

 
    

Senne iene ae acai eee .....p» Manager.
Party of the Second Part.