May 25, 1942. tir. Louis G, Lower, Director, Municipal Auditoriun, Kansas City, Missouri. Dear Louie: I em returning one of the signed copies of our contract for our Great Lakes game in your Mumicipal Auditorium on January 30, 1943. I am also writing you to ask you te hold for us the date of Jarmary 29, as I have written to Major Bernie W. Bierman, . Director of Athletics in the Naval Aviation Pre-Flight School at Iowa City, asking for ea game with his outfit on the 29th. In that case Kansas would have two nights of it, and I believe we sould build quite a patriotic program around the two nights. The reason that we could not play Oklahoma Aggies and Great . Lakes was because Tony Hinkle, of Great Lakes, closed with the University of Missouri at Columbia, Missouri, on January 29th. That blew up our ship, but this will go mighty well, I think. The fact that we are playing Bierman's outfit on the 29th will not take much from the Great Lakes attraction, which is a foregone con- clusion. And the two nights will possibly affect the pley of Kansas egeinet the Great Lakes on account of being a little tired, but we must remember that Great Lakes is playing Miseouri the night before, so nobody should be badly hurt. I will write you right amy, as scon as I hear from Major Bierman. | Sincerely yours, : Director of Physical Education and Recreation, -_— ) Varsity Basketball and Baseball Coach. ADVISORY BOARD FRED _G, BUFFE “Chairman JOHN C. GROVER Vice-Chairman H. E. BONING, JR. Secretary BARNEY L. ALLIS HARRY M. GAMBREL R. CROSBY KEMPER FRED M. LEE DORMAN H. O'LEARY HARRY H. WELSH, JR. MAIN ARENA 12,000 seating capacity MUSIC HALL 2,572 seating capacity LITTLE THEATRE 600 seating capacity EXHIBITION HALL 120,000 square feet COMMITTEE ROOMS(23 seating capacities 25 to 500 MUNICIPAL AUDITORIUM KANSAS CITY, MISSOURI LOUIS G. LOWER, Mitt Director May 16,1942, Dr.Forrest C,Allen University of Kansas Lawrence, Kansas Dear "Phog"s: No apology necessary for your over looking my title. As a matter of fact, the Auditorium staff has never paid much attention to titles anyway and that policy will continue. We try to build up the same spirit of teamwork that has been always present in your basketball teams. In accordance with your request, you will find enclosed contracts for the Rockhurst - Kansas University game on December 11,1942. I will be glad to hear from you if other vlans develop. With kindest personal regards, I am on Louis G, Lower) Director LGL: EH Ene: 2 contracts, CONTRACT AND LEASE Chis Angre Pitteit, Made on the et . day of ane 1g by and between the City of Kiansas City, Missouri, a municipal corporation, represented in the entering of this contract by the Municipal Auditorium Director, hereinafter designated as the Lessor, party of the first part, and My, Gwinn Henry agent or representative of Director of Athletics, University of Kansas. party of the second part, hereinafter designated’ as Lessee, a WITNESSETH: That the party of the first part, the Lessor, Kansas City, Missouri, i in consideration of the covenants and agreements herein contained, and of the faithful performance of the Lessee of ‘all such covenants and agree- ments hereby grants unto said Lessee the right to use and occupy the ‘Avena on. Pridaye. Decenber li, beers of the Municipal Auditorium Building, situated at 13th & Wyandotte Sts, Kansts City) MiseU ati, for the following and no other purpose, to wit: 4 if Biet Basketball gemes during the hours and_upon the dates hereinafter specified, to wit: ie uae tomery besketball seteup 7:00P,M. to 11959 Pl, OPEN TO PUBLIC ABs with such special arrangements as are here set forth The Lessor further agrees: ; ) a cs i cle ai , i 1. To permit the Lessee, upon the faithful performance of the terms of this lease, peaceably and quietly to have, hold and enjoy the use of said premises for the purposes and for the term aforesaid, ; accidents and unavoidable delays excepted. i H 2016] i 2. To furnish, at the Lessor’s expense, reasonable Ho for the said apreinides for doe purposes aforesaid, accidents and unavoidable delays excepted. © | A Jy 8. ‘To furnish, at the Lessor’s expense, light for ordinary use only, for said Wpeneea fi en aha’ as required in the reasonable RIOD of the Director of said building, for the purposes aforesaid, accidents and unavoidable delays excepted. iq (3x Ob faxed’ WI £ cue C i y teiee \ 4, To feet water naive the ans City Water Works by means s offt e soguiatly install 4 appliances for ordinary’ toilet: and drinking purposes only, accidents and unavoidable dele tys excepted, = nk To furnish SteMard sets of reserved seat tickets, to ‘handle the advaries \sale of Saeed, to provide the ctistomary basketball set up tf the Arena and td furnish ticket sellers, ticket ‘takers, and ushers, © } £}, ts egos teh LIT zal Bi The Lessee hereby covenants and agrees: 1. To pay to the said Lessor for its rights under this Lease and Agreement the sum of $1.00 to be paid at the time this cotract is signed, plus 20% of all gate receipts after deduction of Federal and State taxes, Both the Lessor and the Lessee agree and understand that if a flat rate is to be paid for the rights of the Lessee under this contract and lease, then the Lessee is to pay all municipal, state and federal taxes upon the receipts taken in, which are required to be paid, whether in the nature of a sales tax, amusement tax, privilege tax or any other kind of a tax, and if the Lessee claims to be exempt from any such tax the Lessee shall in advance obtain in writing a statement acknowledging its exemption from the proper governmental branch and present such statement to the Director of the auditorium in advance of the particular performance or occasion that the exemption relates to. Further, in the absence of such a presented exemption the party of the first part is hereby granted a lien upon all moneys received in its custody for any performance, exhibition or other public use and from such money shall be entitled to take therefrom such sum as is necessary to pay the tax or taxes owing. If the party of the second part is to pay a percentage of the receipts taken in on any performance, exhibition or other public use for its rights received under this contract and lease, then the party of the first part has a general lien over all such money taken in with the right to take from such money such sum as is necessary to pay said tax oj taxes, and then from the remaining amount the parties hereto take their specified percentages. Further, the party of the first part has a lien over all box office receipts with the right to take therefrom the money owed it as rental under this contract and lease, and also a lien over said box office receipts for the purpose of and with the right to deduct from said box office receipts a sufficient amount of money to pay the costs of stage hands, musicians, ushers, door men, ticket takers, spot light operators, motion picture operators, and any and all other employees of said Lessee who may be called in, either by said Lessor or by said Lessee, for the convenience of said Lessee and at the said Lessee’s request, for said attraction pro- vided for by this contract and lease, it being distinctly understood and agreed, however, that all and each of the. above mentioned employees are and remain employees of the Lessee herein solely, and the Lessor is in no way or manner responsible for any moneys whatsoever.claimed by said employees for work or labor done in any way in connection with said attraction. The party of the first part and the party of the second part agree that: 1. The party of the first part will not advertise any performance, exhibition, attraction, or public dis- play except with the specific permission of the Director of the auditorium as to the means and manner of such advertising, and shall advertise only in such papers and by such means and in such a manner as the Auditorium Director agrees to, and no billing, distributing or advertising of any kind whatsoever in the newspapers, or in any other form, paper, or manner shall be done by the Lessee without the actual and specific consent of the Auditorium Director. A violation of this clause is agreed and understood to be against the essence of this contract, and shall be considered a violation of the whole contract, rendering it voidable at the option of the Lessor. 2. That said Lessee will comply with all rules and requirements of the Police Department and Fire De- partment and other municipal authorities of Kansas City, and will obtain and pay for all necessary permits and licenses, and will not do nor suffer to be done anything on said premises during the term of this lease in violation of law. ; 3. That said Lessee shall not injure, nor mar, nor in any manner deface said premises, and shall not cause or permit anything to be done whereby the said premises shall be in any manner injured, marred or defaced; and will not drive or permit to be driven, nails, hooks, tacks or screws into any part of said building and will not make nor allow to be made any alterations of any kind therein; that no bills, signs or other articles shall be pasted, nailed or otherwise attached to any part of the interior of said building in such manner as to injure, deface or destroy the same, nor shall any signs, bills or other articles be in any manner attached to the exterior walls or said premises or any other portion of said premises without the approval of the Director of the auditorium. 4. That if said premises or any portion of said building during the term of this lease shall be damaged by the act, default or negligence of the Lessee, or of the Lessee’s agents, employees, patrons, guests or any person admitted to said premises by Lessee, Lessee will pay to the Lessor upon demand such sum as shall be necessary to restore said premises to their present condition. The Lessee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises by or with the consent of any person acting for or in behalf of said Lessee, and said Lessee agrees to have on hand at all time sufficient police force to maintain order and protect persons and property. The Lessor assumes no liability for injury of any nature to persons or property received in or about said building and premises and the Lessee coven- ants and agrees to make no claim against the Lessor for damages for such injuries, and agrees to indemnify and hold harmless the Lessor against any claim for damages of such character, either to the Lessee or to any employees or to other persons including patrons or guests of the Lessee. 5. That said Lessee shall not assign this lease nor,suffer any use of the said premises other than that herein specified, nor let nor underlet the same, nor suffer any article to be brought into or act done on said premises which vitiate or increase the premiums on the policy or policies of insurance held by the Lessor on its building, of which said premises are a part. 6. That the Advisory Board of the Municipal Auditorium and the Municipal Auditorium Director and anyone who shall present from them or him in writing a proper statement that that person is to be admitted, shall have at all times free access to said premises for the purpose of making necessary inspections or attend to any other matter which is usual and customary in the managing and regulating of said building. Further, that the Advisory Board of the Municipal Auditorium, through the Director of the Municipal Auditorium, shall have the right to select from the entire list of boxes, four boxes, if the performance, exhibition or display is given in the arena of the Municipal Auditorium, and if given anywhere else in the Municipal Auditorium, then the Advisory Board of the Municipal Auditorium, through the Director of the Auditorium, shall have the right to select from the entire list of available seats number of seats of his own choice, all said boxes and seats being provided to said Director for each and every performance, exhibition or display given, without cost or other remuneration. 7., That the keys and-other locking devices shall at,all times be in the possession and control of the Lessor. 8. Said Lessee agrees to abide by and conform to all rules and regulations from time to time adopted by or prescribed by the Lessor, for the government and management of said building; to take the proper care of the demised premises during said term; to quit and surrender up said demised premises to the Lessor at the end of said term in the same-condition.as-at the date of the commencement 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 Director of the Municipal Auditor- ium, 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 relett- ing 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 construed 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 unforseen occurrence, including strikes, lockouts, boycotts and civil insurrections, shall render the fulfillment of this lease by the Lessor impossible, then and thereupon this lease shall terminate; and in the event the term of this lease shall have begun prior to any such occurrence, the Lessee shall pay rental for said premises up to the number of hours as the unit of measuring at the rate herein specified; and in the event of any such occurrence prior to the beginning of the term of this lease, then this lease shall not become effective; and in either event, said Lessee hereby waives any claim, for damages or compensation because of any such termination. 11. That the Lessor and its employees, servants and agents shall not be responsible for any damage or injury that may happén to the property of the Lessee, or to the property of the Lessee’s agents, servants and employees, or to property that may belong» to any other person, including any of the general public that may attend said leased portion of the Auditorium, where said loss arises from theft, fire or any other circum- stance, and said: Lessee hereby expressly releases Lessor from said losses and agrees to indemnify it against any and all claims for such loss, damage or injury in cases both where the Lessee is the actor and in cases where the Lessee has, in compliance with this contract and lease, entered into a sub-lease or sub-contract. 12. That the Lessor, through its concessionaire, 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 Director 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. 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 accommodation and benefit of the Lessee, and that as to such receipts and funds the Lessor shall be responsible 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 Director 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. The Lessee hereby agrees that the Lessor has the unqualified right to cancel this contract and lease without refunding any money paid thereunder, or without any loss or detriment to said Lessor if the Lessee has misrepresented in any manner or in any degree the type or nature of the attraction to be held in said leased premises, if said misrepresentation in any manner influenced said Lessor in entering into this contract and lease, and said Lessee hereby agrees that said Lessor is the sole judge, through its duly appointed agent, the Director of the Auditorium, of whether or not the said misrepresentation did so influence it in entering into said contract and lease; further said Lessee assumes the duty of disclosing to said Lessor whether or not the attraction to be held in said leased premises is in any manner or means of a political nature, and failure to so disclose makes this contract and lease voidable at the election of the Lessor. 16. 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 for- mer 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 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 respectively, 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, represented in this contract by its Auditorium Director, has caused this contract to be signed by its Auditorium Director, for and on behalf of Kansas City, Missouri, and the Lessee has signed the same in duplicate the day and year first above written. KANSAS CITY, or By : Municipal Auditorium Director. This contract is subject to clause #17 Director pf Athletics, University of Kansas. which is on the back of this contract, ae | By : Arena-December 11, 19))2. BASKETBALL GAMES 17. The parties hereto being cognizant that the United Stetes is at war and that a war emergency exists and that demands have been made by the United States Government upon the City and its facilities, and that other demands may in the future be made, ° it is therefore understood and agreed between the parties hereto that in the event the United States Government, or any department or agency thereof, desirés to lease or use any part of the Municipal Auditorium Building involved or affected by this lease, then this lease may be immediately cancelled by the lessor without notice thereof; and furthermore the lessor also reserves the right to change the dates herein specified at lessor's discretion, and the lessee hereby waives any claim he may have. or. which might arise by, reason of such cancelation or change of dates. ea t } ¢ > mm ’ 7 * , > 3 : , : f ’ “a oes he . te 7 ned « — rte | iy “2 eC ju MLIELCU USPIC 7 ype crouhy Tee ole a 6 Wiigitt = ° > oOo 3 be ©. Qa ow 3220 eS rif} Go sim pemee pamen cubis Reverses Bee ° ao oe ae a oun gah figs ibe broken ec ae gi Sbbgu Fy my as , w oi A Ss = = Aa r : eA ¥} ee gs Zz oe SHI] Bot POs ~ is Bpcrpreq@sug hsp pe THE ALLIS PRESS, K. C. MQ. all id etre ADVISORY BOARD FRED G. BUFFE Chairman JOHN C. GROVER Vice-Chairman H. E. BONING, JR. Secretary BARNEY L. ALLIS HARRY M. GAMBREL R. CROSBY KEMPER FRED M. LEE DORMAN H. O'LEARY HARRY H. WELSH, JR. MAIN ARENA 12,000 seating capacity MUSIC HALL 2,572 seating capacity LITTLE THEATRE 600 seating capacity EXHIBITION HALL 120,000 square feet COMMITTEE ROOMS(23 seating capacities 25 to 500 MUNICIPAL AUDITORIUM KANSAS CITY, MISSOURI LOUIS G. LOWER, Agitit Director May 11,1942. Dr, Forrest C.Allen university of Kansas Lawrence, Kansas Desr Sir: The title is not exactly correct as I am now called the Assistant Director. I have taken over Louis Lower's job and Lou, as you know, has moved up to the Director position. I am glad to know that you are going to have several basketball games in the Auditorium during the winter months. I am enclosing contracts for your game on January 30,1943 with the Great Lakes Naval Training Station and we are holding January 29 for you in case that you want to have a game before you play the sailors, For your game with the Rockhurst College, the best night available at the present time is Friday, December 11; however, the 15th and 16th are still open in case you might have to change the date of the Creighton game. Saturday, December 12 has already been booked, however, we could give you most any day during the week of December 7 to 11 as these are all open at the present time. We are holding the above dates for you until we receive your final word as to what arrangements you have made for Rockhurst and Oklahoma "Agries", if you have an opportunity to play them, Yours truly, CS Clarence B, ; Assistant Director. CBH: EH ENC: contracts. CONTRACT AND’ LEASE: Chis Anteement, Made on the ith GO DE e. MAY si 1g h2 by. and between the City. of Kiansas City, Missouri, a municipal corporation, represented in the entering of his contract by the Municipal Auditorium Director, hereinafter designated as the Lessor, party of the first part, and agent or representative of Director, of Paysteal Education, TOON Om - Kansase party of the second ae hereinafter designated as Lessee, WITNESSETH: | That HEH AY of the first part, the Lessor, Kansas City, Missouri, in consideration of the covenants and agreements herein contained, and of the faithful performance of the Lessee of all such covenants and agree- ments hereby grants unto said Lessee the right to use and occupy the Arena on Saturday, Jemary 30, 19S. of. the Municipal ‘Auditorium ‘Building, situated at 13th & eee Sts., Kansas Gity, Missouri; for the following and no- oe purpose: to wit? WwGs V1 Basketball | games during’ the: ees wii upon sie dates hereinafter eae to wit: SET UP* rae? basketball ero Me te: nessrany OPEN TO ee REMOVAL with such) siretcial nifeapenienis as are uae set forth = “ee : i UGs2 % “Tite Lessor further agrees: 0" 1. To permit the Lessee, upon the faithful performance of the terms of this lease, peaceably and quietly to" have, hold and enjoy the use of said premises for the purposes. and for the term aforesaid, accidents. and unavoidable delays excepted. ae ‘To furnish, at, the Lessor’s expenses , Teasonable heat for- the saish | premises: for the purposes aforesaid, accidents and unavoidable delays) exgeptediib > APO B a bg To fe RIHE at the Bess ob! Ss expense, light for’ WdIAaHY use ‘only, for said premises, sahee aia 4 as featdiree in ‘the reasonable opinion of the: Director of said pees eh for the Purposes aforesald, accidents and unavoidable delays excepted. . Avoule: funnistib ‘water Engm the. Keneas City Water Works os means. s.of the regularly, installed appliances for ordinary toilet’ and peace purpases only, ‘accidents: and: unavoidable delays yemiteds 5 Te e0chibh eteandard: sets of: reserved seat. tie ketsiy: to handle: the advance: sale of ~~ $4ekets, to provide ‘the’ customary Pabketbell “set: wp a He Annee and ‘to furnish - tekes sellers, ticket takers, and’ usherss i OOVWICT si Gi The Lessee hereby covenants and agrees: 1. ‘To pay to the said Lessor for its rights under this Lease and Agreement the sum of $1.00 to be paid at the time this contract is signed, plus 20% of all gate receipts after deduction of Federal and State taxes, Both the Lessor and the Lessee agree and understand that if a flat rate is to be paid for the rights of the Lessee under this contract and lease, then the Lessee is to pay all municipal, state and federal taxes upon the receipts taken in, which are required to be paid, whether in the nature of a sales tax, amusement tax, privilege tax or any other kind of a tax, and if the Lessee claims to be exempt from any such tax the Lessee shall in advance obtain in’writing a statement acknowledging its exemption from the proper governmental branch and present such statement to the Director of the auditorium. in advance of the particular performance or occasion that the exemption relates to. Further, in the absence of such a presented exemption the party of the first part is hereby granted’a lien upon all moneys received in its custody for any performance, exhibition or other public use and from such money shall be entitled to take therefrom such sum as is necessary to pay the tax or taxes owing. If the partyvof the second part-is to) pay a percentage of the receipts taken in’on any performance, exhibition or.other, public use for its. rights received. under this contract. and lease; then the party of the first part has a general lien over all such money taken in with the right to take from, such money such sum as is necessary to pay said tax oj taxes, and then from the remaining amount the parties hereto take their specified percentages. Further, the party of the first part has a lien over all box office receipts with the right to take therefrom the money owed it as rental under this contract and lease, and also a lien over said box office receipts for the purpose of and with the right to deduct from said box office receipts a sufficient amount of money to pay the costs of stage hands, musicians, ushers, door men, ticket takers, spot light operators, motion picture operators, and any and allcother employees of said Lessee who may be called in, either by said Lessor or by said, Lessee, for. the convenience.of said, Lessee and at the said Lessee’s request, for said attraction pro- vided for by this contract and lease, it being distinctly understood and agreed, however, that all and each of the above.mentioned employees are and remain employees of the Lessee herein solely, and the Lessor is in no way or manner responsible for any moneys whatsoever claimed by said employees for work or labor done in any way in connection with said attraction. eee Het aceipile 7 The party of the first part and the party of the second part agree that: 1. The party of the first part will not advertise any performance, exhibition, attraction, or public dis- play except with the specific permission of the Director of the auditorium as to the means and manner of such advertising, and shall advertise only in such papers and by such means and in such a manner as the Auditorium Director agrees to, and no billing, distributing or advertising of any kind whatsoever in the newspapers, or in any other form, paper, or manner shall be done by the Lessee without the actual and specific consent of the Auditorium: Director. A violation of this clause is agreed and understood to be against the essence of this — and shall be considered a violation of the whole contract, rendering it voidable at the option of the essor. aio 2icv’That:said Lessee: will-comply with all rules and requirements of the Police Department and Fire De- partment and other municipal authorities of Kansas City, and will obtain and pay for all necessary permits and‘ licenses, and will not do nor suffer to be done anything on said premises during the term of this lease in violation of law. 3. That said Lessee shall not injure, nor mar, nor in any manner deface said premises, and shall not éais@ or permit anything to be done whereby the said premises shall be in any manner injured, marred or défaced; and will not drive or permit to be driven, nails, hooks, tacks or screws into any part of said building and will not make nor allow to be made any alterations of any kind therein; that no bills, signs or other articles shall be pasted, nailed or otherwise attached to any part of the interior of said building in such manner as to injure, deface or destroy the same, nor shall any signs, bills or other articles be in any manner attached to the exterior walls or said premises or any other portion of said premises without the approval of the Director of the auditorium. ~° qsfce PCLGIUTEeL Zhe 4, That if said premises or any portion of said building during the term, of this lease shall be damaged by the act, default or negligence of the Lessee, or of the Lessee’s agents, employees, patrons, guests or any person admitted to said premises by Lessee, Lessee will pay to the Lessor upon demand such sum as shall be necessary to restore said premises to their present condition. The Lessee hereby assumes full responsibility for the ‘character, acts and‘conduct of all persons admitted) to said ‘premises by or with the consent of any person acting for or in behalf of said Lessee, and said Lessee agrees to have on hand at all time sufficient police force to maintain order and protect persons and property. The Lessor assumes no liability for injury of any nature to persons or property received in or about said building and premises and the Lessee coven- ants and agrees to make no claim against the Lessor for damages for such injuries, and agrees to indemnify and hold harmless the Lessor against any claim for damages of such character, either to the Lessee or to any. employees or to other. persons including patrons or, guests of the Lessee. _..-.5..,That.said Lessee shall not assign. this lease nor suffer, any use.ofthe said premises other than that herein specified, nor let nor underlet the same, nor suffer any article to be brought into or act_done on said premises which vitiate or increase the premiums on the policy or policies of insurance held by the Lessor on its building, of which said premises are a part. . 6. That'the Advisory Board of the Municipal Auditorium and the Municipal Auditorium Director and anyone who shall present from them or him in writing a proper statement that that person is to be admitted, shall’ haveat°all times’ free ‘access ‘to ‘said premises’ for the purpose of making necessary inspections or attend to any other matter which is usual and customary in the managing and regulating of said building. Further, that the Advisory Board of the Municipal Auditorium, through the Director of the Municipal Auditorium, shall have the right to select from the entire list of boxes, four boxes, if the performance, exhibition or display is given in the arena’ of the Municipal Auditorium, and if given anywhere else in the Municipal Auditorium, then the Advisory Board of the Municipal Auditorium, through the Director of the Auditorium, shall have the right to select from the entire list of available seats “ number of seats of his own choice, all said boxes and seats being provided to said: Director for each and every performance, exhibition or display given, without cost.or other remuneration. 7 NuTy | 7. That the keys and.other locking devices shall at.all times be in the possession and control of the Lessor. "8. Said Lessee agrees to abide by and conform to all rules and regulations from time to time adopted by or prescribed by the Lessor, for the government and management of said building; to take the proper care of the demised premises during said term; to quit and surrender up said demised premises to the Lessor at the end of said term in the same condition.as at the.date of the. commencement of this contract and lease, ordinary use and wear thereof, only excepted. The Lessee hereby acknowledges and recognizes that certain t 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 Director of the Municipal Auditor- ium, 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 relett- ing 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 construed in any way to affect the obligation of the Lessee to pay the full amount of said rental in case said premises shail 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 unforseen occurrence, including strikes, lockouts, boycotts and civil insurrections, shall render the fulfillment of this lease by the Lessor impossible, then and thereupon this lease shall terminate; and in the event the term of this lease shall have begun prior to any such occurrence, the Lessee shall pay rental for said premises up to the number of hours as the unit of measuring at the rate _ herein specified;.and in the event of any such occurrence prior to the beginning of the term of this lease, then , this lease shall not become effective; and in either event, said Lessee hereby waives any claim, for damages - or compensation. because of any such termination. 11. That the Lessor and its employees, servants and agents shall not be responsible for any damage | or injury that may happen to the property of the Lessee, or to the property of the Lessee’s agents, servants and employees, or to property that may belong to any other person, including any of the general public that _ may attend said leased portion of the Auditorium, where said loss arises from theft, fire or any other circum- H stance, and said Lessee hereby expressly - ‘releases Lessor from said losses and agrees to indemnify it against ‘any and all claimis for such loss, damage or injury in cases both where the Lessee is the actor and in cases ‘where the Lessee has, in compliance with this contract and lease, entered into a sub-lease or sub-contract. “ 12. That the Lessor, through its Concessionaire, 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 Director of the Auditorium, i 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. | 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 accommodation and benefit of the Lessee, and that as to such receipts and funds the Lessor shall be responsible 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 Director 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. The Lessee hereby agrees that the Lessor has the unqualified right to cancel this contract and lease without refunding any money paid thereunder, or without any loss or detriment to said Lessor if the Lessee has misrepresented in any manner or in any degree the type or nature of the attraction to be held in said leased premises, if said misrepresentation in any manner influenced said Lessor in entering into this contract and lease, and said Lessee hereby agrees that said Lessor is the sole judge, through its duly appointed agent, the Director of the Auditorium, of whether or not the said misrepresentation did so influence it in entering into said contract and lease; further said Lessee assumes the duty of disclosing to said Lessor whether or not the attraction to be held in said leased premises is in any manner or means of a political nature, and failure to so disclose makes this contract and lease voidable at the election of the Lessor. 16. 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 for- mer 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 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 respectively, 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, represented in this contract by its Auditorium Director, has caused this contract to be signed by its Auditorium Director, for and on behalf of Kansas City, Missouri, and the Lessee has signed the same in duplicate the day and year first above written. Municipal Audit This contract is subject to clause # 17. ..University..of..Kansas. Basketball Coach........ which is on the back of this contract. : By. eg35 - Smarr --edh--- Le -- PE . Sp NG --PAD AG ETRUOIE Party of the Second Part. January 30, 19136 t < in t a BASKETBALL GAMES Arena 17e The parties hereto being cognizant that the United States is saat Fg akg lean war emergency exists and that demands have,,been made by the Unite Pg ay City, end its me poe ees pera other ates may ‘i os future be made, therefore, amdersiood.s be tapendiney penadepy hana tee dinetodny teararen’ oe ited States eee ged any 4 Ee ent or es thereof, desires to lease or use any part of the Municipal Auditorium Building dias tee radu this. lease, then this lease may be immediately cancelled by the less thereof; and furthermore the lessor also reserves ‘ right Coches e dates herein specified at lessor's discretion, and the lessee. hereby waives any claim he may have or which might arise by reasoniof such ican or change of dates. 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