Programming Quality and Control Sample Clauses

Programming Quality and Control. The following provisions shall govern and control the programming quality and control of Events to be held, conducted or presented at the Facility: (a) Pavilion shall, throughout the Term of this Agreement, submit to Owner, at the earliest possible date, but no later than February 15 of each calendar year, a comprehensive list ("List") of potential Artists to be featured at T & P Events for the upcoming Season. No later than fifteen (15) days after submission of such List, the Board shall designate which, if any, of such Artists listed thereon are unacceptable to Owner. If Owner fails to provide notice to Pavilion within such fifteen (15) day period, then all Artists on such List shall be deemed to be acceptable to Owner. (b) Attached hereto as Exhibit "B" Is a list of potential Artists which Pavilion and Owner hereby agree constitute mutually acceptable Artists to perform at T & P Events. (c) For purposes of establishing a standard for the quality of programming or selection of specific Artists which may appear at the Facility, it is hereby agreed and acknowledged that the type of programming used at both the Concord Amphitheater in Concord, California and the Blossom Music Center in Cleveland, Ohio shall serve as an initial standard and guideline for the quality of programming of Events to be presented and produced at the Facility. However, in the event that specific Artists which have actually performed at either the Concord Amphitheater or the Blossom Music Center are disapproved by Owner, the judgment of Owner shall be final, so long as such disapproval is not arbitrary and capricious but can be tied to an objective and consistent standard of quality control. It is understood and agreed by Pavilion that Owner does not intend to allow any Artist to appear at the Facility which would use, as a customary part of his performance, profane or immoral language, dress or behavior or which would cause or create unruly behavior by the patrons or in general not be consistent with the reputation of The Woodlands community. (d) If Pavilion so desires, it shall have the right to appeal any decision of Owner to reject a particular Artist by presenting additional information as it deems necessary to the Board for review. Upon any such appeal, the Board must respond within five (5) business days after receiving such information with its final decision. If Pavilion so requests, Pavilion shall have the right to have a face to face meeting with the Board as a part of suc...