DOC1751931867.pdf

Procure-to-Pay

3835 Holdrege Street | Lincoln, NE 68583-0742 | 402.472.2126 nebraska.edu/p2p

University of Nebraska Contract Summary

CONTRACTOR/COMPANY INFORMATION

Supplier OMAHA CONSERVATORY OF MUSIC Contact Kyle Petersen

Sourcing Agent Melody Stark Email kylepetersen@omahacm.org

REQUESTING DEPARTMENT

Participating Campuses

UNMC

Administrative Unit/Dept.

Department Contact Mariza Hoffman

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

12.19.2025 UNMC College of Graduate Studies Rental agreement.

Contract Document Document Amt Total Amt Start Date End Date Notes

CW 37312 $2,087 $2,087 12/19/2025 12/19/2025

COMPETITION/BID INFORMATION

Bid Number

Competition Under $50k

Contract Information

INTERNAL USE ONLY

Contract ID CW 37312

Title: Legal and Policy Compliance Addendum Revised: 160425

University of Nebraska Legal and Policy Compliance Addendum

This University of Nebraska Legal and Policy Compliance Addendum (the “Addendum”) to the room rental dated concurrently with this Addendum (the “Agreement”) is effective as of the date of the last signature set forth below between the Board of Regents of the University of Nebraska a public body corporate and governing body of the University of Nebraska (“University”), which is composed of a chief governing administrative unit (University of Nebraska System), four universities (University of Nebraska at Kearney, University of Nebraska-Lincoln, University of Nebraska Medical Center, and University of Nebraska at

Omaha), and such other institutions and units as may be designated by the Nebraska Legislature, and

OMAHA CONSERVATORY OF MUSIC](“Supplier”).

RECITALS

A. University desires to enter the Agreement with Supplier.

B. The Agreement is in the form provided by Supplier, which the parties are using for their mutual convenience.

C. The Agreement is, with the exceptions noted in this Addendum, acceptable to University.

D. Certain provisions in the Agreement cannot be accepted or are required in the Agreement by

University as a matter of law and policy of the State of Nebraska and University.

E. Supplier is willing to modify the Agreement as set forth in this Addendum.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants set forth in the Agreement and herein and the above recitals, which are incorporated herein by this reference, the parties agree as follows:

1. Incorporation and Priority of Terms. The Agreement is amended as stated herein and this

Addendum is incorporated into the Agreement by this reference. In the event of a conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall prevail.

2. Assignment. The Agreement is non-assignable and non-transferrable unless agreed to in writing by the parties. Any attempt by either party to assign its rights or obligations hereunder without the written agreement of the other party shall be void.

3. Governing Law and Forum. The Agreement shall be governed by the laws of the State of

Nebraska without giving effect to its conflicts of law provisions. Any legal actions brought by either party hereunder shall be in the state courts located in Lancaster County, Nebraska. Any legal action by Supplier in relation to the Agreement shall be instituted in accordance with the provisions of the Nebraska State

Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306).

4. Liability. To the fullest extent allowed by law, Supplier shall defend, indemnify, and hold harmless

University, its regents, officers, employees, agents, and students for any loss, claim, damage, expense, or liability of any kind arising out of or in connection with the acts or omissions of Supplier and its officers, employees, agents, and subcontractors under the Agreement.

5. Work Status Verification. Supplier and its subcontractors shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska pursuant to Neb. Rev. Stat. §§ 4-108 to 4-114.

6. Taxes and Fees. University is generally exempt from payment of state sales and use taxes and local occupation taxes within the State of Nebraska. University will furnish exemption certificates upon written request by Supplier. If Supplier is required to pay any taxes from which University is exempt as a result of doing business with University, Supplier shall be solely responsible for the payment of those taxes.

Revised: 160425

If a tariff is imposed on any Deliverables provided under this Agreement, each party shall pay an equal share of the costs of such tariff.

7. Debarment List. Supplier certifies and warrants that it has not been debarred, suspended, or declared ineligible as defined in the Federal Acquisition Regulation 48 CFR Ch.1 Subpart 9.4. Supplier also certifies that Supplier, its partners, directors, officers, employees, licensees, subcontractors, or agents have not been excluded or debarred or otherwise become ineligible to participate in federal health care programs pursuant to 42 USC § 1320a-7. The certification and warranty set forth in this section shall be an ongoing certification and warranty during the term of the Agreement, and Supplier shall immediately notify University of any change in the status of the certification and warranty set forth in this section. If Supplier becomes excluded from federal health care program participation or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors, the Agreement may be terminated immediately, for cause, by

University. If any partners, directors, officers, employees, licensees, subcontractors, personnel, or agents of Supplier become excluded from federal health care program participation, such individual shall be removed from participating in the Agreement immediately. Failure by Supplier to remove such excluded individual immediately shall provide University the right to terminate the Agreement immediately for cause.

8. Taxpayer Transparency Act. Under Neb. Rev. Stat. §§ 84-602.01 to 84-602.04, University is required to provide the Nebraska Department of Administrative Services with a copy of each contract that is a basis for an expenditure of state funds, including any amendments and documents incorporated by reference in the contract. Copies of all such contracts and documents will be published by the Nebraska

Department of Administrative Services at https://statecontracts.nebraska.gov/. It shall be the sole responsibility of Supplier (a) to notify University of any requested redactions to the Agreement, any amendment to the Agreement, and any document incorporated by reference into the Agreement and (b) to indicate the legal basis for such requested redactions at the time of execution thereof. In addition, Supplier shall defend any challenge to such redactions at its own expense. Supplier’s failure to request redactions to any contracts or documents released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

9. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to University regarding, related to, or part of the Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with University’s interpretation and application of applicable law. It shall be the sole responsibility of Supplier (a) to notify University of requested redactions to any such information or records that may otherwise be required to be open to public inspection and copying and (b) to indicate the legal basis for such requested redactions. In addition, Supplier shall defend any challenge to such requested redactions at its own expense. Supplier’s failure to request redactions to any information or records released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.

10. Federal Funding Compliance. If the Agreement involves federal funds, (a) Supplier’s compliance in all respects with all applicable federal anti-discrimination laws is material to Supplier’s performance under the Agreement; (b) Supplier certifies that it does not operate any programs promoting diversity, equity, and inclusion that violate such laws; and (c) Supplier’s failure to comply with such laws shall be considered a material breach of the Agreement.

If the Agreement is for $15,000 or more and involves federal funds, then Supplier shall comply with 41 CFR

§§ 60-300.5(a) and 60-741.5(a), which are incorporated herein by this reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and require action to employ and advance in employment individuals without regard to disability or veteran status.

If Supplier has fifty (50) or more employees and the Agreement involves payment of $50,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐

741, subpart C. If Supplier has fifty (50) or more employees and the Agreement involves payment of https://statecontracts.nebraska.gov/

Revised: 160425

$150,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐300, subpart C. To the extend any of the provisions of Appendix II to 2 CFR Part

200 apply to the Agreement, such provisions are incorporated herein by this reference and apply to Supplier as a “contractor,” “recipient,” or “subrecipient.”

11. Nondiscrimination. Neither Supplier nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of the Agreement, with respect to hire, tenure, terms, conditions, or privilege of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant in accordance with the Nebraska Fair Employment

Practice Act (Neb. Rev. Stat. §§ 48-1101 to 48-1125).

12. Logos or University Marks. Supplier shall not use or display any University campus name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by University as a source identifier, unless expressly authorized in writing by University. Any unauthorized use of University Marks is expressly prohibited. Supplier shall not use University’s name in any manner that acts as an endorsement or is an appearance of any endorsement in any promotion, advertisement, solicitation, or other communication, especially as it relates to Supplier’s business.

13. Right to Audit Privilege. University reserves the right to audit or inspect work performed by

Supplier under the Agreement. University may participate directly or through an appointed representative in order to verify that the services related to the Agreement have been performed in accordance with the procedures indicated.

14. Purchase Order Requirement. A purchase order shall be issued by University to Supplier for payment in accordance with the terms of the Agreement. All invoice(s) submitted by Supplier shall make reference to the appropriate purchase order number to be eligible for payment.

15. Conflict of Interest. Supplier certifies, to the best of its knowledge and belief, that (a) there is no unresolved actual or potential conflict of interest related to the Agreement and (b), if Supplier is a University employee, immediate family member of a University employee, or business associated with a University employee and the Agreement is valued at $2,000 or more, Supplier has, prior to execution of the

Agreement, provided written notification to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, of Supplier’s status as, relation to, or association with a

University employee and of the Agreement. If an actual or potential conflict of interest related to the

Agreement arises during the Term, Supplier shall provide to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, a written disclosure statement that describes all relevant information concerning the actual or potential conflict of interest. If the actual or potential conflict of interest cannot be resolved or University determines Supplier’s certification set forth in this section is false, University may declare the Agreement void and of no further force or effect and

University shall have no further obligations under the Agreement.

16. Compliance. Supplier and its employees and agents will comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority, as well as applicable

University policies.

17. Insurance. Supplier shall at its own expense obtain and maintain throughout the term of the

Agreement general commercial liability insurance against claims for bodily injury, death, and property damage with limits of not less than $1,000,000.00 per occurrence, and $3,000,000.00 general aggregate to cover such liability caused by, or arising out of, activities of Supplier and its agents and/or employees while engaged in or preparing for the provision of the goods or services provided under the Agreement. If the goods or services include providing technology services, software, or support, Supplier shall obtain and maintain cyber liability insurance coverage of not less than $10,000,000.00 per occurrence and in the aggregate to cover such liability resulting or arising from acts, errors, or omissions in rendering such

Revised: 160425 technology services, software, or support. Upon request by University, Supplier shall furnish to University certificates of insurance evidencing such insurance is effective prior to commencement of work under the

Agreement. By requiring such minimum insurance, University shall not be deemed or construed to have assessed the risk or limited the liability that may be applicable to Supplier under the Agreement. Supplier shall assess its own risks and, if it deems appropriate, maintain higher limits or broader coverages. Supplier shall, upon request, include University as an additional insured on its general liability insurance policy on a primary and non-contributory basis. Supplier is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

18. Notice. Any notice required or permitted to be given under the Agreement shall be in writing, sent via certified mail or hand delivery, effective when received, and delivered to the addresses provided on the signature page of this Addendum.

19. Unavailability of Funding. Due to possible future reductions in state and/or federal funds, University cannot guarantee the continued availability of funding of the Agreement notwithstanding the consideration contained within the Agreement. In the event funds to finance the Agreement become unavailable, either in full or in part, due to such reductions, University may terminate the Agreement or reduce the consideration upon notice in writing to Supplier. Said notice shall be delivered by certified mail

(return receipt requested) or in person (with proof of delivery). University shall be the final authority as to the availability of funds. The effective date of such termination or reduction in consideration shall be the actual effective date of the elimination or reduction of funding. In the event of a reduction in consideration, Supplier may cancel the Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to University. Supplier shall be entitled to receive just and equitable compensation for any satisfactory work performed up to the effective date of the termination. In the event of unavailability of funding, University shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential, or other damages resulting therefrom.

20. No Personal Liability. In no event shall any regent, official, officer, employee, agent, or student of

University be personally liable or responsible for any representation, statement, covenant, warranty, or obligation contained in, or made in connection with, the Agreement, express or implied.

21. Foreign Adversary Certification. The terms in this section defined in Neb. Rev. Stat. § 73-903 shall have the meaning defined therein. If the Agreement is for a technology-related product or service and no exception set forth in Neb. Rev. Stat. § 73-906(2) applies, Supplier certifies that it is not a scrutinized company, it will not subcontract with any scrutinized company for any aspect of performance of the

Agreement, and any products or services provided under the Agreement do not originate with a scrutinized company. The certification set forth in this section shall be an ongoing certification during the term of the

Agreement and Supplier shall immediately notify University of any change in the status of the certification set forth in this section.

22. Unenforceability of Certain Terms. For the purposes of this section, “University” expressly includes any University employee acting in the course and scope of employment. Notwithstanding any provision of the Agreement to the contrary, any of the following terms within the Agreement shall have no effect and shall not be enforceable:

a. Any term making the Agreement period perpetual, providing for unlimited renewals of the

Agreement, or automatically continuing the Agreement period from term to term;

b. Any term requiring or stating that the terms of the Agreement shall prevail over the terms of this

Addendum in the event of conflict;

c. Any term requiring University to indemnify or to hold harmless Supplier or any third party for any act or omission;

Revised: 160425

d. Any term imposing interest charges contrary to those allowed by Neb. Rev. Stat. § 81-2404;

e. Any term requiring the application of the law of any state other than the State of Nebraska in interpreting or enforcing the Agreement or requiring or permitting that any dispute under the Agreement be resolved in courts other than the courts of the State of Nebraska;

f. Any term limiting the time period within which claims can be made or actions can be brought;

g. Any term waiving the sovereign immunity of the State of Nebraska;

h. Any term limiting Supplier’s or any third party’s liability for damages to University for any cause whatsoever related to: (i) intellectual property indemnity required by the Agreement; (ii) liquidated damages assessed under the Agreement; (iii) claims for personal injury, including death; (iv) claims for damage to real property or tangible or intangible property arising from Supplier’s acts or omissions under the

Agreement; (v) any loss or claim to the extent the loss or claim is covered by a policy of insurance maintained, or required by this Addendum or the Agreement to be maintained, by Supplier; (vi) damages arising from the gross negligence or willful misconduct of Supplier, its employees, its subcontractors, or its agents; and (vii) damages arising from Supplier’s breach of data security or confidentiality obligations under the Agreement;

i. Any term permitting unilateral modification of the Agreement by Supplier or any third party;

j. Any term obligating University to pay attorneys’ fees;

k. Any term requiring the confidentiality of records in contravention of the Nebraska public records statutes, Neb. Rev. Stat. §§ 84-712 to 84-712.09;

l. Any term binding University to any method of resolution of disputes under the Agreement not instituted in accordance with the provisions of Neb. Rev. Stat. §§ 81-8,302 to 81-8,306;

m. Any term requiring University to endorse or perform any act that may be perceived as an endorsement of a commercial good or service, Supplier, or any third party;

n. Any term requiring University to waive its rights to a jury trial or to participate in a class action; or

o. Any term granting Supplier or any third party a security interest in property of University.

[Signature page to follow]

Revised: 160425

IN WITNESS WHEREOF, the parties have entered into this Addendum as of the date set forth below.

Board of Regents of the University of Nebraska

Signature:

Printed Name:

Date:

Title:

Supplier

Signature:

Printed Name:

Date:

Title:

Notices to University shall be sent to:

Notices to Supplier shall be sent to:

With copy to:

Legal Notices C/O P2P Procurement Contracts 1700 Y Street, BSC 125 Lincoln, NE 68588-0645

With copy to (optional):

4890-8857-9324, v. 15

Facilities Manager

Kyle Petersen

10/09/25 | 07:53 PDT10/09/25 | 12:32 CDT

Michael Hrncirik

Assistant Vice Chancellor for Business F

OMAHA CONSERVATORY OF MUSIC

FACILITIES RENTAL AGREEMENT

(TERM)

This FACILITIES RENTAL AGREEMENT (Term) (this “Agreement”) is entered into on _________________ by and between Board of Regents of the University of Nebraska, a public body corporate for and on behalf of the

University of Nebraska Medical Center (“UNMC”), UNMC College of Graduate Studies (hereafter referred to as

“User”) and the OMAHA CONSERVATORY OF MUSIC (“Conservatory”) outlines the terms and conditions for

User’s use and rental of certain portions of the Conservatory building (the “Building”) located at 7023 Cass

Street, which portion is identified more particularly below.

1. Rental Area. The Conservatory grants User the non-exclusive right to use the following area(s) of the

Building, hereinafter defined as User’s “Rental Area”:

● Simon Concert Hall - Ceremony

● Smith Recital Hall - Reception

● Rm 112 - Dressing Room

● Rm 114 - Dressing Room

● Green Room - Overflow Room

User acknowledges and agrees that the Conservatory shall have access to the Rental Area during the Term and the Conservatory shall have the right to allow the Conservatory staff, faculty, students and other members of the public to use the Rental Area during the Term; provided, however, that except for emergencies or with prior notice to the User, the User shall have the exclusive use of the Rental Area during User’s scheduled times as set forth in Section 2 below. The Conservatory shall have the right to store equipment, furniture and other materials in the Rental Area and User agrees not to disturb, damage or use such Conservatory equipment, furniture and other materials without the prior written consent of the Conservatory.

User also acknowledges that other uses and events within the Building will be on-going at all times. User will ensure that User’s use of the Rental Area will not unreasonably interfere with other uses of the Building.

2. Rental Term and Schedule. The initial term (the “Term”) of this Agreement shall be one (1) day. During the Term, the Conservatory grants User the right to access and use the Rental Area on the following schedule:

● Friday, December 19th, 2025 from 8am to 2pm

Parking: User’s use of the Rental Area includes use of the Building’s parking areas; provided, however, the Conservatory reserves the right to control or limit the number of parking spaces available to User with prior notice to User depending on other use of the Building at any time.

Other Areas. User’s use of the Rental Area includes use of certain “common areas” of the Building, such as bathrooms, sidewalks and access areas; provided, however, the Conservatory reserves the right to control or limit the common areas available to User with prior notice to User depending on other use of the Building at any time.

Force Majeure: In the event the Building or Rental Area is not available due to construction, other conditions beyond the control of the Conservatory or special events at the Conservatory, the Conservatory will notify User in advance and will return a pro rata portion of the Rental Fee for such period of time during which the Rental Area was not available.

Building Closings. The Conservatory reserves the right to close the Building in the event of inclement weather and shall be closed in the event the Omaha Public Schools are closed due to weather conditions.

3. Rental Purpose: User’s rights to use the Rental Area are for the following purpose: Convocation Ceremony

User accepts the Rental Area in its “AS IS” condition for the rental term.

4. Maximum Users of Rental Area. Consistent with and in connection with User’s permitted use of the

Rental Area as specified in Section 3 above, User’s students, teachers and audience members will access the

Rental Area during User’s use of the Rental Area. User will ensure that all students, teachers, audience members and other attendees use the Rental Area consistent with the terms and conditions of this Agreement and any rules and regulations of the Conservatory. The maximum number of allowable attendees permitted at any one time in the Rental Area is 500. Please see local COVID-19 guidelines as updated.

5. Rental Fee: In consideration of the Conservatory granting User the right to use the Rental Area pursuant to this Agreement, User shall pay the Conservatory rental fee of $2,087.00. This fee shall include the following Conservatory personnel and equipment;

● Personnel on site to assist with stage set-up. Only Conservatory staff will be allowed in storage rooms and to move Conservatory owned equipment from storage rooms to the stage. The User is expected to set the stage to their preferences.

● Personnel for moving Conservatory owned pianos. User personnel may assist, but are not allowed to move the Conservatory owned pianos on their own.

● On the day of the event the following will be provided;

○ Up to 4 wireless microphones and microphone stands as required or requested by the

User.

○ One Conservatory Event Captain to act as a full liaison between the User and the

Conservatory to assist in all stage manager and technical needs of the User and to act as a liaison between the User and any other Conservatory staff assigned to the event.

This excludes any recording fees, which has additional fees.

○ Use of the projector and technician to operate all audio and visual equipment.

○ Use of the podium and podium microphone

○ (13) Black folding tables in Smith Recital Hall for reception as requested

○ Chairs in Smith Recital Hall as requested

○ Additional trash cans w/ trash bags in Smith Recital Hall for reception

○ (1 ea.) trash can with trash bags in rooms 112 and 114

○ Music stands for signage as needed

In the event the User occupies the Rental Area for longer than the Rental Period stated above, additional charges shall be incurred at the applicable room(s) rate per hour and User’s credit card on file will be charged and/or billed to the address provided.

Payments should be remitted to:

Omaha Conservatory of Music 7023 Cass Street Omaha NE 68132

6. Liability: The Conservatory is not responsible for the loss or damage of merchandise, persona l property and/or equipment brought onto the Rental Area by the User or attendees.

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. You voluntarily assume all risks related to exposure to COVID-19

7. Music Stands And Other Equipment; Event Conduct; Advertising: Except upon payment by User of an additional equipment rental fee, the Conservatory shall not provide musical instruments (with the exception of timpani, piano, and harp), amplifiers, musical reproduction equipment, audio/visual equipment or technical support for User’s use. If a performance hall is part of the Rental Area, the Conservatory will permit User to use the piano in the performance hall but User will be responsible for a charge to have the piano tuned, at the rate of $150. User shall be solely responsible for any damage to the piano. The rental schedule set forth in Section 2 above should include proper communication to Conservatory facilities staff to inform them when the piano is needed and when it will need to be moved. The Conservatory is not responsible for advertising User’s services.

Any use of the Conservatory’s name or logo in any advertising material shall be done only with the prior review and consent of the Conservatory. User is responsible for ensuring that all sheet music, performance materials and the performance, reproduction, broadcasting or other distribution of any performance is performed and completed in compliance with all applicable Federal, state or local laws, rules and regulations, including, without limitation, copyright and other intellectual property protections. User shall be responsible for obtaining and complying with all licenses and permissions with respect to any medium.

8. Percussion Equipment; Pianos; Conservatory Owned Musical Instruments: The Conservatory maintains pianos and percussion equipment for Conservatory use. The use of the equipment and instruments is allowed as part of a rental. Any use will need to be stipulated prior to the execution of the agreement. The Conservatory will provide stage hands to help move equipment and ensure proper use of the equipment. The user is responsible for ensuring that the equipment is not damaged. Any damage must be reported immediately. The user is responsible for any repairs or the cost of replacement.

9. User Responsibility for Rental Area; Secure Facility: Not in limitation of Section 6 above, User accepts full responsibility for any damages that may occur to the Building, landscaping, equipment, musical instruments, furniture and fixtures in the Rental Area and the User shall be responsible for leaving the Rental Area in a clean and maintained condition. Should the Building be damaged or equipment, furniture or other Conservatory property be damaged or lost during or as the result of User’s use of the Rental Area, the User agrees to a minimum fee of $100 or actual damages, whichever is greater, that will be charged to the credit card on file and/or billed to User at the address provided. The User is responsible for all damage caused to the Building as a consequence of its actions, inactions and/or negligence or actions, inactions and/or negligence of its guest, invitees, caterers, servers and servicers of the occasion and all damage may be assessed to the User. In addition:

● No food or beverage will be allowed on the Simon Concert Hall stage, with the exception of water in a sealed container. Any spills will be reported immediately to the Conservatory facility personnel or the Event Captain.

● All trash should be properly disposed of in the trash receptacles provided in all rooms and restrooms.

● All items brought by the User must be removed from all rooms and bathrooms. All items left behind are not the responsibility of the Conservatory and the Conservatory reserves the right to donate, use or dispose of unclaimed items.

● Signage is strictly prohibited without the prior written consent of the Conservatory. No glue, nails, screws, staples, hooks, hangers, suction cups or tape of any type on walls, floors, ceiling or tables are permitted without prior permission.

● All doors should remain closed at all times to avoid excessive noise disturbances to adjoining tenants and to insure proper heating/air conditioning of the facility.

Keys and Security. User shall follow and comply with all rules and procedures for maintaining the security of the Building and the Rental Area.

10. Compliance With Laws; Prohibited Substances: User agrees not to use the Rental Area in violation of applicable law. Smoking is not permitted within the Building and smoking outside the Building must be done more than 45 feet from any door or window. Use of alcohol or other controlled substances is strictly prohibited.

Alcohol will be allowed during the Gala or other events, so long as User subcontracts all alcohol sales to a licensed vendor who will display their license during the entirety of the event.

11. Food and Beverages. Food and beverages are permitted within the Rental Area with prior notification to the Conservatory and their representative. No food or beverage will be allowed on the Simon Concert Hall stage, with the exception of water in a sealed container. In the event User desires to serve food or beverages for a special event (concert, recital, etc.), User should contact their Conservatory representative for an event-specific agreement regarding catering services. The Conservatory maintains an exclusivity agreement for food and beverage with The Gig for all service on Conservatory property. If The Gig declines to service the event the User may contract other outside licensed catering vendors.

12. Waiver: The failure of the Conservatory to insist on compliance with any of the terms of this Agreement shall not be deemed a waiver of that term or condition.

13. Building Rules and Regulations. User shall be responsible for compliance with any and all Building rules and regulations.

14. Omaha Conservatory of Music Status. User acknowledges the Omaha Conservatory of Music is recognized as a tax-exempt 501(c)(3) organization and User shall take no action to jeopardize such status.

15. No Agents. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between the Conservatory and User, and no provision contained in this Lease or any acts of the parties hereto shall be deemed to create any relationship between the Conservatory and User other than the relationship of a licensor and licensee.

IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seal to this Agreement the day and year first above written.

OMAHA CONSERVATORY OF MUSIC

By

Name

Title

OCM Representative for On-Going Administration of this Agreement:

USER

By

Name

Title:

User Representative for On-Going Administration of this Agreement:

Phone:

Kyle Petersen

Facilities Manager

10/09/25 | 07:53 PDT

Michael Hrncirik

10/09/25 | 12:32 CDT

Assistant Vice Chancellor for Business F

Certificate Of Completion Envelope Id: 49DF4280-0211-4B6B-AE65-329DCC6E5008 Status: Completed

Subject: CW37316 - Omaha Conservatory of Music UNMC Dec 2025

Source Envelope:

Document Pages: 13 Signatures: 6 Envelope Originator:

Certificate Pages: 5 Initials: 0 Melody Stark

AutoNav: Enabled

EnvelopeId Stamping: Disabled

Time Zone: (UTC-08:00) Pacific Time (US & Canada)

1400 R Street

LINCOLN, NE 68588

melody.stark@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

10/1/2025 9:30:48 AM

Holder: Melody Stark melody.stark@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Kyle Petersen kylepetersen@omahacm.org

Facilities Manager

Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device

Using IP Address: 24.72.219.4

Sent: 10/1/2025 9:33:39 AM

Resent: 10/9/2025 9:20:18 AM

Viewed: 10/9/2025 9:53:26 AM

Signed: 10/9/2025 9:53:57 AM

Electronic Record and Signature Disclosure:

Accepted: 10/1/2025 10:09:21 AM ID: 2fee69cc-c73d-4df3-b208-3f6ef0f32920

Michael Hrncirik mhrncirik@unmc.edu

Assistant Vice Chancellor for Business F

University of Nebraska Medical Center

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 192.94.102.0

Sent: 10/9/2025 9:53:59 AM

Viewed: 10/9/2025 12:28:05 PM

Signed: 10/9/2025 12:32:29 PM

Electronic Record and Signature Disclosure:

Accepted: 10/9/2025 12:28:05 PM ID: 33e34622-d9ae-4f89-95f5-cf09e3ce6720

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp Mariza Hoffman

Mariza.Hoffman@unmc.edu

Security Level: Email, Account Authentication (None)

Sent: 10/1/2025 9:33:38 AM

Viewed: 10/1/2025 9:39:34 AM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Carbon Copy Events Status Timestamp Melody Stark melody.stark@nebraska.edu

Sourcing Agent

University of Nebraska

Security Level: Email, Account Authentication (None)

Sent: 10/9/2025 12:32:31 PM

Resent: 10/9/2025 12:32:33 PM

Viewed: 10/9/2025 1:18:26 PM

Electronic Record and Signature Disclosure:

Accepted: 11/13/2023 10:42:36 AM ID: f6be8008-ef45-4d6e-b4e3-5c6f95447db3

Mariza Hoffman

Mariza.Hoffman@unmc.edu

Security Level: Email, Account Authentication (None)

Sent: 10/9/2025 12:32:31 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/1/2025 9:33:38 AM

Envelope Updated Security Checked 10/9/2025 9:20:11 AM

Envelope Updated Security Checked 10/9/2025 9:20:11 AM

Envelope Updated Security Checked 10/9/2025 9:20:11 AM

Envelope Updated Security Checked 10/9/2025 9:20:11 AM

Certified Delivered Security Checked 10/9/2025 12:28:05 PM

Signing Complete Security Checked 10/9/2025 12:32:29 PM

Completed Security Checked 10/9/2025 12:32:31 PM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, NU Contracts+Ariba (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature

Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time

(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a

$0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

Electronic Record and Signature Disclosure created on: 5/16/2023 6:53:28 PM Parties agreed to: Kyle Petersen, Michael Hrncirik, Melody Stark

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given

us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact NU Contracts+Ariba:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: richard.horner@nebraska.edu

To advise NU Contracts+Ariba of your new email address

To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at richard.horner@nebraska.edu and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from NU Contracts+Ariba

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to richard.horner@nebraska.edu and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with NU Contracts+Ariba

To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;

ii. send us an email to richard.horner@nebraska.edu and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software

The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:

You can access and read this Electronic Record and Signature Disclosure; and

You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and

Until or unless you notify NU Contracts+Ariba as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by NU Contracts+Ariba during the course of your relationship with NU

Contracts+Ariba.

https://support.docusign.com/guides/signer-guide-signing-system-requirements https://support.docusign.com/guides/signer-guide-signing-system-requirements