DOC1919140764.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 UNO Baxter Arena Contact Mike Smith

Sourcing Agent Melody Stark Email mikesmith@unomaha.edu

REQUESTING DEPARTMENT

Participating Campuses

UNMC

Administrative Unit/Dept.

Department Contact Tammy Post

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Rental and use agreement between UNMC and Baxter Arena for December 2025 Commencement.

Contract Document Document Amt Total Amt Start Date End Date Notes

CW 39471 $13,000 12/19/2025 12/19/2025

COMPETITION/BID INFORMATION

Bid Number

Competition Under $50k

Contract Information

INTERNAL USE ONLY

Contract ID CW 39471

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 Event Space

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 UNO Baxter Arena(“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

Sr. Associate AD

Michael Smith mikesmith@unomaha.edu

Michael Smith

12/05/25 | 10:01 CST

Michael Hrncirik

Assistant Vice Chancellor for Business F

12/08/25 | 09:35 CST

mhrncirik@unmc.eduMichael Hrncirik

TE

R

M S

H E E

T TERM SHEET_______________________________________

Event Name: UNMC December Commencement

Date of Event: Friday, December 19, 2025

Location(s) of Event:

Main Arena ☒

Concourse ☒

Club Lounge ☒

Press Level ☒

Blue Line Club ☒

Visiting LR 156 ☐

Media Hospitality LR 162 ☒

Holland Ice ☒

Parking Lot 21 ☒

Parking Lot 22 ☒

Parking Lot 23 ☒

Parking Lot 24 ☒

Parking Lot 25 ☒

Parking Lot 26 ☒

Parking Lot 27 ☒

Client Name (Licensee): UNMC

Contact Name: Brooke Huntsmann

Address: University of Nebraska Medical Center

Williams Science Hall 2.0.019

City: Omaha

State: Nebraska

Zip: 68198-4250

Email: bhuntsmann@unmc.edu

Phone: 402-552-3415

Type of Event:

Breakfast ☐

Concert ☐

Conference ☐

Dinner ☐

Expo ☐

Family Show ☐

Graduation ☒

Luncheon ☐

Maintenance ☐

Meeting ☐

Practice ☐

Special Event ☐

Sporting Event ☐

Tour ☐

Unspecified ☐

M S

H E E

T TICKETING__________________________________________________________

Ticket Admission: N/A

Facility Fee: N/A

Consignment Fee: N/A

On-Sale Date Information: N/A

Complimentary Tickets: N/A

Club Seats: N/A

Suite Seats: N/A

RENTAL____________________________________________________________

Rental Rate: $13,000.00

RENTAL INCLUDES:

- Standard set-up and tear down

- Standard house lighting and sound, ventilation, heat, or air conditioning, as appropriate during the event

- Standard event and post event cleaning

- Tables, chairs, and pipe and drape*

- Stage*

- Complimentary parking is available in selected lots

- Complimentary Wi-Fi

- Event posted on Baxter Arena website and social media platforms.

- 30 Days prior to the event, the event will be advertised on Baxter Arena Monument Digital Sign and on Arena Box Office/Main Entrance/Concourse televisions.

RENTAL DOES NOT INLCUDE:

- Uniformed Police/Security

- Uniformed Traffic Police

- Parking Attendants

- Additional staffing requested by the Licensee.

- Overnight 24-Hour Security

- Emergency Medical Technicians (EMT’s)

- Stagehands

- Audio/Video needs include use of the video board, ribbon board, and athletic show lights.

- Projectionists

- Facility Fees

- Electrical consumption or connections more than standard house lighting

- Decorations including table clothes not provided by Savor…Omaha.

- Exhibitor services (electrical, water, data, etc.)

- Telephone and internet service

- Radio and television connections

- Special overtime labor requirements

- All auxiliary equipment or services required for the presentation of the event.

- Labor, rent and utilities more than four hours, based on event specifics and contract.

- Credit card fees

- Licenses and permits

- Additional Advertising

- Food and Beverage needs, including catering.

- Runner vehicles and gas

*Subject to in-house venue inventory

M S

H E E

T TIMES & ATTENDANCE________________________________________________

Load-In Time(s): Load-In will take place directly after UNO commencement. Load -In can start in Holland Ice and then transition to Main Arena.

Door Time(s) (Public): 6:00pm Event Start Time: 7:00pm Event End Times: 9:00pm Load-Out Time(s) (Removal): 9:00pm Estimated Attendance: TBD

FOOD & BEVERAGE___________________________________________________

Food and Beverage order need to be arranged with Legends Global.

Food and Beverage order must be submitted 20 days prior to the event.

Final Food and Beverage counts must be submitted 10 days prior to the event.

PARKING ______________________________________________________________

Premium lots may be sold for ticketed and non-ticketed events that are open to the public.

Guests may purchase parking in advance via Ticketmaster or at the premium lot(s) on event date.

Limited reserved parking will be complimentary to the Licensee (15 stalls).

INSURANCE_________________________________________________________

A comprehensive general liability insurance policy (no less than $1,000,000) will be required no later than 30 days prior to the event.

DEPOSIT____________________________________________________________

50% deposit due at signing of term sheet (Attention: Wendy Cross-Baxter Arena).

Term sheet must be signed within the first 30 days of receiving the document.

CANCELLATION POLICY________________________________________________

Except as stated otherwise herein, deposit will be withheld for cancellation of the event. If the event is cancelled 30 days prior to the event, the full amount will be charged- unless provided otherwise herein.

LATE FEES___________________________________________________________

If Licensee fails to pay the remaining balance 30 days after the event, Licensee shall pay to Baxter Arena a late fee of 5% per month on the unpaid balance.

ADDITIONAL EXPENSES________________________________________________

Additional expenses will be billed using the respective years’ pricing sheet.

Additional expenses will be billed 10 days after the event.

Uniformed Officers, Traffic, and EMT’s will be required for events at the sole discretion of Baxter Arena based on the nature of the event, attendance, and the needs of the client.

NOTES_____________________________________________________________

Flowers and other novelty items will be sold by The Commencement Group.

SIGNATURES________________________________________________________

IN WITNESS HEREOF, the University and Licensee have duly executed and delivered this Agreement as of the date first written above.

THE BOARD OF REGENTS OF THE UNIVERSITY OF

NEBRASKA

[LICENSEE]

By: ___________________________

Name: Donald Neal Jr.

Title: Assist. Vice Chancellor & Chief Financial Strategy Officer

Name: _________________________

Title: __________________________

RECOMMENDED BY

Name: Michael A. Smith

Title: Sr. Associate Athletic Director & General Manager – Omaha Athletics & Baxter Arena

12/05/25 | 10:01 CST

12/05/25 | 13:26 CST Michael Hrncirik

Michael Hrncirik

12/08/25 | 09:35 CST

Assistant Vice Chancellor for Business F

RULES AND REGULATIONS__________________________________________________

It is the responsibility of the University of Nebraska at Omaha, Omaha Athletics and Baxter Arena to operate the Facility in a sound business manner in an effort to maximize both social and economic benefit to the community, and financial stability of the facility.

Baxter Arena will promote, solicit, develop, and make reservations for any activity deemed appropriate to Baxter Arena’s objectives, and to qualify all activities requesting utilization of the facility. All specific policies, procedures, rules, and regulations will be conditioned on, and subject to, these overriding considerations. Baxter Arena reserves the right to add to, modify, delete, or otherwise change these policies and procedures at any given time. Baxter Arena will make these updated policies and procedures reasonably available and accessible. Baxter Arena shall provide a copy of updated policies and procedures to the Licensee. Licensees may obtain updated versions, upon request, at any time.

1. ALCOHOLIC BEVERAGES

a. Bringing alcoholic beverages into the Facility, and on the surrounding property, is prohibited other than through

Baxter Arena’s exclusive catering and concession operator, Savor…Omaha.

b. Baxter Arena reserves the right, at its sole discretion, to suspend alcoholic beverage sales at any time during a licensed event.

2. AMERICANS WITH DISABILITIES ACT

a. The Facility is a public facility subject to Title II of the Americans with Disabilities Act (ADA). The Facility is accessible to disabled patrons, as required by the ADA and applicable regulations.

b. The Licensee is responsible for making aisles, exhibits, displays, meetings, etc., accessible to qualified individuals with a disability attending the event with respect to setup, location of exhibits on the exhibit floor, paths of travel and other aspects of the event within the Licensee or one of the Licensee’s exhibitors’ controls.

c. The Licensee must include a notice in the Licensee’s event advertising, and/or publicity releases, stating that disabled patrons should notify the Licensee and Baxter Arena at least one week prior to the Licensee’s event should a reasonable accommodation be needed.

d. Baxter Arena will use its best efforts to assist the Licensee in identifying local providers of temporary auxiliary aids and services, although the Licensee will remain ultimately responsible for identifying and contracting with such providers.

e. If the Licensee fails to arrange for a reasonably requested temporary auxiliary aid or service, Baxter Arena management shall have the right, but not the obligation, to provide or arrange for such temporary auxiliary aid or service subject to the prior consent of the Licensee, and the Licensee must reimburse Baxter Arena the cost of providing and arranging for such temporary auxiliary aid or service as determined by Baxter Arena, subject to the prior approval of the Licensee.

3. ANIMALS OR PETS

a. Except for service animals and animals used as part of a Baxter Arena approved exhibit or activity, no animals or pets are permitted in the Facility.

b. Approved animals in the Facility must be on a leash, within a pen or under similar control. The Licensee assumes full responsibility for any approved animal.

4. AUDIO/VISUAL

Baxter Arena provides audio/visual for your audio/visual equipment and operator needs. Audio/visual equipment rates are available upon request.

5. CONCESSIONS AND CATERING

Baxter Arena’s recognized Catering and Concession Operator, Savor…Omaha, shall be the exclusive provider of food and beverage service in the Facility and on the surrounding property. Baxter Arena’s Catering and Concession Operator shall retain all revenues received. Any deviation from these exclusive services must be approved in writing by Baxter Arena management.

Food and beverage service includes, but is not limited to, the sale of beverages (alcoholic or otherwise) and food items.

The Licensee will not be allowed to sell, give away or distribute samples of any food or beverage items without written permission from the Catering and Concession Operator. Upon agreement of both parties, the Catering and Concession

Operator shall issue a Sample Food and Beverage Authorization Agreement.

No food or beverage will be allowed to be brought into the Facility by any individuals, including attendees, participants, exhibitors, or employees, subcontractors, or representatives of Licensee, without written permission from Baxter Arena.

6. ELEVATORS

a. All equipment shall be transported utilizing the freight elevator. The freight elevator is to be operated by Baxter

Arena or Savor…Omaha staff.

b. Under no circumstances are public passenger elevators to be used for transporting equipment or exhibit materials unless authorized by Baxter Arena management.

7. EQUIPMENT RENTAL

a. Rental Equipment and rates are available upon request.

b. All Baxter Arena equipment will be operated and set up by authorized Baxter Arena personnel.

c. Tables, chairs, risers, etc. more than rental agreement will be made available at applicable rates and inventory limits.

d. A labor charge will be assessed for any room or area changeover after the initial area setup.

8. EVENT PERSONNEL

a. All event personnel, such as show and services contractor staff, exhibitor appointed contractors, temporary help, exhibitors, and other workers affiliated with an event held within the Facility, must enter, and exit by way of the

“Staff/Media Entrance” or by way of the Baxter Arena designated “Dock Entrance”.

b. All event personnel working in the Facility must display Baxter Arena-approved identifying credentials or badge.

c. Restricted areas of the Facility labeled “Authorized Personnel Only” are restricted to all persons except those authorized by Baxter Arena.

d. Show managers and service contractors are responsible for the conduct of their personnel, exhibitors, and subcontractors, and for any damage caused by such personnel while in the Facility. Loud or profane language and disorderly conduct is not permitted at any time. Baxter Arena reserves the right, at its sole discretion, to remove individuals who created a nuisance or violate established policies or procedures.

9. EXCLUSIVE SERVICES

Baxter Arena will be the exclusive provider of the following services within the Facility. Rates for exclusive services and labor are available upon request.

• Food and beverage

• Telecommunications service (telephone, internet, etc.)

• Event staff (ushers, concierge, badge checkers, crowd control, uniformed law enforcement officers, ticket sellers and ticket scanners/takers)

• Utility services (including house electric, water, and HVAC)

• Maintenance (for the set-up/tear-down of Baxter Arena equipment and general facility housekeeping; charges will apply for changeovers, additionally requested housekeeping, etc.)

• Medical/first aid

• Rigging services

• Security

• Parking

10. EXTERIOR DOORS

Under no circumstances may exterior door(s) be propped open or altered in any way.

11. FIRE and SAFETY REGULATIONS

a. Floor plans (2 copies), approved by the UNCA Building and Fire Safety Department if applicable, must be submitted to Baxter Arena for review in accordance with the date set forth in the License Agreement.

b. All floor plans/facility descriptions must clearly indicate a minimum of two (2) freight-free aisles per event. Freight-free aisles must be clearly designated.

c. All floor plans must have the following information clearly indicated:

- Name and date(s) of event

- Name of areas(s) to be used.

- Location of all exits

- Aisle widths with number and dimensions of booths

- Areas that will be carpeted

- Location and dimensions of entrance headers or kiosks

- Registration location and set-up

d. Guidelines for acceptable floor plans are as follows:

- The aisles must be a minimum of ten (10) feet in width.

- All fire hoses and extinguisher cabinets must always be visible.

- All electrical panels must always be accessible.

- All permanent concession stand areas must always have a minimum 30’ X 25’ clearance.

- All points of ingress and egress must have a minimum of twenty (20) feet clear space on all sides.

e. No portion of the sidewalks, entries, passageways, doors, aisles, elevators, vestibules, or ways of access to the public utilities of the Facility will be permitted to be obstructed or used for any purpose other than ingress and egress, nor will any windows, ventilators or lighting fixtures be obstructed.

f. Baxter Arena personnel will review the proposed plan for general conformance to the License Agreement and

Baxter Arena Rules and Regulations. Licensee will provide any additional planning information Baxter Arena requests for its review of plans. Baxter Arena may be required to make changes to Licensee’s proposed plans to attain the safe and orderly operation of the Facility, compliance with the Licensee Agreement and Baxter Arena

Rules and Regulations and coordination of the use of common areas by Licensee and other users. The Licensee may not make material changes to its proposed plans submitted to Baxter Arena without Baxter Arena’s prior written consent. The Licensee shall conduct its event in the Facility in substantial compliance with the plans approved by Baxter Arena.

12. FREIGHT OR SHIPMENT OF MATERIALS

a. Baxter Arena will not accept any freight shipments prior to the Licensee Agreement move-in/setup dates(s), unless approved in writing by Baxter Arena. If any freight arrives at Baxter Arena prior to the show move-in day without a service contractor or drayage company specified, it will be transferred to Baxter Arena’s preferred shipping company, and the shipper will incur storage and delivery fees at their standard charge rates, or the shipment may be refused. Contact information for the package(s) must be clearly labeled on the exterior of the package(s). If this information is not clearly visible, the package(s) may be refused.

b. To avoid potential shipment refusal, prior arrangements are to be made with a service contractor or drayage company to handle freight requirements. Any freight arriving at Baxter Arena on the move-in day without a service contractor or drayage company specified will be handled by Baxter Arena’s preferred shipping company. The shipper will incur handling fees at their standard charge rates.

c. All materials, equipment, or freight sent to the Facilities during contracted move-in must be clearly marked to indicate the intended receiver and the name of the event.

d. Registration materials, handout literature or event-related equipment such as furniture rental, plants, special decorations, etc. should be directed to the attention of the show manager or official service contractor.

e. Baxter Arena will not accept C.O.D. deliveries.

f. All materials, equipment and/or freight are to be delivered and removed at the loading dock or event-related entrance, as designated by Baxter Arena.

13. GRATUITIES

Baxter Arena prohibits its employees from accepting gifts, gratuities or other favors from parties doing business with Baxter

Arena. The Licensee and its exhibitors should be aware of this rule and refrain from any such activities. The Baxter Arena acknowledges that it is Pacific Life Insurance Company’s corporate policy that Pacific Life Insurance Company’s employees and their family members do not seek, accept, offer, or give any gifts or gratuities beyond common courtesies consistent with ethical business practices from or to anyone with whom Pacific Life Insurance Company has any business dealings.

14. HAZARDOUS MATERIALS

a. Before, during and after the Licensee’s event, the Licensee and its exhibitors must handle, transport, remove and dispose of all hazardous materials (including, but not limited to, open flames, gasoline, hazardous waste, medical waste, hazardous, toxic and/or regulated substances) in a safe, proper, and lawful manner.

b. The Licensee must notify Baxter Arena at least 90 days prior to the first day of the License Period if the Licensee, one of its exhibitors or one of its service contractors intends to bring hazardous materials in, or about the Facility during the License Period. The Licensee must also provide Baxter Arena with a copy of the applicable Safety Data

Sheet (SDS) for such hazardous material. Baxter Arena may also require the Licensee to implement a plan for handling any releases or threats of release of such hazardous material in, on, under or about Baxter Arena premises.

c. Baxter Arena and the City of Omaha Fire Inspections Office must approve the use of any hazardous materials.

Examples of these include welding materials, lasers, cooking grease, combustible materials such as hay bales and all heat sources used for cooking and heater demonstrations. Liquid propane is not allowed in the building.

Appropriate safety shields and/or other protection must be utilized in all cases where sparks, etc. could cause injury to bystanders. Material-specific fire extinguishers must be present for all hazardous materials and provided by Licensee.

d. All cooking devices will be required to have noncombustible, rigid splash guards to isolate the cooking devices from other combustible materials and the public. These splashguards shall be of a noncombustible material approved by the Bureau of Fire Prevention. All splash guards shall be strategically placed to protect all draperies, other combustibles, flammable exposures, the floor, and the public.

e. All deep-fat fryers, grills and other cooking devices shall be U.L. or F.M. approved and of good commercial quality.

All electrical cords to power these devices shall be of commercial grade and in good repair. Power, gas and/or fuel is required to be shut off when not in use or attended to.

f. All exhibitors using the larger style, commercial grade grills and deep-fat fryers shall be equipped with fixed automatic fire protection equipment. These systems should have been installed, serviced, and tagged as well as maintained by a recognized fire equipment dealer. Exhibitors must provide protective floor covering in areas where any cooking devices are used. Examples of equipment requiring this protection: all deep-fat fryers, donut fryers, funnel cake fryers, etc. Failure of any exhibitor to meet the above criteria will result in immediate discontinuation of all cooking operations in that exhibitor’s booth.

g. Exhibitors shall be allowed to have a maximum of two 12” X 12” electric skillets for cooking at the back of their booths. Oil depth shall be limited to one eighth of an inch. This type of cooking shall be limited to heating of food products and stir fry type cooking. Each booth with this type of cooking shall be equipped with a highly visible

2A10BC portable fire extinguisher near these cooking devices.

h. It shall be the responsibility of the licensee to meet with the City of Omaha Fire Inspections Office at a minimum of thirty (30) days prior to the event to establish these requirements. The intent of this matter is to strategically locate the higher hazard items in a part of the building so that in the event of a fire, fire suppression forces would have easy access to this equipment.

15. INFORMATION TECHNOLOGY SERVICES

a. Telephone Service

1. All lines provide unlimited local calling.

2. Domestic (US) long-distance calls will be billed at the prevailing per minute rate. International calling is available by contacting the Baxter Arena Information Technology Department. International calls will also be billed at the prevailing per minute rate.

3. A non-refundable deposit will be required in advance for long-distance access.

4. Exhibitors requesting long-distance service must have a credit card on file with the Service Desk prior to service being activated. Any long-distance charges incurred more than the deposit will be charged to this credit card at the end of the show.

5. Baxter Arena is not responsible for incompatibility issues with customers or third-party equipment.

b. Internet Service – Baxter Arena

1. Due to the shared nature of broadband internet service, Baxter Arena will not be responsible for the security or loss of data, nor does Baxter Arena provide any kind of Anti-Virus solution on a private or shared network/VLAN. Private connections such as VLANs are available and listed on the order form.

2. An Intrusion Detection System (IDS) is utilized to monitor the Baxter Arena network. Any Exhibitor found attempting to gain access to unauthorized network resources will be disconnected immediately and subject to removal from the building.

3. Wireless networks are strictly forbidden without the express written permission of Baxter Arena. If an unauthorized wireless network is found, Baxter Arena reserves the right to disconnect the device to prevent service disruption to customers utilizing the facility.

4. Baxter Arena is not responsible for incompatibility issues with customers or third-party equipment.

5. High-Speed Internet connectivity provided at Baxter Arena includes web browsing and internet e-mail.

Other services (i.e. VPN, Video/Audio Conferencing, Corporate E-Mail access, etc.) must be requested, configured, and tested at least two (2) business days prior to the date that the event moves in. Please contact the Information Technology Department with any questions or request additional services.

16. INSURANCE REQUIREMENTS

For all events, Licensees shall provide and maintain, in full force and effect, insurance coverage as listed in the License

Agreement. A Certificate of Insurance must be received no later than 30 days prior to the first day of move-in.

17. KEYS AND LOCK CHANGES

a. Any keys required by the Licensee or Licensee’s service contractors will be subject to a key deposit. Requests for keys or lock changes should be made through the Event Coordinator. All keys must be returned on the final day of the event.

b. All or part of the key deposit will be retained if keys are not returned.

c. Under no circumstances are keys to be duplicated.

d. A fee will be charged for lock changes and unreturned keys.

18. LOADING DOCKS

Loading dock bays or areas will be allocated according to event need. Baxter Arena personnel assigned to your event will determine assigned space.

19. MOTORIZED EQUIPMENT (also see VEHICLES)

a. Authorized Baxter Arena personnel will operate all Baxter Arena equipment. No person may authorize the use or transportation of any equipment, furnishing or other articles which are inventoried property of Baxter Arena, for any group, organization or party of any description or type whatever, to any place or place outside the immediate confines of the Facility.

b. The Licensee or Licensee’s service contractor is required to ensure that all equipment operated in the Facility does not drip oil or any other staining solutions. Any vehicle that drips oil or staining solutions will be removed immediately from the Facility.

c. The Licensee will be charged for all costs incurred for cleaning or removing stains.

d. No one, other than designated persons of the official service contractor(s) for the Licensee’s event, are authorized to operate any motorized cart, lift equipment, etc. of such service contractor in the Facility.

e. Any person(s) operating motorized equipment must have a valid driver’s license.

f. Under no circumstances are motorized vehicles to be operated on any area in the Facility, other than the exhibit halls, without written approval from Baxter Arena Management.

g. Service contractors are required to provide all equipment needed for the handling of freight.

20. NO SMOKING POLICY

Baxter Arena and the University of Nebraska at Omaha are smoke-free facilities and campus.

21. OBJECTIONABLE CONDUCT

Any performer, visitor, invitee, or other person whose conduct is objectionable, disorderly, or disruptive to the use of the

Facility, as determined by Baxter Arena in its sole discretion, may be refused entrance or may be ejected from the Facility.

22. PYROTECHNICS

No pyrotechnics shall be used unless a proper permit is obtained from the Omaha Fire Department, and written authorization from Baxter Arena management is obtained. The Licensee may incur an additional cleaning charge.

23. RIGGING

All rigging within the Facilities must be approved in advance by Baxter Arena. A plan showing the location, weight and intent of rigging must be provided. Rigging services are exclusive based on the location within the Facility. Specific rigging information for all areas of the Facility is available upon request.

24. SPECIAL DECORATIONS, SIGNS AND THEMED MATERIALS

a. The location and method of installation of any special decorations or signs must be approved by Baxter Arena prior to installation.

b. All special decorations or signs left in the Facility at the end of an event will be considered refuse. All special decorations or signs that the Licensee wants to save must be removed at the end of the event.

c. Under no circumstances are helium balloons or adhesive-backed decals to be given away or permitted to be used in the Facility.

d. Any costs incurred by Baxter Arena because of the use or removal of these items will be charged to the Licensee.

e. Tabletop Décor- All candles must be enclosed in glass or metal container 3” above the flame.

f. Cut trees are not permitted, unless they have a root ball at the base of the tree and are specifically approved by

Baxter Arena.

g. Hay bales must be sprayed with fire retardant and inspected by the Fire Marshall prior to the building opening to the public.

h. Use of glitter, confetti or streamers must be approved in advance by Baxter Arena. If approved, Licensee will be charged for any extra cleaning required due to use of such decorations.

i. Banners or signage may not be attached to the exterior of the Facility. The hanging of any interior banners must have Baxter Arena management approval.

j. Baxter Arena personnel will operate the Baxter Arena monument sign. Baxter Arena will have final approval of all marquee messages. Any expenses incurred will be invoiced to the Licensee.

k. Cotton candy machines are prohibited in Baxter Arena. Snow cone makers and the use of dry ice shall require a protective floor covering in the working area of these machines and/or products.

l. Game-themed activities may require precautionary measures to protect the Facility and its patrons.

25. TAPE/ADHESIVE-BACKED MATERIAL

a. Tape and adhesive-backed materials are not allowed on the Facility’s carpeted surfaces without prior approval by

Baxter Arena.

b. Use of tape on any wall surface, glass or equipment is prohibited.

c. If Baxter Arena approval is obtained, the Licensee and Licensee’s service contractor(s) are responsible for the removal of all tape and tape residue from any surface area including, but not limited to, the exhibit hall floor, wall surfaces, glass, and service equipment. If the Licensee fails to remove tape and tape residue, the Licensee shall reimburse Baxter Arena for the costs incurred to remove such tape or residue.

26. VEHICLES

a. Vehicles are not permitted inside the Facility for loading/unloading without the prior authorization of Baxter Arena management. While loading/unloading, vehicles will adhere to first in, last out for the safety of others.

b. Vehicles left overnight should provide a set of keys to the security office, in case of need to move the vehicle for

Baxter operations.

c. Vehicles…