IX. Determination of Reasonable Fees.
- ASCAP shall, upon receipt of a written request for a license for the
right of public performance of any, some or all of the works in the
ASCAP repertory, advise the music user in writing of the fee that it
deems reasonable for the license requested or the information that it
reasonably requires in order to quote a reasonable fee. In the event
ASCAP requires such additional information, it shall so advise the music
user in writing, and shall advise the music user in writing of the fee
that it deems reasonable within sixty (60) days of receiving such
information. If the parties are unable to reach agreement within sixty
(60) days from the date when the request for a license is received by
ASCAP, or within sixty (60) days of ASCAP's request for information,
whichever is later, the music user may apply to the Court for a
determination of a reasonable fee retroactive to the date of the written
request for a license, and ASCAP shall, upon receipt of notice of the
filing of such request, promptly give notice of the filing to the
Assistant Attorney General in charge of the Antitrust Division. If the
parties are unable to agree upon a reasonable fee within ninety (90)
days from the date when ASCAP advises the music user of the fee that it
deems reasonable or requests additional information from the music user,
and if the music user has not applied to the Court for a determination
of a reasonable fee, ASCAP may apply to the Court for the determination
of a reasonable fee retroactive to the date of a written request for a
license and ASCAP shall upon filing such application promptly give
notice of the filing to the Assistant Attorney General in charge of the
Antitrust Division.
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