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This letter agreement (“Agreement”) outlines the understanding between Band Together, Inc.

(“Band
Together”), a North Carolina nonprofit corporation and nonprofit partner (“Nonprofit”).

1. Grant. Band Together intends to raise funds and awareness with its Nonprofit partner in
spring 2015 through a high profile music event in North Carolina (“Event”) (the Event and any meetings and
functions leading up to or related to the Event, collectively the “Grant”).

2. Timing of Event. While Band Together intends for the Event to occur in spring 2015, the
occurrence of events beyond the control of Band Together may cause Band Together to postpone the Event.
Such events include, but are not limited to, acts of God, disasters or emergencies beyond the control of Band
Together. Such postponement may extend to future calendar years.

Attached hereto as Exhibit A and incorporated herein by reference are additional terms and conditions of this
Agreement.

BAND TOGETHER, INC.

By: __________________________

Matt Strickland, Executive Director

CONSENTED TO BY:

NONPROFIT PARTNER

By: ______________________________________

Print Name: _______________________________

Title: ____________________________________

Date: ____________________________________

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TERMS AND CONDITIONS

1. Fundraising Obligations.

(a) Subject to the terms of this Agreement, Band Together covenants that it will
donate to Nonprofit 85% of all Net Proceeds collected for the Event. Band Together will retain 15% of
all Net Proceeds collected for the Event. For purposes of this Agreement, “Net Proceeds” means an
amount equal to the product of (i) Event revenue (inclusive of the funds received by Nonprofit or Band
Together for the Event) minus (ii) Event-related expenses. Band Together agrees to donate funds to
Nonprofit within sixty (60) days of receipt following the Event.

(b) Nonprofit previously made the Representation (defined below) to Band Together
that it would raise $xxx,xxx for the Event (“Nonprofit Fundraising Goal”). Nonprofit acknowledges
that the Nonprofit Fundraising Goal will be calculated by Band Together using the cash Nonprofit
collects during the term of the partnership specific to the partnership or as reasonably determined by Band
Together. Funds received directly by the Nonprofit will be counted toward the Nonprofit Fundraising
Goal. Donors that designate funds directly to Nonprofit will not receive Event-related sponsor benefits;
provided, however; Band Together will review exceptions on a case by case basis.

(c) If Event is postponed, subject to expenses incurred and the requests of sponsors,
Band Together shall award 85% of the total funds collected by the Nonprofit to the Nonprofit no later
than June 30, 2015, and define a plan by June 30, 2015, by which the remaining funds will be awarded to
the Nonprofit.

2. Nonprofit Representations. Nonprofit acknowledges that the promises and


representations it gave to Band Together prior to the date hereof (“Representations”) were a material
inducement for Band Together to select Nonprofit for the Event. Such Representations include
statements Nonprofit provided to Band Together during the written application process and during the
oral presentation. Representations include the level of board pledges, leadership commitments, ticket
sales, silent auction donations, volunteer hours, and media commitments. Nonprofit is obligated to
exercise its best effort to materially comply with such Representations.

3. Termination of Grant. Band Together may terminate this Agreement and the Grant
within thirty (30) days written notice to the Nonprofit by certified mail or nationally recognized overnight
carrier at the address set forth herein in the event of (a) a material misrepresentation or omission by
Nonprofit in such Representations or (b) the occurrence of a material adverse change in Nonprofit,
including any event, change, or state of facts that has had or would be reasonably be expected to have a
material adverse effect (i) on the management, board or directors, financial conditions, results of
operations, business or otherwise of Nonprofit or (ii) on the ability of the Nonprofit to fulfill its
statements to Band Together. Example of acts that would trigger termination include (A) if the Executive
Director of a nonprofit were charged with embezzlement in a high profile case or (B) if a nonprofit were
to lose its 501(c)(3) status.

4. Mutual Release. In consideration of the mutual promises made herein, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, effective upon
the date hereof, each party hereby releases and forever discharges the other party, its affiliates, directors,

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advisory board members, officers, employees, volunteers, agents, and representatives of any and all
claims, demands, charges, lawsuits, debts, defenses, actions or causes of action, obligations, damages,
sums of money, distributions, compensation, loss of services, attorneys’ fees, costs and expenses of suit,
and liabilities whatsoever, which the Parties have or may have, whether in law or equity, known or
unknown, with respect to any events related to the Grant, except as expressly provided in this Agreement.

5. Mutual Non-Disparagement. Each party agrees during the existence of this agreement
that neither it nor any of its affiliates, directors, advisory board members, officers, and employees,
will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or
otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in
any of the foregoing), any remark, comment, message, information, declaration, communication or other
statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might
reasonably be construed to be derogatory or critical of, or negative toward, each party or any of its
affiliates, directors, advisory board members, officers, and employees, except as may be required by law.

6. No Agency Created; Tax Variance Power. It is the intention of the parties that nothing
herein contained or done pursuant hereto shall constitute Band Together an agent of Nonprofit and the
Nonprofit an agent of Band Together for any purpose whatsoever. Band Together retains the right to alter
or change the designated beneficiary organization for the Grant, if at any time prior to or after it receives a
donation, Band Together determines, in its discretion, that a donation to Nonprofit is no longer consistent
with Band Together’s charitable purpose.

7. Miscellaneous. This Agreement (including Exhibit A) contains the entire agreement of


the parties in regard to the subject matter of the Agreement and supersedes all other understandings and
agreements, whether written or oral, regarding such matters. This Agreement may be amended or
changed by an instrument in writing signed by both parties hereto. The election or failure by a party to
forego or not to exercise any right hereunder shall not constitute a waiver of any other right or obligation
hereunder.

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