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7.1.C. - Page 6 <br /> 11. Force Maieure; Cancellation. If Performers are unable to perform any <br /> engagement set forth in the Schedule of Performance as a result of a strike, epidemic, <br /> Act of God, war, or similar force majeure, all parties named above are relieved of their <br /> respective obligations under this Agreement, and no named party may make a claim of <br /> damages against the other. In this event, all parties will make their best effort to <br /> reschedule the performance(s) within one (1) year of the date of the original performance. <br /> Inclement weather does not relieve the City from its obligations provided that 1) the City <br /> does not otherwise determine that the weather provides unsafe conditions; and 2) <br /> Performers are ready and able to perform the engagement. If the City cancels the <br /> engagement for any reason other than those described as acceptable in this paragraph, <br /> the Performance Fee remains payable in full. <br /> 12. Merchandise. During the performances, Agent and Performers may sell <br /> albums, tapes, compact disks, and other promotional materials ( "Merchandise ") EXCEPT <br /> food and beverages on the premises, retaining all proceeds associated therewith. The <br /> City agrees to provide an area and table for the sale of the Merchandise. For the <br /> avoidance of doubt, the parties acknowledge and agree that nothing in this Section shall <br /> prohibit the City of Redwood City from selling food and beverages on the premises during <br /> the Performances. The parties further acknowledge and agree that neither Agent nor <br /> Performers shall share in any proceeds from such sales. <br /> 13. Licenses / Permits. City is responsible for obtaining all licenses and permits <br /> as may be required to present the Zoppe Circus in this location. Notwithstanding the <br /> above, prior to selling Merchandise on the premises, Performers must obtain a Business <br /> License from the City of Redwood City. <br /> 14. Compliance with Law, Rules, and Regulations. Performers shall comply <br /> with all applicable federal, state and local non - discrimination laws and maintain all <br /> licenses required by State, Federal, and local governments and regulatory agencies to <br /> complete the Performances. <br /> 15. Obligation of Performers to Provide Labor and Materials. Except as <br /> otherwise provided herein, Performers shall supply and furnish all necessary labor and <br /> materials necessary to carry out their obligations under this Agreement. <br /> 16. Indemnification. Performers and Agent will defend, indemnify and hold <br /> harmless City and its officers, agents, employees and volunteers from and against all <br /> claims, damages, losses and expenses including attorney fees arising out of the <br /> performance of the Performances, caused in whole or in part by the willful misconduct or <br /> any negligent act or omission of the Performers, any subcontractor, anyone directly or <br /> indirectly employed by any of them or anyone for whose acts any of them may be liable, <br /> except where caused by the sole negligence or willful misconduct of City. <br /> ATTY /AGR/2015.104/ZOPPE LIVE PERFORMANCE <br /> REV: 05 -27 -15 MLG <br /> Page 4 of 12 <br />