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11. Force Maieure: Canoeliation. if Performers are unable to pertorm any engagement set forth in the Schedule of Pertormance as a result of a strike, epidemic, Act of God, war, or similar force majeure, all parties named above are relieved of their respective obligations under this Agreement, and no named party may make a claim of damages against the other. In this event, all parties will make their best efFort to reschedule the performance(s)within one(1)year of the date of the original performance. Inclement weather dces not relieve the City from its obligations provided that 1) the City dces not otherwise determine that the weather provides unsafe conditions; and 2) Performers are ready and able to pertorm the engagement. If the City cancels the engagement for any reason other than those described as acceptable in this paragraph, the Performance Fee remains payable in full. 12. Merchandise. During the perFormances, Agent and Pertormers may sell albums,tapes,compact disks, and other promotional materials("Merchandise' EXCEPT food and beverages on the premises, retaining all proceeds assoaated therewith. The City agrees to provide an area and table for the sale of the Merchandise. For the avoidance of doubt, the parties adcnowledge and agree that nothing in this Secction shall prohibit the City of Redwood City from selling food and beverages on the premises during the Performances. The parties further acknowledge and agree that neither Agent nor PerFormers shall share in any proceeds from such sales. 13. Licenses 1 Permits. City is responsible for obtaining all licenses and permits as may be required to present the Zopp� Circus in this location. Noiwithstanding the above, prior to selling Merchandise on the premises, Performeirs must obtain a Business License from the City of Redwood City. 14. Comnliance with Law. Rules, and Re�ulations. Pertormers shall oomply with all applicable federal, state and local non-discrimination laws and maintain all licenses required by State, Federal, and local govemments and regulatory agenaes to complete the Pertormances. 15. Obliaation of Performers to Providg Labor and Materials. Except as otherwise provided herein, Pertom�ers shall supply and fumish all necessary labor and materials necessary to carry out their obligations under this Agreement. 16. Indemnification. Performers and Agent will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attomey fees arising out of the perfornnanoe of the Performances, caused in whole or in part by the willful misconduct or any negligent act or omission of the Pertormers, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be�iable, exc:ept where caused by the sole negligence or willful misconduct of City. ATTY/AGR/2015.10420PPE LIVE PERFORMANCE REV:0�27-15 MLG P�e4of12