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� 11. Force Maieure: Cancellation. If Pertormers 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. 1n this event, all parties will make their best effort to reschedute the performance(s)within one(1)year of the date of the original pertormartce. Inclement weather does not relieve the City from its obligations provided #hat 1) the Ci#y does no# o#herwise determine that the weather provides unsa#e canditions; and 2) Performers are ready and able to perform the engagement. If the City cancels the engagement for any reason other than those described as acceptable in this paragraph, the Pertormance Fee remains payable in fulL 12. Merchandise. During the pertormances, Agent and Pertormers may sell albums, tapes, compact disks, and other promotional materials ("Merchandise") EXCEPT food and beverages on the premises, retaining all proceeds associated therewith. The City a�re�s ta provide an area for the s�ls of the Merchandise. For the avQidance af�doubt, the parties acknowledge and agree that nothing in this Section will prohibit the City of Redwaod Ci#y from selling food and beverages on the premises during the Pertormances. The parties further acknowledge and agree that neither Agent nor Pertormers will share in any proceeds from such sales. 13. Lieeflses/PeF�i#s. Ci#y is Fespoflsibie foF ob#ai�i�g ail iieer�ses a�d pef�i�s as may be required to present the Zoppe Circus at the Place of Pertormance. Notwithstanding the above, prior to selling Merchandise on the premises, Pertormers must obtain a Business License from the City of Redwood City. 14. Compliance with Law: Rules, and Regulations. Pertormers will comply with �II �pplir,,able feder�l, state and local non-discrimin�#ion I�ws and m�intain �II licenses required by State, Federal, and local governments and regulatory agencies to complete the Performances. 15. Obliqation of Performers to Provide Labor and Materials. Except as otherwise provided herein, Performers will supply and fumish all necessary labor and materials �ec�ssa�y ta carry �Gt t"2ir obligatians under this agreeme�t. 16. Indemnification. Performers and Agent will defend, indemnify and hold harmless City and ats officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the pertormance of the Pertormances, caused in whole or in part by the willful misconduct or any negiigent act or omission ofi the Pertormers, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of City. The parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self- �dministered workprs' corr�pensatio.r. i� incl�ded as a loss, ?X�3��S� Qt' C�St f0!' the ATIV/AGR/2016.171/ZOPPE LIVE PERFORMANCE REV:06-29-16 RL Page 4 of 31