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for Consultant to determine that the Services cannot be discharged or continued as a <br />result of any conditions or circumstances affecting safety beyond the reasonable control <br />of Consultant. <br />16. Force Maieure. City agrees to assume the risks of weather, strike, civil <br />unrest, terrorism, military action, governmental action, and any other causes beyond <br />the control of Consultant which may prevent the Services from being safely discharged <br />on the scheduled date, which may cause the cancellation of any event for which <br />City has purchased the Services, or which may affect or damage such portion of the <br />exhibits as must be placed and exposed a necessary time before the Services. If, for <br />any such reason, Consultant is not reasonably able to safely discharge the Services on <br />the scheduled date, or at the scheduled time, or should any event for which City has <br />purchased the Services be canceled as a result of such causes, City may (i) <br />reschedule the Services and pay Consultant such sums as provided in Section 5, or <br />(ii) cancel the Services and pay Consultant such sums as provided in Section 18, based <br />upon when the Services is canceled. <br />17. Discrimination and Harassment Prohibited. Consultant will comply with all <br />applicable local, state and federal laws and regulations prohibiting discrimination and <br />harassment. <br />18. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br />perform the Services, City may terminate this Agreement for nonperformance by <br />notifying Consultant in writing pursuant to the notice provisions of this Agreement. In the <br />event of Consultant's failure to prosecute, deliver or perform the Services, no payment <br />shall be due to Consultant. <br />City shall have the option to unilaterally cancel the Services prior to the scheduled date. <br />If City exercises this option, City agrees to pay Consultant, as liquidated damages, the <br />following percentages of the Fee set forth in Paragraph 6, Compensation: <br />1) 25% of the balance owed after City's payment of Twenty <br />Nine <br />Thousand Nine Hundred Seventy Five Dollars ($29,975) upon <br />City's <br />execution of this agreement if cancellation occurs 30 to 90 days prior <br />to the <br />scheduled date for performance of the Services, <br />2) 50% of the balance owned after City's payment of Twenty <br />Nine <br />Thousand Nine Hundred Seventy Five Dollars ($29,975) upon <br />City's <br />execution of this agreement if cancellation occurs 15 to 29 days prior <br />to the <br />scheduled date for performance of the Services, <br />3) 100% of the balance owed after City's payment of Twenty <br />Nine <br />Thousand Nine Hundred Seventy Five Dollars ($29,975) upon <br />City's <br />execution of this agreement thereafter. <br />19. Rescheduling of Event. If City elects to reschedule the Services, Consultant <br />shall be paid the original fee as set forth in Section 5, plus all additional expenses made <br />necessary by rescheduling. Said expenses will be invoiced separately and payment will <br />be due in full within 5 days of receipt. <br />REV: 06-06-18 RL <br />Page 6 of 10 <br />ATTY/AG R.2018.119/Pyrospectacu I ars <br />