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. \ (c) Two (2) days prior to the final day of Performance as set forth in the Schedule of Performance, the Agency shall pay the Performers the remaining balance of the Performance Fee, which is an amount equal to Twenty Five Thousand Dollars ($25,000.00) (the "Remaining Balance"). Payment shall be by check of the Agency made payable to Giovanni loppe. Agency shall accompany Giovanni loppe to the bank and remain with Giovanni loppe as he cashes the check. 3. The Technical Requirements Rider has been revised and is attached hereto as Exhibit "B" and incorporated herein by this reference. 4. Paragraphs 9, 10, 11 and 12 of the Agreement are amended to read as follows: "9. Force Majeure; Cancellation. If Performers are unable to perform any engagement set forth in the Schedule of Performance 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. Inclement weather does not relieve the Agency from its obligations provided that 1) the Agency does not otherwise determine that the weather provides unsafe conditions; and 2) Performers are ready and able to perform the engagement. If the Agency cancels the engagement for any reason other than those described as acceptable in this paragraph, the Performance Fee remains payable in full. "10. Renewal. The Agency shall have 90 days following the last Performance to renew this agreement by providing the Performers with written notice to that effect. "11. Merchandise. Agent and Performers may sell albums, tapes, compact disks, and other promotional material ("Merchandise"), except food and beverages, on the premises during the Performances, retaining all proceeds associated therewith. The Agency agrees to provide an area and table for the sale of the Merchandise and the Agency shall pay as additional compensation, City business license taxes. For the avoidance of doubt, the parties acknowledge and agree that nothing in this Section shall prohibit the Agency or 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. "12. Hospitality. The Agency shall provide Agent and Performers with such amenities as may be agreed upon by the Agency in writing." 5. Paragraph 14 is amended to read as follows: "14. Indemnification. To the extent permitted by law, Performers agree to protect, defend, hold harmless and indemnify the City of Redwood City, the Agency, its Board, officers, agents, employees and volunteers from and against any claim, injury, liability, loss, cost and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from, for which Performers shall become legally liable arising from Performers' acts, errors or omissions with respect to or in any way connected with the Performances pursuant to this Agreement, any subcontractor, anyone directly or indirectly employed by any of ATTY/AGR/2008/AMEND/No. 2 Zoppe 7/28/09