Agmt08 Zoppe - Laserfiche WebLink

Browse Search

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. 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 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. Unless written notice is provided by either Performers or Agent within 30 days following last Performance, this agreement shall renew for one (1) additional year under the same conditions, (dates subject to change) and adding to the terms only the national inflation rate, or six percent (6%), whichever is higher. 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. In addition to the Performance Fee as set forth in Section 4 herein, the Agency shall pay, as additional compensation, City business license taxes or City business license fees on any Merchandise sold at the Place of Performance during the Performances on behalf of Performers. 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. 12. Compliance with law, Rules, and Regulations. Performers shall comply with all applicable federal, state and local non-discrimination laws and maintain all licenses required by State, Federal, and local governments and regulatory agencies for the work to be performed. 13. Obligation of Performers to Provide labor and Materials. Except as otherwise provided herein, Performers shall supply and furnish all necessary labor and materials necessary to carry out its obligations under this Agreement. 14. Indemnification. To the extent permitted by law, Performers agree to protect, defend, hold harmless and indemnify the Agency, its Board, officers, agents, and employees 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 Page 3