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6.1 C <br /> Page 4 <br /> (c) Two {2) days prior to the fina� day of Performance as set forth in the Schedule <br /> of Performance, the Agency shall pay the Performers the remaining balance of the <br /> Performance Fee, which is an amount equal to Twen#y Five Thousand Dollars <br /> {$25,000.00) (the"Remaining Balance"). Payment shafl be by check of the Agency made <br /> payable to Giovanni Zoppe. Agency shall accompany Giovanni Zoppe to the bank and <br /> remain with Giovanni Zoppe as he cashes the check. <br /> 3. The Technical Requirements Rider has been revised and is attached hereto as <br /> Exhibi#"B" and incorporated herein by this reference. <br /> 4. Paragraphs 9, 14, 1� and 92 of the Agreement are amended to read as follows: <br /> u9. Force Majeure; Cancellation. If Per�ormers are unable to perform any engagement <br /> set fvrth in #he Schedule o�' Performance as a result of a strike, epidemic, Act of God, <br /> war, or similar force majeure, all parties named above are relieved of their respective <br /> obligatians under this Agreement, and no named par�y may make a claim of damages <br /> against the other. lnclement weather does not relieve the Agency from i#s obiigations <br /> provided tha# 1} the Agency does not otherwise determine that the wea#her provides <br /> unsa#e conditions; and 2} Performers are ready and able to perform �he engagement. If <br /> the Agency cancels the engagement for any reason other than those described as <br /> acceptable in this paragraph, the Performance Fee remains payable in ful1. <br /> "10. Renewal. The Agency shall have 94 days following the Iast Per�ormance to renew <br /> this agreement by providing the PerFormers with written notice to that effec#. <br /> "11. Merchandise. Agent and Performers may sell albums, tapes, compact disks, and <br /> other promotionai material ("Merchand�se�}, except food and be�erages, on the premises <br /> during the Performances, retaining ai� proceeds associated therewith. The Agency <br /> agrees to provide an area and table for the sale of the Merchandise and the Agency <br /> shall pay as additional compensation, City business license taxes. For the avoidance of <br /> doubt, the parties acknowledge and agree that nothing in fihis Section shall prohibit the <br /> Agency or the City of Redwood Ci#y from sel�ing food and beverages on the premises <br /> during the Performances. The parties further acknowiedge and agree that neither Agent <br /> nor Performers shall share in any proceeds fram such sales. <br /> "12. Hospitaliiy. The Agency shali provide Agent and Performers wi#h such amenities <br /> as may be agreed upon by the Agency in writing." <br /> 5. Paragraph 94 is amended to read as follows: <br /> "14. lndemnificat�on. To the ex#ent permitted by iaw, Performers agree to <br /> protect, defend, hoid harmless and indemnify #he Ci#y of Redwood City, the Agency, its <br /> Board, officers, agents, employees and volunteers from and against any claim, injury, <br /> liability, 1oss, cost and/or expense or damage, however same may be caused, including <br /> all costs and reasonable attorney's fees in providing a defe�se to any claim arising there <br /> #rom, for which PerFormers sha[I become legally liable arising from Perforrners' acts, <br /> errors or omissions with respect to or in any way connected with the Performances <br /> pursuant to th�s Agreement, any subcontractor, anyone directly or indirectly employed by <br /> any of them or anyone for whose acts any of them may be liable, except where caused <br /> by the active negligence, sole negligence, or wiflful misconduct of Agency or City.x <br /> ATTY/AGR/2a491AMEND/No.2 Zoppe <br /> o7zaos <br />