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7.1.G. - Page 6 <br />that 1) the City does not otherwise determine that the weather provides unsafe <br />conditions, and 2) Performers are ready and able to perform the engagement. If the <br />City cancels the engagement for any reason other than those described as acceptable <br />in this paragraph, the Performance Fee remains payable in full. <br />11. Merchandise. During the performances, Agent and Performers may sell albums, <br />tapes, compact disks, and other promotional materials ("Merchandise") EXCEPT food <br />and beverages on the premises, retaining all proceeds associated therewith. The City <br />agrees to provide an area and table for the sale of the Merchandise. For the avoidance <br />of doubt, the parties acknowledge and agree that nothing in this Section shall prohibit <br />the City of Redwood City from selling food and beverages on the premises during the <br />Performances. The parties further acknowledge and agree that neither Agent nor <br />Performers shall share in any proceeds from such sales. <br />12. Licenses / Permits. City is responsible for obtaining all licenses and permits as <br />may be required to present the Zoppe Circus in this location. Notwithstanding the <br />above, prior to selling Merchandise on the premises, Performers must obtain a <br />Business License from the City of Redwood City. <br />13. Compliance with Law, Rules, and Regulations. Performers shall comply with all <br />applicable federal, state and local non-discrimination laws and maintain all licenses <br />required by State, Federal, and local governments and regulatory agencies to complete <br />the Performances. <br />14. Obligation of Performers to Provide Labor and Materials. Except as otherwise <br />provided herein, Performers shall supply and furnish all necessary labor and materials <br />necessary to carry out their obligations under this Agreement. <br />15. Indemnification. Performers and Agent will defend, indemnify and hold harmless <br />City and its officers, agents, employees and volunteers from and against all claims, <br />damages, losses and expenses including attorney fees arising out of the performance of <br />the Performances, caused in whole or in part by the willful misconduct or any negligent <br />act or omission of the Performers, any subcontractor, anyone directly or indirectly <br />employed by any of them or anyone for whose acts any of them may be liable, except <br />where caused by the sole negligence, or willful misconduct of City. <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City incurs or makes to or on behalf of an injured employee under the City's <br />self-administered workers' compensation is included as a loss, expense or cost for the <br />purposes of this section. <br />The parties expressly agree that this section shall survive the expiration or early <br />termination of the Agreement. <br />ATTY/AGR/2013.066/ZOPPE CIRCUS <br />REV:08-16-13 MLG <br />Page 4 of 12 <br />