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with respect to the performance of the Contract shall be excused and neither Party shall have any liability to the other in connection <br />therewith. <br />11. INCLEMENT WEATHER: Notwithstanding anything contained to the contrary herein, inclement weather shall not be deemed a Force <br />Majeure event and Buyer shall remain liable for payment to Producer of the full guarantee. plus all other compensation due hereunder if the <br />performance(s) is rendered impossible, infeasible or unsafe by such weather conditions. For clarification, Buyer shall remain responsible <br />for all other terms and conditions of this Agreement, including, .without limitation accommodations, transportation and expense <br />reimbursements for Artist and touring party, only as previously negotiated and agreed to on the contract face and, where applicable, such <br />costs are actually incurred. <br />12. PERFORMANCE TIME: Artist shall perform at the stage location as set forth in the Agreement. In the event of inclement weather or <br />Buyer's scheduling or logistic difficulties, Buyer shall have the right to delay Artist's performance for a reasonable time period from the <br />scheduled performance time set forth in the Agreement, subject to the approval of the Producer, which will not be unreasonably withheld <br />"Delay"). In the event a "Delay" cannot be agreed upon despite reasonable efforts of both parties, Producer shall, nonetheless, remain <br />entitled to the full Guarantee due under the Agreement. <br />In the event that a non-performance is due to Producer or Artist's negligence, any deposit or monies previously paid to Producer shall be <br />refunded to Buyer within a reasonable time (unless the parties agree to apply any such amounts to a mutually agreed reschedule date) and <br />Buyer and Producer/Artist shall engage in good faith efforts to determine a mutually approved reschedule time for the Engagement. In the <br />event Buyer and Producer/Artist are unable to determine a mutually agreed rescheduled time, each party shall, have no further obligation <br />in relation to the Engagement except pursuant to any payment obligations that may remain despite a non-performance (e.g., as set forth in <br />paragraph fifteen (15) herein or as may be due as a result of Purchaser's uncured material breach). <br />In the event that a material delay (for clarification, not a "Delay") is due to Artist or Producer's sole negligence or intentional conduct, Buyer <br />may be entitled to request a reduction in the Guarantee, provided that any grant of a reduction shall be dependent upon mutual agreement <br />between all parties. <br />13. LIMITED LIABILITY: Buyer shall not be liable to Artist for any injury or damage to Artist or the Artist's equipment, unless such injury or <br />damage is caused by the negligence or intentional conduct of Buyer, its agents, employees, contractors, or volunteers. Artist shall remove <br />all of Artist's equipment and personal effects from the stage location and dressing rooms within a reasonable time following performance, <br />unless prevented or prohibited from doing so through no fault of the Artist/Producer. <br />14 INDEMNIFICATION: Producer agrees to indemnify and hold harmless Buyer and Buyer's officers, agents and employees from any loss, <br />damage, or expenses as a result of any third party claim for death, personal injury, or property damage where such claim is the direct <br />result of Producer's or Artist's negligence or intentional wrongful act or omission (including reasonable outside attorneys' fees, expenses, <br />and liabilities incurred in the defense of any such claims) where such claim is reduced to a final adverse judgment by a court of competent <br />jurisdiction. <br />15. PHOTOGRAPHYITAPING: Producer and Artist acknowledges that photography, videotaping and audio taping by the general public are <br />impossible to completely control. Notwithstanding the foregoing, Buyer shall use reasonable efforts to prevent any professional grade or <br />excessive recording (audio or video) and photography by the general public. The parties recognize the prevalent use of "smartphone" <br />cameras and, subject to Buyer's obligations set forth herein, agree that such use shall not be deemed a breach of the Agreement. <br />16. CHOICE OF LAW & VENUE: The choice of law and choice of venue shall be the City, County and State in which the performance is to <br />take place. <br />ACCEPTED AND AGREED: <br />PRODUCER <br />ACCEPTED AND AGREED: <br />BUYER <br />