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D. PRODUCTION CONTROL
<br />(1) PRODUCER shall have the sole exclusive creative control over the production and presentation of ARTIST's performance at the Engagement hereunder, including, but
<br />not limited to, the details, means and methods of the performance of the performing artists hereunder, and PRODUCER shall have the sole right, as PRODUCER may see fit,
<br />to designate and change at any time the performing personnel other than the ARTIST herein specifically named.
<br />(2) ARTIST shall at all times be the headline act and will be the closing act of each show, unless otherwise specified herein. PURCHASER agrees that no performers other
<br />than those to be furnished by PRODUCER hereunder will appear on or in connection with the Engagement hereunder. PURCHASER agrees to supply and pay for all
<br />supporting acts, if any, which must be requested and/or approved by PRODUCER.
<br />(3) PURCHASER agrees to promptly comply with PRODUCER's directions as to stage settings for the performance hereunder.
<br />(4) It is understood that no stage seats are to be sold or used without PRODUCER's prior written consent.
<br />E. EXCUSED PERFORMANCE SEE ADDENDUM #J
<br />If, as the result of a Force Majeure Event (as defined below). PRODUCER or ARTIST is unable to, or is prevented from, performing the Engagement or any portion thereof
<br />or any material obligation under this Agreement, then PRODUCER's and ARTIST's obligations hereunder will be fully excused, there shall be no claim for damages or
<br />expenses by PURCHASER, and PURCHASER shall bear its own costs and expenses in connection with this Agreement. Notwithstanding the foregoing: (i) PURCHASER
<br />shall be obligated and liable to PRODUCER for such proportionate amount of the payment provided for herein as may be due hereunder for any performance(s) which
<br />PRODUCER may have rendered up to the time of the inability to perform by reason of such Force Majeure Event; acrd (lt) itTttte eventvfsaoirttnttf 1t5TtFt�lTisP
<br />a-Force-Majeure-Ruent,-if.AR3'-IST'-is-ready,�cilling,_an rm ionl rgy��.gxtch.I:erce'Majeur�tleh7); Z�fi`PL�FRC-HASER-shall-nevertheiess�ay�
<br />rJ"D14OE a); n4i[SiitlTtt'�gVal ttstht'fttki ek Ai�t FEE plus aiLgl�gLpgyl LTA Attci cAmpensation due hcfiTihBec. FSFclartfl'cdti�it'tP"1 even o cause etson ue any
<br />,r6or4c�Maje�_Er/Ent;"n'Ifi1"W>Ie1}itf'4ft'rrnt-r1�T1�5•T-irready: willing and-abie•tn�performrP1�RCFfA'SF: s a roma ible-fgr-ail-tmnspm'ration;'tteCtxttnYliFdfit1Ti11S;•
<br />expense reimbursements and any of cr paymea sf`or cam + n KURTiar PRDMTCERY'ARTIS7`arrft uan o -5 ff Rss7okhirAgreen=t-
<br />A "Force Majeure Event" shall mean any one or more of the following acts which makes any performance(s) by PRODUCER or ARTIST contemplated by this Agreement
<br />impossible, infeasible or unsafe; acts of God; act(s) or regulation(s) of any public authority or bureau, civil tumult, epidemic, act(s) of the public enemy; act(s) or threats of
<br />terrorism; threats; insurrections; riots or other forms of civil disorder in, or around, the Engagement venue or which PRODUCER and/or ARTIST reasonably believe
<br />jeopardizes the safety of ARTIST, any of ARTIST's equipment, musicians or other performers, or any of PRODUCER's key personnel; embargoes; labor disputes (including,
<br />without limitation, strikes, lockouts, job actions, or boycotts); fires; explosions; floods; shortages of energy or other essential services; failure of technical facilities; failure or
<br />delay of transportation; death, disability, illness, injury or other inability to perform of ARTIST, any of ARTIST's musicians, other performers, crew, representatives or
<br />advisors, nny of ART]ST's family members, any of PRODUCER's key personnel, many-other-perse+rpersonaliylrnawrrto-AST se ca tsa t + y, lyLss'ts�injuw
<br />adve�scly jtppa�ts�R7 SSTs abil' per orm m connection wit the ngagem n , other simitar or dissimilar causes beyond the control of ART] ST or PRODUCER
<br />which make any perfonnance(s) contemplated by this Agreement impossible, infeasible or unsafe.
<br />F. INCLEMENT WEATHER SEE ADDENDUM #
<br />Notwithstanding anything contained to the contrary herein, inclement weather shall not be deemed a Force Majeure event and PURCHASER shall remain liable for payment
<br />to PRODUCER of the full GUARANTEE plus all other compensation due hereunder if the performance(s) is rendered impossible, infeasible or unsafe by such weather
<br />conditions. For clarification, PURCHASER shall remain responsible for all other terms and conditions of this reenter i +o tlJyalj(q cdthtl]odstiorts.
<br />transportation, and expense reimbursements for ARTIST and touring party -.---AGREED To ON THE CONTRACT FACE
<br />A ER�
<br />ANDWHEREAPPLICABLE, SUCH COSTS
<br />G. PRODUCER'S RIGHT TO CANCEL SEE ADDENDUM # ARE ACTUALLY INCURRED,
<br />PURCHASER agwe9V dt-PXODUCER may cancel the ErMemont hereunder without liability by giviggubp PURCHASER notice thereof at least ))may (30) days prior to
<br />the comtncnc cal date of th ngagcmenl hereon rrUpan le 'nation of the Agreement in nse�rtCanec with�tks Section G, PRODUCE shnl3 return ib�E
<br />any depasi reviom:sly received by n connection with 1 agement. Subjcc a foregoing, upon sli a rrnitta[ion tlt parties shall have no
<br />pr o6fi ions hereunder, and each of the parties shall bear its own costs incurred m mmection with this Agreement.
<br />H. BILLING
<br />(1) ARTIST shall receive billing in such order, form, size and prominence as directed by PRODUCER in all advertising and publicity issued by or under the control of the
<br />PURCHASER, including, but not limited to, displays, newspapers, radio and television ads, electric lights, posters, houseboards and announcements.
<br />(2) PURCHASER may only use ARTIST's name and pre -approved: voice, likeness, materials, pictures, photographs, image, orotheridentification of ARTIST (collectively,
<br />"ARTIST's Likeness") in connection with PURCHASER's advertising and publicizing of the Engagement, however PURCHASER's use of ARTIST's Likeness shall not be
<br />as an endorsement or indication of use of any product or service and no corporate or product/service name or logo shall be included in any such advertising and publicity
<br />absent PRODUCER's prior written approval in each instance. Notwithstanding the foregoing, the placement, form, content, appearance, and all other aspects of
<br />PURCHASER's use of ARTIST's Likeness shall at all times be subject to the prior written approval of PRODUCER.
<br />I. MERCHANDISING CFF A D f11= nl f11 M11
<br />1
<br />PRODUCER shall have the exclusive right to sell souvenir programs, ballet books, photographs, records and any and all types of merchandise including, but not limited to,
<br />articles of clothing (i.e. T-shirts, hats, etc.), posters, stickers, etc., on the premises of the place(s) of performance without any participation in the proceeds by PURCHASER
<br />subject, however, to concessionaire's requirements, if any, as specified in this Agreement.
<br />Agreement dated 06 -January -2020
<br />Page 6 of 9
<br />WME Concert; rev. 2014-05-29//updated March, 2015
<br />JOE NICHOLS
<br />KITTITAS VALLEY EVENT CENTER
<br />Seq.: 2856738
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