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J. NO RECORDING/BROADCAST ( cC W %C&-' 1 �\W\
<br />se nor shall it permit or authorize ,o,IJhers (including, without limitation, PURCHASER or venue employees, representatives or contractors) to
<br />PURCHASER shall no! itrecord, lrraadCa51, televise rlm, photograph, webcast, or otherwise reproduce the visual and/or audio performances hereunder (or any part thereof) and/or ARTIST and/or
<br />PRODUCER's personnel at any time during the Engagement. In the event PRODUCER does so grant any of the aforementioned rights, such rights shall be subject to a
<br />separate written agreement and PURCHASER shall be responsible, at PURCHASER's sole cost and expense, for securing any and all necessary third party rights, licenses,
<br />clearances, and permissions (including, but not limited to, all necessary publishing and record label clearances) required in connection with PURCHASER's capture and/or
<br />exploitation of the same. Notwithstanding the foregoing, and further to any additional obligations of PURCHASER to indemnify PRODUCER/ARTIST contained in this
<br />Agreement, PURCHASER shall indemtyfv_nad luald_hgp kfLP�2D�Rh fft6 AkTIST from any and all damage(s) it, or they, may sustain as a result of PURCHASER's
<br />failure to comply herewith. REASONABLE OPPORTUNITY TO CURE
<br />SAID BREACH. SUCH CURE NOT TO
<br />K. PURCHASER DEFAULT OCCUR LATER THAN WITHIN A
<br />REASONABLF TIME PRIOR TO
<br />(1) In the event PURCHASER refuses dffil "�bd"fBi�I'Mf&vide any of the items erein s ec p�y with any rovisions hereunder, and/or fails to promptly make any of
<br />the payments as provided herein and/or fails to proceed with the Engagement and/or fails to furnish PRODUCER or ARTIST with any documentation, tickets or notice or
<br />proof thereof as required hereunder, at the times herein specified, then any such failure shall be deemed a substantial and material breach of this Agreement and PRODUCER
<br />shall have the right (in PRODUCER's sole discretion), without prejudice to any other rights and remedies to: (i) immediately terminate this Agreement and cancel any or all
<br />remaining Engagement hereunder; (ii) retain all amounts already paid to PRODUCER by PURCHASER as partial compensation for such breach; (iii) receive the full
<br />GUARANTEE (or the unpaid balance ihereo0 plus all other payments and other compensation due pursuant to this AgrmmcnI and all out of pocket expenses incurred by
<br />PRODUCER and ARTIST in connection with the Engagement or the transactions contemplated by Elisa Agreement; and (iv) PRODUCER and ARTIST shall have no further
<br />liabilities and/or ns m co ngogemont or the transactions contemplated by this Agreement. For the avoidance of doubt, in all instances
<br />PURCHASER shall remain responsible for all transportation, accommodations, and expense reimbursements for PRODUCER/ARTIST and entourage pursuant to the terms
<br />of this Agreement.
<br />(2) If, on or before the date of any scheduled engagement, PURCHASER has failed, neglected, or refused to perform any contract with PRODUCER/ARTIST, and/or any
<br />contract with any third party relating to this Engagement, and/or any other contract with any other performer for any other engagement (whether or not related), or if the
<br />financial standing or credit of PURCHASER has been impaired or is in PRODUCER's opinion unsatisfactory, PRODUCER shall have the right to demand payment of the
<br />full GUARANTEE and all other compensation due pursuant to this Agreement. If PURCHASER fails or refuses to make such payment forthwith, then any such failure shall
<br />be deemed a substantial and material breach of this Agreement, and PRODUCER shall have the right (in PRODUCER's sole discretion), without prejudice to any other rights
<br />and remedies, to: (i) immediately terminate this Agreement and cancel any or all remaining Engagement hereunder; (ii) retain all amounts already paid to PRODUCER by
<br />PURCHASER as parlial compensation for such anticipatory breach; (iii) receive the full GUARANTEE (or balance thereof) and all other compensation due pursuant to IN
<br />Agreement and all out of pocket expenses incurred by PRODUCER and ARTIST in connection with the Engagement or the transactions contemplated by this Agreement;
<br />and (iv) PRODUCER and ARTIST shall have no further liabilities and/or obligations in connection with the Engagement or the transactions contemplated by this
<br />Agreement. For the avoidance of doubt, in all instances PURCHASER shall remain responsible for all transportation, acconuuodations, and expense reimbursements f r
<br />PRODUCER/ARTIST and entourage pursuant to the terms of this Agreement. AS PREVIOUSLY NEGOTIATED AND
<br />AGREED TO ON THE CONTRACT FACE
<br />L. INSURANCE/INDEMNIFICATION ANDWHEREAPPUCABLE, SUCH COSTS
<br />ARE ACTUALLY INCURRED. t�
<br />(1) PURCHASER shall obtain and maintain, from the date hereof through completion of the Engagement, commercial general liability insurance coverage, including a
<br />contractual liability endorsement as respects this Agreeme E, . tbr..liabili�aithokfrom-IIURCk1ASM—if+FJitEH-t�M-ts Mint shftrg-liques�or frarn-RA,
<br />141te "R's
<br />gnate s tante ), in an amount of not less than i lion Dollars (S1 00,000) per occurrence (but in no event in amounts less than the limits required by the
<br />venue and/or as set forth in the ARTIST rider, if any); business automobile liability insurance covering all owned, non -owned and hired vehicles used by or on behalf of
<br />PURCHASER with -a minimum-oembined-bedily-injtt"nd-property-damage-liability-limit:of-Five-Million-Dollars($f;000;000)-per-aeeurrenee; and workers compensation
<br />and employer's liability insurance (including stop gap liability where applicable) with mirrimtlm-11RTtts'6f Q1iF�[14iiTdR D3thlf� (�1;OOtl 00UJ pErclaim-(bttt-in_no,eyenE us
<br />1jmits-less-tharrtho yawsss7hff ff iimits-required•by-the-venv"nd/or-asset-feeth-in-the4:'FIST-riderTifany}.NAlsy4bMndipg,1)l;.fjD=Oiag ra
<br />•-Bngagement--at-which-the-aHowable-oapaeity-is-in-exeess--of Twenty--Five.-Thousand,(25,ODDLgttend s -ht less-than-Ptfly`f son 50 t] cn acs, c r fired
<br />oommereiat-genera}^liability-insumnee-coveragUltMIr tSfitl-be-in-an-amount-of-not4ess-than-Ten4Ailliot}DoNars ($t6 (iOIS UO per occurrence, and for any n agement at
<br />less`th8ts FiRean-MiHie7n-i�e}Iars-(�r35 008;BOOj perwtut�an a.requiramenls-set-for�h'ssbobo��halF nohhe�censtrued a limitation of any potential
<br />liability on behalf of PURCHASER. All such insurance requiretrIaVDve shall be primary and non-contributory, and shall be written by fnsuranee companies qualified to do
<br />business in the state(s) of the Engagement(s) with Ar.M-Best-ratings-not-lass-than A minus-or-better-fiueh-insurartctrlieith8flf"c brogatien�vith
<br />reapccmo-the-PR.@D'UC6R A,AMSC ansLtht i�resnecfiv�offic t oto �nuoipalst-agents"mpleyess-and,represenlatives-and, shall-provido that the coverage thereunder
<br />may not be materially changed, reduced or canceled unless th ays prior written no ice thereof is fibmished to PRODUCER/ARTIST.-Not-less-ton-ton-days-days
<br />prior to each Engagement, PURCHASER shall furnish PRODUCER/ARTIST with a. IoW of insurance evidencing compliance with the insurance
<br />requirements set forth above nndnamiug�$A3E33R-Ai�TfF�arxhPttDi�U ti rsziirCatars-pftrrcipR35 agCtlS5�t5fployees�ndaapresantnlis
<br />aw eldihanaLjuadLWs. PRODUCER's failure to request, review or comment on any such certificates shall not affect PRODUCER's rights or PURCHASER's obligations
<br />hereunder. Upon request, PURCHASER shall immediately fitmish to PRODUCER/ARTIST a full and complete copy of all insurance policies required to be maintained by
<br />PURCHASER herein.
<br />(2y PURCHASER hereby agrees to save,'indemnify and hold harmless PRODUCER and ARTIST, and their respective agents, representatives, principals, employees,
<br />officers and directors, from and against any claims, suits, arbitrations, liabilities, penalties, losses, charges, costs, damages or expenses, including, without limitation,
<br />reasonable attorney's fees and legal expenses, incurred or suffered by or threatened against PRODUCER or ARTIST or any of the foregoing in connection with or as a result
<br />of any claim including without limitation, a claim for death, personal injury or property damage or otherwise brought by or on behalf of any third party person, firm or
<br />corporation as a result of or in connection with the Engagement, or any acts or omissions of PURCHASER or its employees, agents, or other representatives in connection
<br />with the transactions contemplated by this Agreement, which claim does not directly result from the gi,& s cgligencc of the ARTIST and/or PRODUCER. t
<br />$1 MILLION FOR CAPACITIES BETWEEN 0.2,500; S E E A D D E N D U M#
<br />Agreement dated 06 -January -2020 $3 MILLION FOR CAPACITIES BETWEEN 2,501.10,000; JOE NICHOLS
<br />Page 7 of 9
<br />54 MILLION FOR CAPACITIES BETWEEN 10,001.15,000; KI CfITAS VALLEY EVENT CENTER
<br />$6 MILLION FOR CAPACITIES BETWEEN 15,001.25,000;
<br />WME Concert; rev. 2014-05-29//npdaled March, 2015 AND $10 MILLION FOR CAPACITIES OVER 25,000. Scq.: 2856738
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