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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. PHOTOGi3APHY[TAPING: 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" salariphone"
<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 LAWS 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 />17. COVID-19: The parties agree and understand that the COVID-19 pandemic creates unique health and safety issues that could prevent
<br />this engagement from occurring. With full knowledge of this situation, the parties hereby agree to engage in good faith to discuss any then
<br />current circumstances caused by the COVID-19 pandemic that may affect the engagement and shall abide by the guidelines outlined below.
<br />a. If any state, federal, or county governmental entity cancels/denies permits (e.g„ ban on mass gatherings) this shall be a Force
<br />Majeure event and all parties shall bear their own costs and risk and all deposits shall be promptly refunded to Purchaser. The parties
<br />shall work in good faith to try and reschedule the engagement.
<br />b. If any state, federal, or county governmental entity requires a reduction in venue capacity or imposition of other COVID-19 measures
<br />(e.g., no camping, temperature checks, staggered entry) that Purchaser decides makes the show impossible the Purchaser shall have
<br />the right to attempt to reschedule the engagement, propose new deal terms for the existing engagement (e.g. two shows in the same
<br />day, reduced guarantee) or cancel the event. If Purchaser makes a determination of impossibility under this clause 31 days or more
<br />prior to the engagement Producer shall promptly refund any deposit monies paid. If Purchaser makes a determination of impossibility
<br />under this clause within 30 days or less of the performance date, Producer shall have the right to retain ten (10%) of the artist's
<br />guarantee to cover expenses and any remaining deposit monies shall be promptly refunded to Purchaser.
<br />c. Poor ticket sales are NOT an excuse to cancel.
<br />ACCEPTED AND AGREED.
<br />PRODUCER
<br />ACCEPTED AND A EED.
<br />BUYER
<br />
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