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B. In the event of termination, compensation will be paid in accordance with Section 6 of <br /> this Agreement. <br /> C. If Artist fails or refuses to accept direction or carry out the reasonable directions of the <br /> City in performance of its work, the City may, in addition to any other remedy, withhold <br /> from any payment otherwise due an amount that the City in good faith believes is equal <br /> to the cost to the City of remedying any damage caused by Artist's conduct, including, <br /> but not limited to, costs of refunding tickets and procuring covering acts or Performers. <br /> D. Total compensation, including all services and expenses, shall not exceed a maximum of <br /> $1500 <br /> 6. Termination of Contract. City reserves the right to terminate this Agreement at any <br /> time by sending written notice of termination to Artist ("Notice"). The Notice may be delivered <br /> by email, mail or in person. Upon such termination, City will pay the Artist the $1500 stated in <br /> Section 5.D above as final payment. If delivery is email, delivery is presumed upon its being <br /> sent. If the Notice is delivered during a Performance, Artist shall immediately end the show in a <br /> professional manner and without causing any disruption. The City does not by this section <br /> waive, release, or forego any legal remedy for any violation, breach, or non-performance of any <br /> of the provision of this Agreement. At its sole option, City may deduct from the final payment <br /> due the Artist(a) any damages, expenses, or costs arising out of any such violations, breaches, or <br /> non-performance and(b) any other back charges or credits. <br /> 7. Not Used. <br /> 8. Subletting/Assignments of Contracts. This is a contract for personal services. Artist <br /> shall not sublet or assign any of the Performance without the express, prior written consent of the <br /> City. <br /> 9. Indemnification. Except as otherwise provided in this paragraph, the Artist hereby <br /> agrees to defend and indemnify the City from any and all claims arising out of, in connection <br /> with, or incident to any acts, errors, omissions, or conduct by Artist (or its employees, agents, <br /> representatives or support personnel) relating to this Agreement, whether such Claims sound in <br /> contract, tort, or any other legal theory. Solely and expressly for the purpose of its duties to <br /> indemnify and defend the City, the Artist specifically waives any immunity it may have under <br /> the State Industrial Insurance Law, Title 51 RCW. The Artist recognizes that this waiver of <br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW <br /> 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) "City" <br /> includes the City's officers, employees, agents, and representatives and (2) "Claims" include, but <br /> is not limited to, any and all losses, claims, demands, expenses (including, but not limited to, <br /> Page 3 <br /> Yogoman Performer Agreement <br />