Laserfiche WebLink
B. In the event of termination,compensation will be paid in accordance with Section 6 of this <br /> Agreement. <br /> C. If Artist fails or refuses to accept direction or carry out the reasonable directions of the City <br /> in performance of its work,the City may, in addition to any other remedy, withhold from <br /> any payment otherwise due an amount that the City in good faith believes is equal to the <br /> cost to the City of remedying any damage caused by Artist's conduct, including, but not <br /> 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 /> $3000.00 <br /> 6. Termination of Contract. City reserves the right to terminate this Agreement at any time <br /> by sending written notice of termination to Artist ("Notice"). The Notice shall be effective <br /> immediately upon its receipt by Artist, even if just before or during a Performance. In the event <br /> the Notice is delivered less than 8 days prior to Artist's first scheduled performance,the City shall <br /> compensate Artist for one-half of Artist's performance, or one-half of Artist's performances if <br /> there are more than one scheduled performance. In the event the Notice is delivered 8 days or <br /> more prior to the Artist's first scheduled performance,no compensation, including compensation <br /> for services or expenses, will be paid. Artist shall not be entitled to any expenses for the <br /> cancellation of any Performances scheduled to occur after the day of the delivery of the Notice. <br /> The Notice may be delivered by email, fax, mail or in person. If delivery is by fax or email, <br /> delivery is presumed upon its being sent by the fax machine or email provider. If the Notice is <br /> delivered during a Performance, Artist shall immediately end the show in a professional manner <br /> and without causing any disruption. The City does not by this section waive, release, or forego <br /> any legal remedy for any violation, breach, or non-performance of any of the provision of this <br /> Agreement. At its sole option, City may deduct from the final payment due the Artist (a) any <br /> damages, expenses, or costs arising out of any such violations,breaches,or non-performance and <br /> (b)any other back charges or credits. <br /> 7. Cancellation due to Weather. At its sole option, City may cancel individual <br /> Performances due to inclement weather or emergency. No payment shall be made for such <br /> cancelled Performance, except if Notice is delivered the day of or during a Performance,then that <br /> individual Performance shall be deemed a completed Performance for the purposes of determining <br /> pro rata compensation. If a Performance is cancelled due to inclement weather or emergency and <br /> Notice is delivered prior to the day of the Performance, that Performance will not be deemed a <br /> completed Performance if this Agreement is later terminated by the City. <br /> Page 3 <br /> (Form Approved by City Attorney's Office July 13,2011,updated January 6,2022) <br />