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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 />$1,500 <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 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 <br />shall compensate Artist for one-half of Artist’s performance, or one-half of Artist’s performances <br />if 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, mail or in person. If delivery is by email, delivery is <br />presumed upon its being sent. If the Notice is delivered during a Performance, Artist shall <br />immediately end the show in a professional manner and without causing any disruption. The <br />City does not by this section waive, release, or forego any legal remedy for any violation, breach, <br />or non-performance of any of the provision of this Agreement. At its sole option, City may <br />deduct from the final payment due the Artist (a) any damages, expenses, or costs arising out of <br />any such violations, breaches, or non-performance and (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 <br />that individual Performance shall be deemed a completed Performance for the purposes of <br />determining pro rata compensation. If a Performance is cancelled due to inclement weather or <br />emergency and Notice is delivered prior to the day of the Performance, that Performance will not <br />be deemed a completed Performance if this Agreement is later terminated by the City. <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 />Page 3 <br />(Form Approved by City Attorney’s Office July 13, 2011, updated March 13, 2022)