Evergreen Community Orchestra 6/28/2023

Page 3 (Form Approved by City Attorney’s Office July 13, 2011, updated January 6, 2022) B. In the event of termination, compensation will be paid in accordance with Section 6 of this Agreement. C. If Artist fails or refuses to accept direction or carry out the reasonable directions of the City in performance of its work, the City may, in addition to any other remedy, withhold from any payment otherwise due an amount that the City in good faith believes is equal to the cost to the City of remedying any damage caused by Artist’s conduct, including, but not limited to, costs of refunding tickets and procuring covering acts or Performers. D. Total compensation, including all services and expenses, shall not exceed a maximum of $300.00 6. Termination of Contract. City reserves the right to terminate this Agreement at any time by sending written notice of termination to Artist (“Notice”). The Notice shall be effective immediately upon its receipt by Artist, even if just before or during a Performance. In the event the Notice is delivered less than 8 days prior to Artist’s first scheduled performance, the City shall compensate Artist for one-half of Artist’s performance, or one-half of Artist’s performances if there are more than one scheduled performance. In the event the Notice is delivered 8 days or more prior to the Artist’s first scheduled performance, no compensation, including compensation for services or expenses, will be paid. Artist shall not be entitled to any expenses for the cancellation of any Performances scheduled to occur after the day of the delivery of the Notice. The Notice may be delivered by email, fax, mail or in person. If delivery is by fax or email, delivery is presumed upon its being sent by the fax machine or email provider. If the Notice is delivered during a Performance, Artist shall immediately end the show in a professional manner and without causing any disruption. The City does not by this section waive, release, or forego any legal remedy for any violation, breach, or non-performance of any of the provision of this Agreement. At its sole option, City may deduct from the final payment due the Artist (a) any damages, expenses, or costs arising out of any such violations, breaches, or non-performance and (b) any other back charges or credits. 7. Cancellation due to Weather. At its sole option, City may cancel individual Performances due to inclement weather or emergency. No payment shall be made for such cancelled Performance, except if Notice is delivered the day of or during a Performance, then that individual Performance shall be deemed a completed Performance for the purposes of determining pro rata compensation. If a Performance is cancelled due to inclement weather or emergency and Notice is delivered prior to the day of the Performance, th at Performance will not be deemed a completed Performance if this Agreement is later terminated by the City.