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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 />$750.00 <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 the <br />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 there <br />are more than one scheduled performance.In the event the Notice is delivered 8 days or more prior <br />to the Artist’s first scheduled performance,no compensation,including compensation for services <br />or expenses,will be paid.Artist shall not be entitled to any expenses for the cancellation of any <br />Performances scheduled to occur after the day of the delivery of the Notice.The Notice may be <br />delivered by email,fax,mail or in person.If delivery is by fax or email,delivery is presumed upon <br />its being sent by the fax machine or email provider.If the Notice is delivered during a Performance, <br />Artist shall immediately end the show in a professional manner and without causing any disruption. <br />The City does not by this section waive,release,or forego any legal remedy for any violation, <br />breach,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 any <br />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 Performances <br />due to inclement weather or emergency.No payment shall be made for such cancelled <br />Performance,except if Notice is delivered the day of or during a Performance,then that individual <br />Performance shall be deemed a completed Performance for the purposes of determining pro rata <br />compensation.If a Performance is cancelled due to inclement weather or emergency and Notice is <br />delivered prior to the day of the Performance,that Performance will not be deemed a completed <br />Performance if this Agreement is later terminated by the City. <br />8.Subletting/Assignments of Contracts.This is a contract for personal services.Artist shall <br />not sublet or assign any of the Performance without the express,prior written consent of the City. <br />Page 3 <br />(Form Approved by City Attorney’s Office July 13,2011,updated January 6,2022)