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The Dance School 6/27/2023
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The Dance School 6/27/2023
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Last modified
6/28/2023 10:32:03 AM
Creation date
6/28/2023 10:31:50 AM
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Contracts
Contractor's Name
The Dance School
Approval Date
6/27/2023
End Date
6/23/2023
Department
Economic Development
Department Project Manager
Tyler Chism
Subject / Project Title
Wendt Awards - Dance Performance
Tracking Number
0003801
Total Compensation
$150.00
Contract Type
Agreement
Contract Subtype
Performer Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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Page 3 <br />(Form Approved by City Attorney’s Office July 13, 2011, updated January 6, 2022) <br /> <br />B. In the event of termination, compensation will be paid in accordance with Section 6 of this <br />Agreement. <br /> <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 /> <br />D. Total compensation, including all services and expenses, shall not exceed a maximum of <br />$150.00 <br /> <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 deliver y 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 /> <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 />
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