Reso 2022-3286 - Laserfiche WebLink

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1. A deposit of zero paid upon execution of this Agreement. 2. The balance of paid on the day of the event. one thousand three hundred Dollars ($ 0.00 ) to be Dollars ($ 1,300.00 ) to be SECTION FOUR LIABILITY FOR EXPENSES All expenses in any way pertaining to the musical group shall be the sole and separate liability of the Contractor. City assumes no financial responsibility of any kind or nature relative to the musical group listed in Section One. SECTION FIVE INDEMNIFICATION The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of the Contractor or any one of its employees, or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees arising out of the performance by the Contractor, including those of its employees and/or agents, of its obligations under this Agreement, including any personal or bodily injury, including death, to any person and destruction of property. SECTION SIX CANCELLATION If the Contractor is unable to perform at the scheduled time/date due to severe illness, acts of God (i.e. hurricanes, tornadoes, flooding, etc), or strikes, epidemics or similar circumstances beyond the Contractor's reasonable control, then Contractor shall immediately notify the City and request cancellation of the Event. In the event of such cancellation under this Section, the Contractor agrees to reschedule the Event, in cooperation with the City within 30 (thirty) days of the canceled Event. In the event the Contractor is unable to reschedule the canceled Event within this time period, then Contractor shall be required to return any funds paid by the City, including but not limited to, the initial deposit. SECTION SEVEN TERMINATION AND REMEDIES FOR BREACH A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. Music Agreement Revised 2/11/19 Page 2 of 7 91