HomeMy WebLinkAbout08-0715 Smokin Gunz pg.01-IS
Svnok►., .Gun-L-
PERFORMANCE AGREEMENT
THIS AGREEMENT is hereby made and entered into this /Sr"day of rum y
2008, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City") and Smokin Gunz Entertainment, an
(hereinafter referred to as "SGE"). •
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. SGE shall perform an engagement on August 3, 2008, at Festival Park, Elgin,
Illinois, from 12:00 p.m. to approximately 1:30 p.m.
2. City shall pay to SGE the sum of S750 total compensation upon conclusion of the
aforementioned performance. Ail »Ec K5 PA`'AY .0 To A.tTI E SPEc H r
3. In the event SGE fails to reasonably perform pursuant to this agreement, SGE
shall not be entitled to any payment pursuant to this agreement from City.
4. SGE shall hold harmless and indemnify City from and against any and all
lawsuits, claims for damages, and any and all other liability arising out of or in connection with
SGE's performance of the terms of this agreement, regardless of the basis of such claims, suits,
or other liability and regardless of the alleged negligence of either party hereto. The provisions
of this paragraph shall survive any termination and/or expiration of this agreement.
5. Time is of the essence of this agreement.
6. This agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of
or in connection with-the provisions or performance of this agreement shall be in the Circuit
Court of Kane County, Illinois.
7. The terms of this agreement shall be severable. In the event that any of the terms
or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,
the remainder of this agreement shall remain in full force and effect.
8. This agreement shall not be construed so as to create a joint venture, employment,
partnership or other agency relationship between the parties hereto.
9. This agreement is the sole agreement between the parties hereto. There are no
other agreements, either oral or implied, between the parties hereto.
10. In the event SGE fails to reasonably perform
Smokin Gunz En ertainment City of gin
By By
F:\Legal Dept\Agreement\Performance Agreement-Smokin Gunz.doc