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Home My WebLink About08-1121 Click . Or- 11' 1 THEATREWORKS USA 151 West 26th Street (212)647-1100 New York,NY 10001 Fax:(212)924.5377 Butch Wilhelmi 30930 - 0010001 The Hemmens Cultural Center MOO-11/23/2009 150 Dexter Court Elgin. IL 60120-5527 WORK - 847-931-5905 FAX - 847-931-5940 Dear Sponsor: November 21, 2008 Please see S o sor' Add n u Item A . .7 (THE A TDEWODKS USA CORD ) relating to SPONSORIs esBntation of aii�a u� �i rir.zz CLICK, CLACK, MOO Date(s) /Time(s) Location City and State 23 NOV 2009/09:45AM THE HEMMENS CULTURAL CENTER ELGIN,IL 23 NOV 2009/12:OOPM THE HEMMENS CULTURAL CENTER ELGIN,IL 24 NOV 2009/09:45AM THE HEMMENS CULTURAL CENTER ELGIN,IL 24 NOV 2009/12:OOPM THE HEMMENS CULTURAL CENTER ELGIN, IL 1. SPONSOR shall pay THEATREWORKS USA CORP.: $6,100.00 as performance fee. $6,100.00 TOTAL 2. The total amount due under Paragraph 1 above shall be paid as follows: $6,100.00 to be mailed to THEATREWORKS USA on first day of performance $6,100.00 TOTAL All payments shall be made to THEATREWORKS USA and mailed to the address set forth above, and any payments shall be deemed made only when received. , ACCEPTED • , D AGREED TO: Very truly yours, The City of - Amami, - THEATREWORKS USA Elgids �_ �� -1:« / +". t.�5...- _-'1 SEAN EGALL, A ST ITY MANAGE R BETH PRATHER 227o�Date ** FOR EACH SHOW SITE, PLEASE RETURN TO US WITH CONTRACT: 1) A MAP (can be hand drawn) indicating location of performance site. 2) The name and phone numbers (work and home) of the person our stage manager will contact regarding technical coordination. 3) Schools: In addition, please include name and phone number of principal. • ADDENDUM TO LETTER AGREEMENT THEATREWORKS/USA CORP.-CLICK,CLACK,MOO 1. THEATREWORKS/USA CORP.shall at its sole expense provide the production at the time(s),date(s),and place(s) designated in the letter agreement. 2. SPONSOR shall provide at its expense: a. The theatre or auditorium to above(with stage cleared and complete with adequate stage lighting)made available to THEATREWORKS/USA CORP.exclusively two hours prior to the performance(s). b. 2 people to help load and unload scenery before and after performances and to run lights during the performance. 3. It is further agreed as follows: a. On all billboards,promotional brochures,paid advertisements and on the title page of all programs THEATREWORKS/USA CORP.shall be accorded billing as follows: (name of sponsor)presents the Theatreworks USA production of CLICK, CLACK,MOO b. There shall be no audio or visual broadcast or recording of the performances permitted. • • -religion• d. THEATREWORKS/USA CORP.shall be under no liability for failure to appear or perform in the event that such failure is caused by or due to the physical inability of any of THEATREWORKS/USA CORP.personnel to perform,or acts or regulations of public authorities,labor difficulties,civil tumult,strike,epidemic, interruption or delay of transportation services,or any other cause beyond THEATREWORKS/USA CORP.'s control: but payment due THEATREWORKS/USA CORP.from SPONSOR allocable to such canceled performance(s)need not be made and,if already made,shall be refunded e. in the event SPONSOR cancels any performance(s)for any reason,the SPONSOR shall be liable to THEATREWORKS/USA CORP.for the full agreed upon amount set forth in the letter agreement. f Our pre-show set-up is scheduled to be completed by 2 hour before the scheduled performance time. We cannot begin our set-up earlier in order to allow for earlier seating. If you wish to begin seating prior to 2 hour before the performance,you may do so,but be aware that the performers will probably still be setting up on stage. 4. SPONSOR recognizes that THEATREWORKS/USA CORP. is party to an agreement with Actors'Equity Association and therefore must comply with the following: a. Separate dressing rooms(with mirrors)shall be provided for 3 male and 3 female Actors. Dressing rooms shall be comfortably heated and ventilated(as shall the stage)from the time the first Actor arrives,and shall have entrances and windows properly masked from the public to insure privacy. b. Separate sanitary facilities close to the dressing rooms shall be provided for male and female Actors,shall have hot and cold running water,be clean and sanitary and whenever possible,separate from those provided to the audience. 5. The validity,ce.st,r.,r,,n,Bird eff ct of tI;s agrce..re..t shall be ge,e.r.ed bf the LAWS of the STATE of NEW YORK. If the foregoing and the attachment accurately set forth your understanding with us,kindly sign one completely executed copy of the agreement and return to us. This shall constitute a binding agreement between us. tj OF f<C C4r'o9' l e The Hemmens Cultural Center SHOW: Click, Clack,Moo Date(s): November 23 & 24, 2009 ADDENDUM#1 TO AGREEMENT ATTENTION: Please carefully read each of the additional provisions set forth below. By signing below, you hereby agree to be bound by the provisions contained in this Addendum #1. If there are any conflicts between this Addendum #1 and the terms or conditions of the Letter Agreement, Theatreworks USA's Addendum to Letter Agreement, or the Technical Rider, the parties agree that the provisions of this Addendum #1 shall supersede any conflicting provisions, and shall control, prevail and be given full force and effect in construing the agreement between the parties (the Letter Agreement, Theatreworks USA's Addendum to Letter Agreement, the Technical Rider, and this Addendum#1 are collectively referred to as the"Agreement"herein). A. This Agreement is hereby made and entered into this 27th day of February , 2009, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City" or the "Sponsor"), and Theatreworks USA Corp., a New York corporation (hereinafter referred to as "Theatreworks USA"). For and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree that Theatreworks USA shall present four(4) performances of Theatreworks USA's production entitled Click, Clack, Moo, subject to the following terms and conditions. B. The terms of this Agreement shall be severable. In the event 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. C. This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. D. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. Addendum#1 —Page 1 of 2 m ma E. To the fullest extent permitted by law, Theatreworks USA agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting form or through, or alleged to arise out of or through, any intentional, reckless or negligent acts or omissions of Theatreworks USA officers, employees or agents in the performance of this Agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. F. In the event that Theatreworks USA negligently or willfully fails to perform its obligations pursuant to this Agreement, the City shall be entitled to pursue all remedies afforded by law. In the event any party cannot perform its obligations pursuant to this Agreement due to an act of God, serious illness/accident or force majeure, the parties shall attempt to reschedule the event. If the event cannot be rescheduled, no payments shall be due from the City under this Agreement, and any payments made by the City to Theatreworks USA shall be refunded to City within ten (10) days of written demand by the City. In the event that the City does not substantially perform its obligations herein, the City's liability is limited to the performance fee provided herein. In no event shall the City be liable for any other monetary damages, including, but not limited to, compensatory, consequential or incidental damages, or any costs or attorney's fees, arising from or in any way related to any breach of the terms of this Agreement. G. No official director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. AGREED: CITY OF ELG THEATREWORKS USA By: c` By: ,/ /2_� Sean egall l/ � Its: Assistant City Manager Its: E4€'c4 ',ta . Date: 2/2 01 1 Date: 5 i Addendum#1 —Page 2 of 2