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HomeMy WebLinkAbout09-0720 Fleming - ' o9-oao kV CR_ V Rider attached hereto is made a part of this Agreement FLEMING ARTISTS Corporation This AGREEMENT FOR ARTISTS'SERVICES is made7ialarbetween City of Elgin,an Illinois Municipal Cerperatio hereinafter referred to as"PRESENTER",and Fleming&Associates,Inc.(Federal ID#38-2734120),hereinafter referred to as"AGENCI",on behalf of The Verve Pipe,hereinafter referred to as"ARTIST",includes the following Terms and.Conditions. ''II PERFORMANCE PRESENTER c/v� C r oration ARTIST: The Verve Pipe(band) City of Elgin, an Illinois Municipal€ �� DATE: Saturday,08/01/2009 eA, TIME: 6:30 PM; 1/75' Hemmens Cultural Center 45 Symphony Way c/o Butch Wilhelmi LOAD-IN: 3 PM SOUND CHECK: 4 PM Elgin, IL 60102 US DOORS: TBC CURFEW: PH: 630.773.5552 FX847-931-5940 Cell: VENUE 847-931-5905 Fox Fire Fest ON-SALE TBA 32 South Grove Ave PUBLIC/PRIVAT Public Elgin IL 60120 US TICKET INF N/A WEBSITE: http://www.downtownelgin.com/Page.aspx?ID=102& TICKET WE www.downtownelgin.com/Page.aspx?ID=10 BACKSTAGE: 2&PID=17 TECH CONTACT: Patrick Raddatz TICKET PRICE: $5 GA advance/$10 door/$20 reserved EMAIL: raddatz_p@cityofelgin.org CAPACITY: 15000 ROOM CONFIG: Seated/Standing PH: 847-931-5904 FX: 847-931-5940 Cell: GPL: $0.00 -GPH: $0.00 TOTAL FLAT FEE TO ARTIST: $10,000.00 PAYABLE AS FOLLOWS IN USD FUNDS:et DEPOSIT: $5,000.00 DUE: 7/1/2009 PAYABL TO: LMNO Concerts,LLC(38-3221628) 2nd DEP.: N/A DUE: PAYABLE TO: BALANCE: $5,000 balance upon completion of performance payable to LMNO Concerts.LLC(38-3221628) LODGING TYPE BILLIN Festival 8 single hotel rooms provided OTHER ARTISTS ON BILL CCR headlines TRANSPORTATION Artists will look after their own PROMOTIONAL MATERIAL 0 Press; 0 Photos; 0 Slides; 0 CDs;0 Posters; MERCHANDISE Peen sells,keeps 10%G+ason CDs/DVDs& 30%t Gfons P CONTRACT DUE DATE*19,46149 7/15/2009 soft merch ADDITIONAL CONSIDERATIONS EXCLUSIVITY: 30 miles/from date of confirmation until 30 days after show.Required backstage meet&greet for 10-20 people. All-ages Signature: Date: et -S;gnatoie. .City o gin,an Illinois Municipal Col pc'aGou Corporation. Jiguat.1.,. 00/1 Date: UI U2005 Agent:Adam Bauer I � .ae Rider attached hereto is made a part of this Agreement FLEMING ARTISTS I I 1.PRESENTER'S UNDERTAKINGS:PRESENTER agrees to furnish,at its sole cost and expense,a place of performance on the date(s) and at the times(s)contained herein. PRESENTER further agrees to furnish the technical requirements as specified in attached Rider; and a secure place,capable of being locked,for the storage of props,equipment and the personal belongings of the ARTIST. 2.AGENT'S UNDERTAKING..AGENT agrees to furnish ARTIST(S)necessary to the performance(s)defined herein 3.TAXES,Any taxes imposed on gross receipts by the federal government or by the tax authorities of any state or municipality shall be the sole responsibility of PRESENTER. 4.INSURANCE,PRESENTER warrants that it has both personal injury and property damage liability insurance on the premises at which the performance shall be given. 5.SANITARY WORKING CONDITIONS'PRESENTER agrees to comply with all applicable laws and ordinances pertaining to the maintenance of safe and sanitary working conditions for the performer(s). 6.OBSERVANCE OF LAW"PRESENTER agrees to conform to all federal,state and local laws,orders,and regulations applicable to the performances as defined herein. b , pa.t:ea,e.eg.,;4. of 1,..IaG,i t,,any diaputr a.;a;..s o..t of-k5.«.,...nt. 8.FORCE MAJEURE:In the event of sickness or accident to ARTIST,or if a performance is prevented,rendered impossible or infeasible by any act or regulation of any public authority or bureau,civil tumult,strike,epidemic,interruption in or delay of transportation services,war conditions or emergencies or any other similar of dissimilar cause beyond the control of ARTIST,it is understood and agreed that there shall be no claim for damages by PRESENTER,and that ARTIST'S obligations as to performance(s)stated herein shall be deemed waived. In the event of such non-performance for any of the reasons not stated here,if ARTIST is ready,willing and able to perform,PRESENTER shall pay the full compensation as defined herein,otherwise the monies(if any)advanced to ARTIST hereunder shall be returned on a pro-rata basis. 9.WEATHER;Inclement weather rendering performance impossible,infeasible or unsafe shall not be deemed a Force Majeure event,and payment of agreed-to compensation shall be made as defined herein. If PRESENTER and ARTIST disagree as to whether rendition of performance(s)is impossible,not feasible or unsafe due to inclement weather,BLS determination as to performance shall prevail. PRESENTER'S • 10.ACTS OF REMISSION!In the event PRESENTER neglects to provide ARTIST with any of the contractual obligations as specified in Agreement and Rider,ARTIST shall retain any and all monies previously received as deposit from PRESENTER; PRESENTER.v..rams as and forARTIST'S sole and exclusive remedy. pc.fi,...ra..rz.,..l.a..t-.iith any other ARTIST f. any other engagement,0r if the financial standing or credit of PRESENTER has impair ed or is in ARTIST'S uphrion unsatisfactory,ARTIST shall have the r(ghr to demand paymentTom rict.SEI\t t.R oTcontractea Lo...t,....sat:on. If PRESENTER fails... ..fu..,to.uakr au.L pay-n,rut,ARTIST.clams(Inc.ig.ht to.an.el rugag..uc.,t l,y .roticc to PRESENTER to that effect,and shall retain any monies received preciously Gum PRESENTER fun said enga I 'email]liable lu ARTIST fv. .vnl.a.t..I.on.p...aal;.,.r. 12.PREVAILING TERMS.In the event of any inconsistency between terms of this Agreement and Rider to any rider,addenda,exhibits or other attachments hereto,the terms as stated within ARTIST'S Agr eem.ul au.l shall prevail. PRESENTER'S ADDENDUM 13.EXECUTION OF AGREEMENT/This Agreement cannot be signed or transferred without the written consent of ARTIST;contains the sole and complete terms between parties; may not be amended,supplemented,varied or discharged,except by an instrument in writing by both parties. The person executing this Agreement on PRESENTER'S behalf warrants his/her authority to do so arid o. tLo pay lurid of out.a.led fry in full. The terms"PRESENTER","ARTIST"and "AGENCY"as used herein shall include and apply to the singular,the plural,and to all genders. ARTIST PRESENTER • \® •z FLEMING ARTISTS PRESENTER COPY THE VERVE PIPE CONTRACT RIDER FLEMING & ASSOCIATES, INC. Corporation This Rider is attached to and made part of the contract by and between LNINO CONCERTO LLC, a Michigan Company("PRODUCER") and: corporation The City of Elgin, an Illinois Municipal PURCHASER")for the performance dated August 1, 2009; and hereby adds LMNO Concerts LLC, a Michigan Limited Liability Corporation (hereinafter referred to as "YKuuUCI✓R"),furnishing the The purpose of this Rider is to ensure that the engagement runs as smoothly as possible, taking into consideration both services ARTIST'S requirements and PURCHASER'S production costs. Together with the contract, this Rider constitutes the entire of ARTIST agreement between PURCHASER, PRODUCER and ARTIST and shall not be amended,altered, modified nor canceled. as apart} to said Agreement. Please contact Artist in Mind immediately if you are unable to fulfill any terms of this Rider. CONTACT INFO MANAGEMENT TOUR/PRODUCTION MANAGER Artist In Mind Al McAvoy Doug Buttleman 616-443-4045 14100 Dickens Street#2 almcavoy@mac.com Sherman Oaks,CA 91423 818-906-8020 ph 818-924-1000 fx info@artistinmind.com BUSINESS REQUIREMENTS PURCHASER'S DUTIES reasonably I. ADVERTISING AND PROMOTION: PURCHASER agrees to take the appropriate steps'necessary to stage and promote ARTISTS performance to ensure the success of this engagement. a. Advertisements should include all pertinent information including proper artist name, correct ticket prices, dates,age restrictions, show times, etc.,as listed on the face of the contract. b. Billing: ARTIST shall receive billing in any and all advertising and publicity, including but not limited to: airtime, newspapers, posters, billboards, lights, display, programs, fliers, signs, lobby boards, marquees, etc., in accordance with the percentage stated on the face of the contract. If ARTIST is 100%sole headliner, no other name or likeness shall appear in greater or equal type with respect to size, thickness, boldness and/or prominence. i. All advertising should read: THE VERVE PIPE ii. Only current photos, biographies and related publicity materials may be used. 2.-----lNstwi this rider, PURCHASER assumes full liability and tcsponsiitity f n the ireser station of the show(s) ;n which ARTIST is to appear under this agi eenient. insurance for prope deductibfe. Such policy shall name ARTIST and PRODUCER as primary insureds, and aheH rbrit rre PROBtteER'S or aLuut tl re facility or site, shall Le fully covered. Cmpioyccs, inClti ing-those-involved in the Install-e1 oil, upeietiun yr Motif rter!cif ue of the equipment provided-by 1-'HUUOUtIl or YUHGFIAStii. c. P,vrrsrn�al f1upeutr. r URCI lASER agrees to provide full all-risk insurance cu'erage and accepts responsibility for all of— the ARTIST, PRODUCER and/ur ARTISTS and/ur PRODUCER'S employees, cuntreetors, agents and managers and/ur PRODUCER'S control. 3. LEASES,LICENSES AND PERMITS ARTIST PURCHASER �� 2 a. Permits: PURCHASER shall, at no cost to PRODUCER, obtain any and all necessary permits, licenses, etc. necessary to ensure the smooth operation of this engagement, including but not limited to any permits related to parking, loading and unloading, etc. b. Leases: PURCHASER warrants that it is the owner or operator of the venue or site listed in the contract, or has or will have a valid lease executed in its own name with regard to the venue and date on which this performance is being held. 4. BOX OFFICE PROVISIONS a. Tickets i. ,i,utually ayrccJ upon date. All tickets are to be sold at the price(s) stated on the face of the attached contract. ii. Complimentary Tickets: When ARTIST is headlining, PRODUCER shall receive 30 complimentary tickets per show and each opening act shall receive 10 complimentary tickets. For reserved seating shows, such tickets will be center stage, front or middle of house. PRODUCER'S representative will provide complete guest list prior to doors opening; any unused tickets may be placed on sale the day of performance with the permission of the PRODUCER'S representative. Excluding complimentary tickets fer PRO91JCE11, PUf1Cl IAu-CR agrees to issue .,ompfimentary tit,kets of ,,j inure that{tlre-greatii cif 36 tickets per perforuTant,eur l%-ut uffk,ial Iuuse ae ti„y. PURCI IASEIl ag,ees'hi supply PRODUCER'S representative with a statement detailing tu whorl] these tickets were distributed and also t. during and/or after tho-performanee to examine thc box office records relating to the number-of tiekcts sold and chall aloe- have the right to be present at the door on the night of the performa„ue. atertemeht-withfrrette-l•rottr-foffowilher the-performance. b. Passes: PRODUCER'S representative will carry all necessary passes for the engagement. Passes issued to touring personnel are to have the highest priority. No passes other than those issued by PRODUCER will be acceptable. 5. SETTLEMENT PROVISIONS by City of Elgin a. Method of Payment: Payment is to be made i,r cash (US Dullars), certified cheer ur cast ie,'s check. Ctreokb are -acceptable only with prior approval from I'fiODUCEIl. PRODUCER'S name and FEIN number are: LMNO CONCERTS LLC, 38-3221628. Payment in full is to be made prior to the engagement for all 'flat guarantee' contracts, as well as for any private party or college performances; and after the engagement for all 'percentage' contracts except that for any percentage performances deemed 'sold out' before doors open, settlement will take place prior to ARTIST'S performance. PURCHASER must provide PRODUCER with record of any deposit that was paid. on the fact that admiasion to thc concert/potential grooc has bccn truly rcprecontod. If the gross exceeds this arnuunl, PURCHASER agrees tu pay PRODUCER, in addition tu all other monies due, the amount in full of Such antes. u. Percenlaye Cuntrac,ts. The pruvisiuns of this seutiun 5.t,. pertain only to uurrtrat,ts wtridr specify ttrat ARTIST is to receive a percentage of the door. of tho 4u11 retail ticket price for ill ti ts-aefd--with,ro—claductions except for fade al, btate arrJ/ur tutdl Admissions taxes if stated on the fate of[lie wntrdLt ur alluwable discounts as appruved by PRODUCER. f RODUCER'S represe„tative al-Fansoki-tickets-and-to-verify-ttre bun uffice report by one of thee methods: • Art audit run after the box office has closed, SI,Ovvir iy tutal seat b available, total bold, all complimentary ticket. a,rd tutal seats open u, unsuhi. 2 ARTIS PURCHASER 3 ▪ t' ER—whose payment, if r recessaI y, will be a sl row exper rse. • A tun or nicker cuurrt taken by PRODUCER'S reple eiitdtive. or any ticket tradcsIpromotions approved by PROe GER, wiH be r.,dlr„ulated db sold tickets and PRODUCER If runci IASER charges-less for arimb Turn than the price slated an the-contract, PR6f3UCER will be compensated based on the contracted admission price. Should PURCHASER charge more than ttre cunlrauted price, PRODUCER slidit receive 100%of the amount over the contracted admission price. Ff-the-eemtraet-s•tates-th•atn•o-atfmissi-brHs-to-be-cnarged7and-there-is-evidence-th•at-admfssiorr was-charged- fur ARTISTS penurrndnce, f CHASER- agrees that PROBtfCER-will receive ter6% of the adrrn siu receipts collected. iii. has relied on this estimate to establish a 'Break Fiytne,' or to isterniLrc total a errsea-fur a statement of actual expenses, including certified, bona fide paid bills. If thc final cxpcnam ere lees than estirrtated expenses,therribe'Break PIIint'ar dliruurliaseJ to determine the'Percerrtage of Net'witt-be reduced by the difference between the total estimated expenses and the total actual expenses. Expcnsc-s-irrexees3 of the estimat agreed that the costs fur support acts approved by PRODUCER are included in the total expenses dl id—that—any -Cu-promotion pdr..kdyes most be ill a detailed for lir, siyned by a statiuu v((icidl An invoice number,date and Af1TIST listed asclie rt. Adverti3inq invoices must be original and include gross, net and colnlrrissiorrable rates. Print advents my bills Te-1rlcfrdlli be accompanied by original teen sheets. Only Ilet advertising ratc3 will be accepted for payment at settlement. Expenses for '.,clip Ads' in all print-shall-be pro- rated dccurcliny to the expenses attributable to ARTIST, taking into consideration the number of shows advertised, rate and size, ctc., for both thc ad and cxpcnac3 incurred with them (printing,ertwork pestagc, etei. • If PURCHASER employs an advertising agency to advertise and promote the performance, such costs shall be the sole responsibility of the PURCHASER. 1 • All electronic media buys for ARTI3T'S tour dates dIC to be (redted as uu-op purchases arid payments. Piggyback or dual talent spots will rot be allowed for payment. d. Fraud: Counterfeit tickets and/or bad checks and the like are the sole risk and liability of the PURCHASER. No loss of expense arising from such shall be charged to PRODUCER. e. Ticke participating station. All Iddio tie-ins must be WUrdir rated tlriUUl111 dlid dlj moved b Wand ertiei'rt. 6. CONTROL OF PRODUCTION: PRODUCER is to have exclusive control over the production, presentation and performance of ARTIST, the sole right to change the performing personnel other than ARTIST and absolute-authority in directing personnel operating all lighting and sound equipment during rehearsal and the performance(s). a. Access to Venue: Venue is to be made available to the hired sound/light crews and ARTIST'S crew for set-up and sound check nrirrimurll of four (4)fruuls prior toll re time that duurs upen to tlic-public.. PURCHASER must advise PRODUCER in advance of any complications that may impede a standard load-in process. b. Sound check: Regardless of billing, PURCHASER is to ensure ARTIST'S right to have a sound check to the satisfaction of ARTIST before doors are opened. In general, all efforts should be made to complete sound Checks diate working personnel may be present. Event is outdoor festival that opens at 12:00 noon. 3 ARTIST PURCHASER • e. Doors: Doors will not be opened to the pubfc/dJuiittai!Le to tine lidil will nut be permitted until ARTIST lias completed their sound check and the PRODUCER'S representdtive lids Lunsented to doors opening. d. ig s s a by the Fire Mdrshdll and tIiuse used t,y ARTIST. e. Recordinq: ARTIST has the sole right to film, photograph, record, audiotape, videotape or otherwise reproduce ARTIST'S performance without any compensation due venue. f. Length of Performance: When headlining, ARTIST'S performance time is approximately 75 minutes (or longer, at ARTIST'S discretion). H is the PURCI LASER'S responsibility to ensure that no supNu,iing ARTISTS perfvm,an ce delays or curtail3 ARTIST'S performance and to bear any additional costs incurred should ARTIST'S performance be When supporting,ARTIST is to receive a minimum set time of 45 minutes, unless the contract states otherwise. g. Set Change: Regardless of billing, ARTIST is guaranteed a minimum of 30 minutes for set change. h. and to determine their staging setup, length of performanu -,peifuiiiic lice lime, vulunre level dud use of any and-all 7. MERCHANDISING a. Rights: ARTIST'S designee shall have the sole and exclusive right, but no obligation, to sell ARTIST'S merchandise, including but not limited to CD's, articles of clothing, souvenirs, books, posters, stickers, etc. on the day of the concert. If ARTIST'S representative requests it, PURCHASER agrees to provide a responsible person to sell ARTIST'S merchandise from the time the venue doors open until all performances for the event are over. PURCHASER agrees to use its best efforts to prevent the sale of ARTIST'S merchandise by any unauthorized person(s), and ARTIST agrees that it will not sell any food or beverage items. b. Fees: ARTIST will retain 100°X4 of the proceeds from merchandise sales to the engagement. in accordance with the terms and provisions on the face of the contract. c. Vending Space: PURCHASER agrees to provide a space that is well lit and secure, with adequate table or counter space‘ . The space shall be in an area that is easily visible to the public, e.g. along or near the main traffic areas, near the entrance/exit, etc. 8. SECURITY a. Security Personnel: PURCHASER agrees to provide sufficient security to ensure the safety of the ARTIST, ARTISTS crew, auxiliary personnel, instruments, and personal property. Security shall be available from the time the ARTIST arrives,through the time that the ARTIST'S equipment is removed. i. Security shall be easily identifiable, professional and unarmed and shall be present at all entrances to the venue, the backstage area, front of stage, front of house sound and lighting position and ARTIST'S vehicles(at times deemed appropriate by ARTIST'S representative). ii. A meeting between ARTIST'S representative and the head(s) of security is mandatory and shall take place at the ARTIST'S production office approximately 30 minutes prior to doors. b. Dressing Room: The dressing room must be lockable and the key provided to ARTIST'S representative or security guard must be at the door at all times during the engagement. c. Audience Prohibitions:Glass ,cans,any/all types of fireworks or anything else deemed hazardous by ARTIST'S representative are not permitted in the venue. Further, any audience member causing a disturbance or considered potentially harmful to the ARTIST,ARTIST'S crew and/or other audience member shall,at the request of ARTIST'S representative, be immediately removed by security personnel and denied re-entry for this engagement. d. Recording Devices: Cameras and recording devices (audio and/or video) are not permitted unless approved by ARTIST'S management. 9. PUBLICITY,SPONSORSHIP&ENDORSEMENTS a. Name and Likeness: In no event shall PURCHASER use or authorize others to use ARTIST'S name/likeness for any purpose other than for the presentation, advertising, publicizing and promotion of this engagement ARTIS PURCHASER (C.-- 4 5 and in no event shall ARTIST'S name/likeness be used or appear to be used as an express or implicit endorsement by ARTIST of any product, service, organization or any other company, cause or campaign, without PRODUCER'S prior written approval. b. Sponsorship/Co-Promotion: With the exception of any sponsorship provided for on the face of the contract, it is understood that PURCHASER shall not co-promote or otherwise tie-in the engagement with any radio or television station, newspaper or other publication without the prior written consent of management. c. Interviews and Appearances: PURCHASER shall not attempt to commit ARTIST to any performance, personal appearance, interview or other type of promotion or publicity. All such requests should be made to management. d. Sianagc Prohibitions: Thcrc shall b ern-err-rteaf--err-vievaahrle-frerm-the-stage-wttere-ARTiS-T--.rstrr perform. e. ccrcmonica at intcrmisoion (if one) except those that AfiTlCT/Ria dp}.i uvod. 10. CANCELLATION a. Cancellation Provision: PURCHASER agrees that PRODUCER, without limiting any other rights or remedies, may cancel the engagement hereunder at PRODUCER'S sole discretion without liability, by giving PURCHASER a S-45 day notice. b. Force Maieure: If any illness, injury, accident or death affecting ARTIST or his family or any one of his musicians or their families results in either a delay or a partial or complete non-performance of this agreement; or if ARTIST'S performance is or might be interrupted, impaired,delayed, interfered with or rendered impossible or impracticable or hazardous to ARTIST, ARTIST'S crew or the public by an event of or the threat of force majeure (including but not limited to war, whether declared or not), weather, fire, flood, civil disturbance, strike, lockout or other labor dispute, act of God, epidemic, any order, rule, regulation or act of any governmental authority, absence of power or other essential services, or failure or delay of transportation or any other cause or by any event not within PRODUCER'S control, the parties hereto agree that: i. PRODUCER shall be relieved of all of PRODUCER'S obligations under this agreement;and ii. Neither PRODUCER nor ARTIST shall be liable or responsible for (and PURCHASER shall indemnify ARTIST and PRODUCER from) all claims, damages, costs and/or judgments related to such delay, partial or non- performance that results, as determined by PRODUCER solely, in good faith, from any of the events or threatened events specified in this section 10.b. iii. Notwithstanding the foregoing to the contrary, if ARTIST is ready, willing and able (but for the force majeure event) to perform or if ARTIST'S performance is terminated or canceled for any reason other than ARTISTS breach, PURCHASER shall pay to PRODUCER all monies due PRODUCER under this agreement in full and without set-off or reduction, as if ARTIST'S performance had occurred in full. c. Inclement Weather shall not be deemed to be a force majeure occurrence and PURCHASER shall remain liable for payment of the full contracted amount in the event of cancellation due to inclement weather. ARTIST shall have the 'sale right to determine, in good faith, if weather conditions render the performance impossible, hazardous to the ARTIST and/or his equipment or unsafe and meriting cancellation. i. PURCHASER assumes full responsibility for the risks involved in the production of an outdoor event and agrees to provide appropriate shelter from the elements, along with proper grounding for electrical facilities in order to protect ARTIST and its equipment. ii. In the event of inclement weather, PURCHASER must make appropriate arrangements for an alternate, indoor location within one hour of the contracted starting time. ARTIST reserves the right to approve said location. If feasible, The Hemmens Cultural Center will be the alternate location. 11. LEGAL a:. Hold--tar l be safe for all persons and property, free from any riak of danger or hazards to life,health o, property. PURCHASER i,,-sv+a•1y-r-us},e,rsibfu-#ar-} evieti,ry alyd,lrai itdifi;ng sticll safe wilditiuns. PUR6I IA3ER dues hereby indemnify, save and hold harmless PRODUCER, AIL representatives, affiliates, liecnacca, a d . 5 ARTIST ,�-1" PURCHASER 6 c• nection with any breach or alleged breach by PURCHASER or any bodily injury, death or loss of or damag: to pro•-rty in any way related to the concert event(s). b. Insuran•-: It is specifically understood that ARTIST'S performance after any failure of PURCHASER to provide any of the in .rance policies, certificates, licenses, permits, receipts or other documents required or t • failure of PURCHAS - to provide same, shall not be deemed a waiver of any of PRODUCER'S rights or remedi: or of any of PURCHASER obligations hereunder. PURCHASER represents and warrants that it presently c• ries insurance with sufficiently igh limits to adequately insure against the risks assumed and obligations dertaken in this contract. c. Taxes: If there is an .ssessment of tax by any taxing authority for moneys earned dud . the performance, said taxes shall be paid by -_ RCHASER. It is fully understood and agreed that no deductio• whatsoever in respect to such taxes shall be taken •m ARTIST'S contracted guarantee or any percentage earn:. hereunder. PURCHASER agrees to pay all federal, st- - and local taxes/dues and to indemnify and hold ART T harmless from payment of such taxes. d. Compliance With Laws and Reou :tions: Nothing contained in this agreeme t shall be construed to require the commission of any act contrary to la, or in violation of the rules or regulati• s of any union, guild or similar body having jurisdiction over services of AR T or over the performance. In th- event any provision of this agreement is determined by a court of competent juris.' tion (or by arbitration)to be v• d, illegal or otherwise unenforceable,then this agreement shall continue in full force a . effect between the partie• as if that provision had never been a part of this agreement. e. Breach: Each and all of the terms and condi'.ns of this rip-r and the contract are essential. In the event PURCHASER refuses or neglects to provide any o the item pecified in this 'Business Requirements' Section of the rider or fails to furnish the type, size or qualit of P' system, lighting system, personnel or anything else described in the'Technical Provisions'section, or fails t. v:ke any of the payments required, ARTIST shall consider it a breach of this agreement. In the event of a material . -ach by PURCHASER, PRODUCER may, without limiting PRODUCER'S rights and remedies, cancel the perfo an : without any further liability to the PURCHASER, and PURCHASER shall be obligated to immediately pay e full co racted price to PRODUCER. f. Choice of Law: This agreement is governed b the laws of the ate of Michigan and both parties agree that the courts of Oakland County, MI shall have sole - d exclusive jurisdicti.' in the event of litigation. g. Liability: It is expressly understood and agreed that ARTIST is an inten.-d third party beneficiary of this agreement between PRODUCER and PURCHASE-, but is not a primary party to this -•reement. h. Remedies: It is expressly understood and agreed that all remedies granted t► PRODUCER are cumulative and in addition to any other remedies •at are available to PRODUCER and the ele. ion of one remedy shall not bar recourse to another. The prey-'- ng party shall be entitled to recover its expenses f• litigation and arbitration. i. Assignment and Dele.atio•. PURCHASER may not assign its rights under this ag -ement. PRODUCER may assign, pledge or hypot -cate its rights to payment under this agreement. Each part may delegate such of its duties as do not requ' - the judgment or discretion of such party; however, such deleg:tion of duties shall not constitute an assign. ent of rights nor shall it excuse the party from liability for the failure •f performance of the delegated duties. j. Waiver: Any ,aiver by PRODUCER of any breach of this agreement shall not constitute a wai'-r of any other breach of th'- agreement. In the event PRODUCER performs under this agreement notwithstandin• the failure of any condit•.n precedent to the performance, PRODUCER retains the right to pursue any of its remedie for breach and shal of be deemed to have waived such rights by performance. k. Pre ption: PURCHASER shall advise ARTIST'S booking and/or management upon signing the contract a • this agr ement if any of the conditions or requirements cannot be met. Thereafter, once ARTIST has arrived a he nuc, rfODUCEfi shall have the right to refuse to peifurm if any of the teens have riot been .uinptied with, ' i which coat ARTIST shall be entitled to full co,rtpeIisatiuir. I. Successors: This agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs,assigns and successors in interest. ARTIST I/A' PURCHASER 6 • THE VERVE PIPE CONTRACT RIDER (TECHNICAL) To save time and to be totally clear, please do not amend or change this rider for return. Instead, read each item carefully and on separate paper note any objections, questions or difficulties as they relate to your situation for each category. By telephone and/or personal advance, each item will be dealt with by a representative of THE VERVE PIPE. TOUR MANAGER: AL MCAVOY Cell 616.443.4045 FAX 616.874.8808 POWER REQUIREMENTS PURCHASER shall ensure the safety and good working condition of the power at the venue and/or site for this engagement(s). Further, PURCHASER shall ensure the proper fusing, spare fuse, disconnect switch and voltage that shall vary no more than (5%)five percent from no current to full current drain and that the following power requirements are sufficient: 1. For the Stage Area: Five (5) 20 amp quad boxes; one (1) downstage left, one (1) upstage left, one (1) downstage right, one(1)downstage left,one(1) upstage center. 2. For Sound: Sound power must have a transformer and earth ground separate from the lighting service and sufficient power for the in-house system. When PRODUCER is supplying sound system we require one (1) 200 amp, three phase 208 volt service within 50 feet of the stage with an earth ground in the same vicinity. 3. For Lighting: Lighting power must have a transformer and earth ground separate from the sound power and sufficient power for the in-house lighting system. When PRODUCER is carrying its own conventional lighting equipment, we require (1) 200 amp 3 phase service with 120V AC (120V btwn hot leg and neutral). This power service must be within fifty feet of the stage and also have its own earth ground within the same vicinity. a. When PRODUCER is carrying its own intelligent lighting equipment we require one(1) 100 amp single phase service with 208 volts between the hot legs and this service must also be within 50 feet of the stage and have its own earth ground. 4. Shore Power: Shore power at 220 volts,3 wire and 60 amps required for one(1) bus. a. Unless shore power is readily available, ARTIST'S tour bus will run its generator from its initial arrival through its final departure. 5. Generator Power: If generator power is needed, we require one @ 75kw. A technician from the generator company must be on site until the load out is complete. ON STAGE SOUND SYSTEM/MONITORS When PRODUCER is not carrying its own monitor system, the provided monitor system must be of professional quality with nine (9) 500 watt.wedges (preferably 15"x 2") and two (2) 1000 watt, tri-amped side fills for at least 7 separate bi-amped mixes. Recommended: EAW,JBL, EV and Turbosound. Please see stage plot for correct placement. 1. Mixing Console: A separate, on-stage monitor desk is essential with at least forty (40) inputs and twelve (10) mixes. Requested consoles are: MIDAS XL250, YAMAHA PM4000. 2. Signal Processing: One (1) monitor outboard rack containing at least seven (7) 31 band EQs (K.T., TC or BSS)Three(3) channels of insertable Gates(BSS or DBX). 3. DI's, MICS AND STANDS: Minimum microphone requirements are : -One (1) Beta 52 7 • -Two(2)Shure beta 57 - Four(4) Shure SM-81's - Four(4) Shure Beta 98 - Five(5) SM-58's -Two(2) Shure KSM 32 or SM-57's -One(1) M-88 Mic stands needed are: -Nine(9) short boom -Six(6)tall boom -Two(2)tall striaght stands Direct Box Requirements are: - Four(4) ProCo DI Boxes WIRELESS SYSTEM(S) Please note that ARTIST carries its own wireless in—ear system. This system is a Shure PSM 600 Series and utilizes the following frequencies. Unit 1: Ch1= 642.275mhz Ch2= 646.500mhz (Brian) Unit 2: Ch1= 626.475mhz Ch2= 632.550mhz (Donny) Unit 3: Ch1= 655.250mhz Ch2= 656.500mhz (Doug) Unit 4: Ch1= 629.975mhz Ch2= 634.775mhz (Joel) ARTIST also carries its own wireless instrument systems. These systems are Shure Diversity Marcad utilizing the following frequencies: Unit 1: Ch1= 782mhz Ch2= 806mhz (Joel) Unit 2: Ch1= 782mhz Ch2= 806mhz (A.J.) Unit 3: currently n/a (Brian) The use of these wireless systems is imperative to the show so if you foresee any problems with this, immediate notification is vital. FRONT OF HOUSE SOUND SYSTEM When PRODUCER is not carrying its own sound equipment, the provided sound system must be of professional quality, phase- coherent minimum 3-way stereo and tri-amped producing full-range, low-distortion sound at levels of 115dbA at mix position and capable of providing an even coverage of the venue. Please provide a talkback mic from FOH to stage as well as clear com from FOH to monitor world. 1. Speaker System: Flying the mid/hi boxes and ground stacking the subs is required wherever possible with a ration of twelve (12) boxes, 8 (eight) tops and 4 (four) subs and 20,000 watts per 1,000 people. Recommended cabinets are: Meyer MSL 3, EAW and JBL. 2. Mixing Console: Console must have at least 40 inputs with each channel having phantom power, phase reverse, four band parametric eq, and eight-post-fade aux sends. Output section must include at least eight subs and separate control for each zone (i.e.center fill,delays etc.). Preferred consoles are:Yamaha PM 4000 and 3500, Midas XL200. 3. FOH Signal Processing:Any system EQ's,compressors, processors and/or crossovers MUST be located at the FOH mix position and the ARTIST'S FOH engineer will have complete control and access to all system parameters.Minimum FOH procession requirements are as follows: -Two(2)31 band graphic EQs on each main output. Requested are BSS and Klark-Teknik. -One (1)stereo system compressor(DBX and Behringer) - Five (5)channels of insertable gates (Behringer, Gatex,Aphex 612 and Symtrex 564) -Six(6)channels of insertable compression (BSS, DBX 160 and Behringer) -One(1)digital delay(Roland, Korg and Lexicon PCM 42) -Two (2)stereo reverb/multi effects units (Yamaha SPX 900,990 or Rev 500 or LPX-15) -A good quality CD and cassette or deck wired to play and record. 4. FOH POSITION: The FOH position must be situated at least 70 feet in front of center stage with audio control directly on the floor with lighting control on an 8'x 8' X 1' riser directly behind the audio control. LIGHTING When PRODUCER is not carrying its own lighting system, the following minimum lighting system requirements are essential N/A and must all be in excellent working condition: at least sixty(60) 1000 watt PAR 64s,a dual scene lighting console with dimmers 8 9 and at least 12 presets and the proper number and size of gels for at least 8 colors (not including no-color). Lighting console must be at the FOH position. Two (2) follow spots required when deemed necessary in the "advance"of the engagement(s). For outdoor shows, 90-120 watt PAR 64s is required as one(1) hazer and one(1)fogger. STAGING 1, Stage Requirements: PURCHASER agrees to provide a level and secure stage with minimum requirements of forty(40) feet wide (excluding sound wings) by thirty two (32) feet deep and four (4) feet high with sixteen (16) feet of headroom/clearance above the stage. Stage should be available and clean at agreed time of ARTIST'S load in. 2. Riser Requirements: ARTIST requires two (2) 8' x 8' risers, one being 18 inches high and the other 12 inches high. See placement indicated on Stage Plot. The risers must be capable of supporting 200 lbs per square foot, be skirted in black and have a surface free of holes and protrusions. Rolling risers are required if movement is necessary. 3. Barricade: Barricades must be used at all shows. They must be#t-Kitjh-x 4 ft from stage. Total width at front of stage must match the width of the hall. There must also be a barricade around the FOH mix position. Oan;catfc3 should be r. 4. Load In/Load Out: Load-in time to be coordinated in the advance of the engagement; however, PURCHASER must be advised in advance of any and all complications, obstacles and/or adversities that may impede a standard, convenient and speedy load-in process. (i.e. parking, traffic, direction, stairs, ground surface etc.). PURCHASER must provide proper ramps and personnel as deemed necessary by the ARTIST'S representative. PERSONNEL PURCHASER must ensure that all personnel listed hereunder, required for the engagement(s), shall be fully qualified, sober, punctual, English speaking and with a good working "attitude." PRODUCER reserves the right to exclude any personnel expenses from the show expenses at settlement of any (if any) persons not meeting the above provisions as deemed (in good faith)by PRODUCERS' representative. 1. Loaders/Staqe Hands: Five (5) stage hands are required for assistance in unloading, setting up and reloading of ARTIST'S equipment. Adjustments may be made in the settlement for the failure (if any) to provide the required number of stage hands/loaders at the proper time(s). a. If the PURCHASER hires in Sound and Lights for the engagement, it is deemed the PURCHASER'S responsibility to provide an adequate number of stage hands to load in Sound and Lights and coordinate with the Sound and Lighting company at what time this should take place. In general, load in for Sound and Lights should commence at least 6 hours before sound check. 2. Runner:A runner(who is a safe, legal driver with a good knowledge of the local area)with a clean, reliable vehicle(which must have current,full liability insurance)to be under the direction of the ARTIST'S representative shall be available from PRODUCERS arrival until the departure on the date of the engagement. All wot -oTCx",,ses incurred by said rJ,n,c, v,,AnTICT'S a,,J/U, fialf-ifl=show-eosts''at-tire-time-of-setttement:-Without-limitingthe foregoing, PRODUCER further iase,ves the righttu Nay said expensea ini,uned dud!rut have them irwluded in show cust(s). 3. Technicians: Two (2) fully qualified sound technicians (one monitor, one system) familiar with all the parameters of the provided sound system and two qualified lighting technicians/operators familiar with all the parameters of the provided lighting system shall assist the ARTIST'S crew in the set up, sound check and performance. 4. Electrician:A qualified electrician familiar with the venue's electrical power supply must be available from the time of load in until the completion of load out.The costs of this service shall be the sole responsibility of the PURCHASER. PARKING AND TRANSPORTATION 1. Parking: ARTIST requires parking space for one (1) tour bus. It must be available upon arrival of the ARTIST or at the arranged time of load-in, whichever comes first. This does not include the sound and lights vehicle(s), should the PURCHASER be hiring sound and lights from an outside vendor. �l ARTIS ; PURCHASER 9 J 10 a. The space for the bus must be near the backstage entrance to the venue and the vehicle must be able to remain stationary for the length of the engagement. If need be, the PURCHASER must cone off the area the night before and apply for whatever parking permits may be required to have this area set aside for parking of these vehicles. 2 --T-r-a at' c PUfiClIASER is to pr t passenger-van-anti mill be used for airport pick-ups al id dueic:3 to and from the hotel and venue. PRODUCTION OFFICE/TELEPHONES A-leckablc effiec with three keys, near the at . 1. Tvvo (2) direct line phones and one fax fine independent of the venue switt-htivard will lie required. Nunrhers for these exclusive u3C of ARTIST pruductiorr. DRESSING ROOMS One Class "A" motor coach will be provided for use by ARTIST. One large comfortable room with direct access to the stage (ARTIST does not have to pass through the audience area)will be required for ARTIST. It must be equipped with 2 full-length mirrors, a clothes rack with hangers, a trash can, a sink, private toilet and shower facilities, hand soap and a dozen large bath towels. The room should have 110V 2x20amp circuits.The room must be outfitted with comfortable furniture, coffee tables, etc. to accommodate 12 people. PURCHASER agrees to station a security man outside the dressing room door as soon as required to do so by the ARTIST'S representative. The rooms must be lockable, and keys made available to the ARTIST'S representative. These room(s)are for the exclusive use of ARTIST. 12 In the event that a clean hot shower is not available, PURCHASER agrees to provide a room for this at a nearby hotel at no expense to the PRODUCER. GENERAL CATERING • 1. Guidelines: . Only the ARTIST'S crew and essential working personnel who cannot leave the hall during their shifts will be fed. Specifically not included will be security personnel, separate local contractors, electrical, sanitary, equipment suppliers, etc., cleanup crews, stadium or municipal personnel and all non-essential, non-working personnel. All numbers mentioned below refer to the PRODUCER'S touring crew only. 'All meals to include ample seating,tables, utensils, seasonings, ice,accoutrements, etc. in a clean,sheltered area. CATERING SCHEDULE 1. Load-In Time: Coffee, tea, water, juice, Gatorade, Evian, Snapple, 7-Up and milk. Cups and ice should be available to crew members all day. Drinks should also be available after the show during teardown. Deli tray, for 12, hot or cold sandwiches, with a small assortment of meats, cheeses, breads and condiments - please supply a few paper plates, plastic utensils and napkins. 2. Dinner: Hot dinner to include starter, quality entrees, vegetables, salad and dessert for touring crew and drinks as above. Please put the emphasis on quality rather and quantity. Twelve (12) servings (for touring crew and band)OR a cash buy out of no less than$15 (or£10) per person. Preferences for dinner include: Italian, Chinese, Indian and Thai. PLEASE NOTE THAT THERE ARE TWO VEGETARIANS DRESSING ROOM:to be in place 30 minutes prior to the arrival of the musicians-see"Dressing Room Catering,"attached. DRESSING ROOM CATERING Coffee/Tea - Fresh ground coffee and filter coffee maker - Real coffee mugs/cups - Good selection of tea bags (to include a variety of black, green and herbal teas) - Honey,sugar and lemons Drinks - Twelve(12)cans assorted soda(Coke, Diet Coke, Mountain Dew,etc.) - Twelve(12) bottles imported beer(Bass, Heineken,and/or Amstel Light) - Twelve(12)bottles domestic beer(Sam Adams, Budweiser or Rolling Rock) - One (1)quart bottle of Jack Daniels - One(1)bottle of quality red wine(prefer Cabernet, Merlot, Pinot) - Twenty-four(24) .05 liter, plastic bottles of spring water - Ten (10)assorted 12 oz bottles of Gatorade in various flavors (include original flavor) - Two(2)quarts 2%milk Snacks 10 ARTIST ' PURCHASER Cl 11 - One(1)small fresh fruit basket(whole, uncut fruit,apples, oranges, bananas, etc.) - One (1)fresh vegetable tray(carrots, broccoli, celery,etc.) - One (1)fresh deli tray with various meats(turkey/ham/roast beef/salami)for sandwiches - One (1)loaf of good crusty wheat or white bread - One(1) large bag tortilla chips - One(1) 16 oz jar of medium spicy salsa(prefer Ortega) - Four(4) packs of chewing gum (assorted flavors, include cinnamon and Dentyne Ice) - Bowl of assorted candy such as mini candy bars, etc. - One (1) Kellogg's Variety Pak of breakfast cereal - Assorted condiments(small bottles/servings of mayo/mustard/any others) Miscellaneous - Knife&cutting board - Twelve(12)clean,dark colored stage towels - Twenty-four(24) large plastic cups After Show(please provide at ARTIST'S bus after the completion of load-out) - Two(2) large bags of ice - Two(2) large hot pizzas: one pepperoni w/mushrooms or sausage&one vegetarian Please check with Tour Manager for possible substitutions AGREEMENT This agreement, consisting of the contract and this attached rider, constitutes the sole, complete and binding agreement between the parties hereto. All of the provisions of the contract and this attached rider are of essence, and failure of the PURCHASER to comply with any of these terms and conditions shall constitute a material breach. If PURCHASER has and/or foresees any problems fulfilling any part of this contract and/or attached rider or wishes to make a modification, notification must be given in writing to Fleming Artists no later than fourteen days (14)days prior to the date of the engagement. TERMS AND CONDITIONS OF THIS RIDER ARE HEREBY AGREED AND ACCEPTED AGREED AND ACCEPTED BY: AGREED AND ACCEPTED BY: X X I. 1 PURCHASER LM 0 Concerts, LLC , Thank you for taking the time to read through this rider. We appreciate the time and effort taken to fulfill it. 11 - 12 THE VERVE PIPE Updated 11.6.08 INPUT INST. MIC INSERT LOCATION 1 KICK Beta 52 GATE DRUM RISER USR 2 SN TOP sm 57 3 SN BOT sm 57 4 HAT SM 81 5 RACK SM 98 GATE 6 FLOOR SM 98 GATE 7 OHSR SM 81 8 OHSL SM 81 9 RIDE SM 81 10 PERC.T1 SM 98 GATE KEY RISER USL 11 PERC.T2 SM 98 GATE KEY RISER USL 12 EMU L ACTIVE DI COMP KEY RISER USL 13 EMU R ACTIVE DI COMP KEY RISER USL 14 LESLIE L XLR KEY RISER USL 15 LESLIE R XLR KEY RISER USL 16 BASS DI DI COMP DSR 17 BASS MIC M88 COMP DSR 18 ACC GTR ACTIVE DI COMP DSC 19 BRI GTR KSM 44/32-sm57 SC 20 AJ GTR 1 KSM 44/32-sm57 COMP SL 21 AJ GTR 2 KSM 44/32-sm57 COMP SL 22 JOHN VOC Beta58 COMP DSR 23 BRIAN VOC Beta58 COMP DSC 24 AJ VOC Beta 58 COMP DSL 25 DON VOC SM58 COMP DRUM RISER USR 26 DOUG VOC BETA 87 KEY RISER USL 27 GRIFF/HARP SM57 USC TOUR MANAGER- AL MCAVOY 616.443.4045 / almcavoy@mac.com 12 7 THE VERVE PIPE MIX 4 AC MIX 5 AC DCNNY KEYS & PERCUSSION VOX tom2 DCUG tomi VOX DRUM KIT AC 0 111151010 AC 8 x 8 x18"riser GTR- CENTER 8 x 8 x 12" riser BASS TR- SL MIX 6 JOHN MIX 7 VOXBRIAN VOX DAN 0 41* tit tit AC-DI PLE ASE CON TAC T : AL MCAWY @616.443.4045 or email almca✓oyQ'nac.wm *Mix 8 is for a drum sub(2-15" or 1-18"). *Mix 9 & 10 are stereo ears (we carry)for the drummer (mono is fine as well). The Verve Pipe- Backline- updated 11 .6.08 *Drums: DW Kit: 4 piece Kick: 18"X22" wl dw 5000 pedal snare: Brass 6 112"X14" Rack: 9"X13" , or 9"X13", or 12" Floor: 16"X16", or, 15", or 14" 5 Cymbals: (2) 19" A crash custom or just A (2) 17" A crash custom or just A (1) 22" A Ride custom or just A & enough hardware to get everything in the air with different configurations. 14" new beat or KZ hats. Swivel base hat stand. DW low stool hardware & DW seat. *Bass: Ampeg SVT Classic tube head with a 8x10 cab *GTR: Amps : 1 Fender twin 1 Mesa boogie dual rectifier(with channel switcher pedal & cabinet), or Marshall JCM-900 (with channel switcher pedal & cabinet) 1 Marshall JCM 800 100watt 1 Marshall 1960A slant 4x12, vintage 30 Celestions 1 Vox AC30 (no CCM models!!!)- second choice Fender Twin 1965 reissue (no red knob or master volume "evil Twins"), or Fender Super Reverb 1965 reissue (4x10) 1 Fender Stratocaster, no tremolo (please "lock" the bridge) 1 Gibson Les Paul (guitars must have strap lock systems installed, straps must be adjustable) A/B box, 3 20' foot runs high quality cable Keys: 1. Korg CX3 Drawbar organ or Hammond XB2 w/ preamp pedal and leslie (I'll use a simulator like the Pro-motion sound if no leslie available) 2. Weighted controller Peavey DPM C8p or Kurzweil PC88 w/sustain pedal. 3. Double keyboard stand from Quick lock (the kind that looks like an X) 4. 2 cymbal stands (double braced) and 2 crashes(Zildjian 18" and 19" ) 5. Misc. midi cords, 1/4" cables, AC cords. 6. 2 Toms preferably DW sizes 13" and 15" (Odd sizes are hard to find so try 13" and 16") w torn stand. 7. LP Hand Tamborine *All gear should be able to operate with all cabling included. *(6) 25' GTR cables,(6) 6'or 10' in addition are also needed. (6) GTR stands. *We are flying with GTR's only. Thanks, AL McAvoy - almcavoy@mac.com - cell: 616.443.4045 Updated 11.6.08 ATTACHMENT A Elgin FOX FIRE FEST ` Date: Saturday, August 1, 2009 SHOW: VERVE PIPE $ CITY of ELGIN ADDENDUM 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 To Agreement (the "City Addendum"). If there are any conflicts between this City Addendum and the terms or conditions of the underlying Agreement, The Verve Pipe Contract Rider, or any other document constituting a part of this Agreement, the parties agree that the provisions of this City Addendum shall supersede any conflicting provisions, and shall control, prevail and be given full force and effect in construing the agreement between the parties. A. Purchaser to provide and pay for eight (8) rooms for one (1) night at a quality local hotel. B. Event is an outdoor, all day festival. Purchaser to provide festival sound & lights based on requirements of headlining performer. C. Merchandise: 90% of gross receipts to Artist, 10% of gross receipts to Purchaser for CD's and DVD's. 70% of gross receipts to Artist, 30% of gross receipts to Purchaser on Soft Merch. D. 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. E. This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. F. 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. G. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied, regarding the subject matter hereof. H. To the fullest extent permitted by law, Artist/Producer agrees to indemnify, defend and hold harmless Purchaser, its officers, employees, boards and commissions from and against any and all claims, other relief arising out of or resulting form or through or alleged to arise out of any reckless or negligent acts or omissions of Artist/Producer's officers, employees or agents in the performance of this Agreement. In the event of any action against Purchaser, 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 , . Purchaser's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. - Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Artist shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Artist hereby certifies, represents and warrants to the City that all Artist's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. The City shall have the right to audit any records in the possession or control of the Artist to determine Artist's compliance with the provisions of this section. In the event the City proceeds with such an audit the Artist shall make available to the City the Artist's relevant records at no cost to the City. J. No official director, officer, agent or employee of the City (Purchaser) 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. K. Notwithstanding anything to the contrary provided herein, Purchaser shall not be liable to Artist for attorneys' fees or any incidental, indirect or special damages of any kind; and Purchaser shall not be liable to Artist for any reason in an amount greater than the total performance amount of$10,000 provided for herein. AGREED: By: By: ,O(A PA SewErSte- all City anager For: The City of Elgin For: AZ /-Date: l Date: J J' ` The 1-lemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120 • Phone: 847-697-3616 www.henunens.org Fax: 847-931-5940