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Home My WebLink About10-1123 Fancy 10- traYs cot o13 THEATREWORKS USA 151 West 26th Street (212)647-1100 New York,NY 10001 Fax:(212)924-5377 Butch Wilhelmi 33393 - 00100001 The Hemmens Cultural Center PRES-03/09/2012 150 Dexter Court Elgin, IL 60120 5527 This Contract has been modified by the City of Elgin. WORK - 847-931-5905 FAX- 847-931-5940 Dear Sponsor: November 23,2010 The Hemmens Cultural Center Attachment "B"; and the Theatreworks "Addendum to Letter ss / /Agreement", labeled as Attachment"A"; attached hereto are made a part hereof. Hoe /TWUSA an agreement between you (SPONSOR) and us (TI-IEATREWORKS USA CORP.) relating to t ion ea: FANCY NANCY Date(s) /Time(s) Location City and State 09 MAR 2011/09:45AM THE HEMMENS CULTURAL CENTER ELGIN. IL 09 MAR 2011/12:00PM THE HEMNIENS CULTURAL CENTER ELGIN, IL SS / 6Pl. SPONSOR shall pay THEATREWORKS USA CORP.: HCC /TWUSA $3,300.00 as performance(of-resideney)fee. $3,300.00 TOTAL 2.The total amount due under Paragraph 1 above shall be paid as follows: $660.00 to accompany signed contract $2,640.00 to be mailed to THEATREWORKS USA on first day of performance $3,300.00 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 upon transmission.. 55 / N b HCC trWUSA r eensider-this-een-tr-aet-n-all-an-d-*eid, ACCEPTED AND AGREED TO: S5 / ACCEPTED AND AGREED TO: Very truly yours, HCC /TWUSA THE HEvLMENS CULTURAL CENTER THEATREWORKS USA The City of Elgin, IL ee-0V d. SEA, STEGALL, CITY.t ANAGER BETH PRATHER /2/Z%o it Date 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 ATTACHMENT A THEATREWORKS/USA CORP.-DUCK FOR PRESIDENT/FANCY NANCY&OTHER STORIES 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. If 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 (name of show) h. There shall be no audio or visual broadcast or recording of the performances permitted. c There shall be no discrimination or segregation in adnhission or seating based on race,sex,national origin or religion. ui 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.froth 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 he liable to THEATREWORKS/USA CORP.for the full agreed upon amount set forth in the letter agreenhenl. f. Our pre-show set-up is scheduled to be completed by'A hour before the scheduled performance time. We cannot begin our set-up earlier in order to allow for earlier sealing. If you wish to begin seating prior to%/hour before the performance,you may do so,but be aware that the performers will probably still be setting up on stage. 55 / ,4. SPONSOR o e HCC /TWUSA liter-afore-most shall comply with the following: a. Separate dressing rooms(with mirrors)shall be provided for 4 male and 2 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. h. 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. S 1 874. lrttett • )be`avertt 1-ICC /TWUSA 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. r e III tti -Lr -t F-' LGIN THE CITY IN THE SUBURBS- ATTACHMENT B The Hemmens Cultural Center SHOW: FANCY NANCY Date(s): March 9, 2012 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 #l. 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, the Technical Rider, or any other document constituting a part of this Agreement, 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 41 are collectively referred to as the"Agreement" herein). A. This Agreement is hereby made and entered into this 2 ° day of jr`fM6c4, 2010, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as "the City" 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 mutually acknowledged, the parties hereto agree that Theatreworks USA shall present two (2) performances of Theatreworks USA's production entitled FANCY NANCY pursuant to the terms and conditions provided for by this agreement. 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. 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, other relief arising out of or resulting form or through or alleged to arise out of any reckless or negligent acts or omissions of Theatreworks USA's officers, employees or The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558 Phone: 847-697-3616 Hemmens.org Fax: 847-931-5940 • • 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 fails to perform its obligations pursuant to this Agreement, the City shall be entitled to pursue any and all remedies afforded by law or equity. 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, as defined in this Agreement, 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 or its representative(s) shall be refunded to City within ten (10) days of written demand by the City. In the event that the City negligently or willfully does not substantially perform its obligations herein, the City's liability is strictly 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, indirect, special or incidental damages of any kind, 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. H. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Theatreworks USA 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, Theatreworks USA hereby certifies, represents and warrants to the City that all Theatreworks USA's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to perform such work and/or services in the United States. Theatreworks USA shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of Theatreworks USA to determine Theatreworks USA's compliance with the provisions of this section. In the event the City proceeds with such an audit, Theatreworks USA shall make available to the City Theatreworks USA's relevant records at no cost to the City. Theatreworks USA shall pay any and all costs associated with any such audit. AGREED: CITY OF ELGIN THEATREWORKS USA By: By: a (-71.-SeZed-ed. gall Beth Prather Its: City Manager Its: Education Director Date: /03/D Date: r//j The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558 Phone: 847-697-3616 Hemmens.ore, Fax: 847-931-5940