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("Performance Fee"). This payment shall constitute the total payment for all individuals <br />performing, if the Performer's performance involves more than one individual. Payment of <br />Performance Fee cannot be made until a copy of the Performer's W-9 and Social Security <br />Number(s) or Federal Tax Identification Number is provided to City. The check shall be made <br />payable to: <br />6. Recording, Reproduction or Transmission of Performance: Performers expressly authorize <br />the City to record, broadcast or digitally steam video and/or audio of Performance. <br />Performer further authorizes the use and reproduction of photographs/video of <br />Performance. City's use of such Performance shall be limited to promotional publications <br />by the City, the City's web -page and the City's Cable Channel access. City shall not sell <br />copies of the Performance without express written consent of Performer. <br />7. Cancellation/Excuse of Obligations: City and Performers shall be excused from their <br />obligations hereunder in the event of any legitimate condition or occurrence beyond their <br />respective control, without further obligation to the other. Because this is an outdoor venue, <br />the parties agree that in the event of adverse weather requiring postponement of the <br />Performance, each shall use reasonable due diligence to agree upon one (1) additional date <br />at the time of cancellation. <br />8. Merchandising: Performers may sell goods or products or otherwise distribute promotional <br />materials at a table to be provided by City, if required. <br />9. Promotion: City shall be entitled to advertise and promote the appearance of the <br />Performance. Performers acknowledge that City will rely on the terms hereof in all such <br />promotions and advertising and in the brochures to be printed setting forth the names, dates <br />and times of all performances to be held. Performers hereby acknowledge and agree that <br />City may use their names, photographs, likeness and any other promotional materials in all <br />of such promotions, advertising or other activities used to increase attendance at <br />performance. <br />10. Stage: City shall furnish the stage and electricity. Performers shall provide additional stage <br />lighting and sound equipment for the Performance. Artist shall setup for the Performance <br />and take -down after the Performance. <br />11. Independent contractor: Performers acknowledge that they are not eligible for benefits <br />including, but not limited to, workers' compensation coverage, vacation leave, sick leave, <br />health insurance coverage and retirement benefits, including participation in the Ohio <br />Public Employees Retirement System ("OPERS"). <br />12.Independent contractor: Performers acknowledge that they are responsible for the <br />performance, its equipment and related operations and may be subject to claims filed by <br />participants. Performers shall indemnify and hold the City harmless against any and all <br />claims, causes of action and damages arising from same as may be filed by or on <br />participants in the Instructor's program. In the event that the Performers have obtained and <br />maintain general liability coverage in order to secure such indemnity, the Performers shall <br />procure a Certificate of Additional Insurance naming the City of North Olmsted and deliver <br />it prior to program commencement. <br />13. Expenditures: Payments pursuant to this Agreement shall not exceed the <br />