320058 12/21/17 i CITY OF CARMEL, INDIANA VENDOR: 371270
ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY CHECK AMOUNT: $*""`1,650.00*
i CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 320058
CARMEL IN 46032 CHECK DATE: 12/21/17
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1203 4359300 100081 91 1,450.00 BOOKING ENTERTAINMENT
1203 R4359300 34259 91 200.00 BOOKING ENTERTAINMENT
VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995)
Vendor# 371270 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
ARTISTS DEVELOPMENT COMPANY IN SUM OF$ CITY OF CARMEL
324 W. MAIN STREET An invoice or bill to be properly itemized must show:kind of service,where performed,dates service
rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc.
CARMEL, IN 46032
Payee
$1,450.00
ON ACCOUNT OF APPROPRIATION FOR Purchase Order#
Community Relations
Terms
Date Due
PO# ACCT# DATE INVOICE# DESCRIPTION
DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
34259 30 43-593.00 $1,000.00 1 hereby certify that the attached invoice(s),or 11/17/17 30 $1,000.00
1203 Encumbered 101 1203 101
34259 91 43-593.00 $450.00 bill(s)is(are)true and correct and that the 12/4/17 91 $450.00
1203 E,rcumbered 101 materials or services itemized thereon for 1203 1 101
which charge is made were ordered and
received except
Tuesday,December 05,2017
Heck, Nancy
Director
I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have
audited same in accordance with IC 5-11-10-1.6
120
Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
INVOICE
Invoice:ID: 0003.0
Issue..Date: November 17, 2017
Artists Development Company
Due-Date: December 17, 20:17
324.W Main St,.Carmel,IN 46032.
317-539-3131
Subject: Entertainment Bookings for•Holid6 at Center Green
g y . . info@artistdevelopi►ientcoinvany.coin
For: The City of Carmel
ITEM DESCRIPTION Date -NAME AMOUNT
TYPE . .
Service_ 'Entertainment.Booldnp Saturday, Artist $1;000
November 'Development
18, 2017 Company,
TOTAL.DUE
$1.;000.00
1 .
INVOICE
Invoice ID: 00091
Issue Date: December 4, 2017
Due Date: December 20, 2017 Artists Development Company
Subject: Bookings of Entertainment for Holiday In the Arts District 324 w Main St,Carmel,IN 46032
317-539-3131
info@artistdevelopmentcompany.com
To: Kayla Arnold
City of Carmel.
ITEM DESCRIPTION Date NAME Amount
TYPE
Service Entertainment December 2 Stephen $450.00
20017 Cummings
Time:2-5
$100 under budget
TOTAL DUE
$450.00
1
artist
development
company
PERFORMANCE AGREEMENT
Carmel Holiday Trolly
This Performance Agreement(the"Agreement"),which shall be effective as of the date itis last signed by a party hereto
(the"Effective Date"),is now entered into by and between Artist Development Corporation("ADC'),and an individual or
entity authorized to do business in-the State of Indiana.
1.Performance.The Performer shall provide the following live entertainment: Stephen Cummings(the"Performance")on
December 2 from 2:00 P.M.to 5:00 P.M. and December 9 from 4;3Q P.M.to 7:30 P.M.at,Tent 3(the'Venue").The
Performer shall provide all equipment necessary or desirable for the Performance.
2. Payment ADC shall pay to the Performer the total sum of 1450 (the "Payment") upon payment to ADC by City of
Carmel, typically within forty-five (14) days of the Performance Date,which payment shall constitute all monies due and
owing to the Performer from ADC for or related to the Performance. Initial payment to the artists for their performance is
the sole responsibility of the City of Carmel.
3. Non-Performance. If the Performance is cancelled by City of Carmel at least thirty(30)days prior to the Performance
Date, City of Carmel owes no amount to Performer. If the Performance is cancelled less than thirty(30)days before the
Performance Date, then.City of Carmel shall pay to the Performer the full amount of the Payment sum as specified in
Paragraph 2 hereinabove.
4. Sales. Neither ADC nor the Performer shall sell tickets or charge admission to the Performance. On the Performance
Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's
merchandise.at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be,the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Cartel, and ADC,
officials, employees, agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and
expenses(including, without limitation, reasonable attorneys'fees and court costs)that result from any claim for wages,
benefits, or otherwise by any agent, employee, or contractor of the Performer or from any actions of the Performer and/or
the Performer's agents,employees,or contractors at or regarding the Performance.
6. License. The Performer hereby grants tCarmel o ADC and the City of Cael a license(the"License") to photograph,video
record, or otherwise depict, in, on, or through any medium (whether print, digital, or other media format), the Performer
and the Performance, for use by ADC and the City of Carmel in advertising or marketing ADC, the Venue, the City of
Carmel,and/or ADC-sponsored or ADGrelated events.The License shall survive the termination of this.Agreement
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers, officials,
employees, agents, and attorneys from and against all claims, suits,judgments, liabilities, losses, costs, and expenses
(including,without limitation, reasonable attorneys'fees and court costs)that result from the Performance or the breach of
this Agreement by Performer.
B. Assignment.The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal,.state and local laws,
executive orders, .rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all. relevant provisions thereof are incorporated herein by this reference..The Performer agrees to
indemnify and hold harmless ADC from any loss,damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
10. Nondiscrimination. The.Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall.comply with all laws of the United States, the State of Indiana and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect.to their hire, tenure, terms, conditions and privileges of employment and
-any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national
origin,ancestry,age,disabled veteran status and/or Vietnam era veteran status.
11. Governing Law; Lawsuits.This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana; except for its conflict of laws-provisions. The parties agree that,in the event a.lawsuit is filed hereunder, .
they waive their right to a jury trial;agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has Jurisdiction over the same.
12. Iran Certification. Pursuant to I.C. § 5-22-16.5,the Performer hereby certifies that it does not engage in investment .
activities within the Country of Iran.
13. E-Verify. Pursuant to I.C. §22-5-1.7,at w4.,as the same may be amended from time to time,and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the.Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith.
14. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented,restricted,or
interfered with by causes beyond either party's reasonable control("Force Majeure'), and if the party unable to cant'out
its obligations gives the other party.prompt.written notice of such event, then the obligations of the party invoking this
provision shall be suspended to the extent necessary by such event..The term Force Majeure shall include, without
limitation, acts of God, fire,'explosion, vandalism, storm or other similar occurrences,.orders or ads of military or civil
authority, or by national emergencies, insurrections, riots,or wars.The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of nary-performance and shall proceed to perform with reasonable
dispatch whenever such-causes are removed or ceased. An ad or omission shall be deemed within the reasonable
control of a party if committed,omitted,or caused by such party,or its employees,officers,agents,or affiliates.
15. Miscellaneous. The indemnities set forth,in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceability of any termor condition of this Agreement shall not affect the other terms and conditions,and
this Agreement shall be construed in all respects as if such Invalid or unenforceable term or condition had not been
contained herein. This Agreement constitutes the entire agreement between the Performer and ADC with rasped to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent.The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement,and enter into the same freely,voluntarily,and without any duress,undue influence or coercion.
2
1
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
ARTIST DEVELOPMENT CORPORATION Ste2hen Cummings
("ADC') ("Performer")
By: By: --;
VertfW by PDKIler I
I —12/04/2017 I
Blair Clark,President Authorized Signature
Date:
Printed Name Stephen Cummings
Title Musician
FIDITIN:
Last Four of SSN if Sole Proprietor: 8364
Data: 12/4/2017
If Minor.
I represent, as parent or guardian of the Performer, we
shall.both be bound by the terms of this Performance
Agreement.
Signature of Parent of Guardian
Printed Name
Date:
3
Prescribed by State Board of Accounts City Form No.201 (Rev.1995)
VOUCHER NO. WARRANT NO.
Vendor# 371270 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
ARTISTS DEVELOPMENT COMPANY IN SUM OF$ CITY OF CARMEL
324 W. MAIN STREET An invoice or bill to be properly itemized must show:kind of service,where performed,dates service
rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc.
CARMEL, IN 46032
Payee
$200.00
ON ACCOUNT OF APPROPRIATION FOR Purchase Order#
Community Relations Terms
Date Due
PO# ACCT# DATE INVOICE# DESCRIPTION
DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
34259 91 43-593.00 $200.00 1 hereby certify that the attached invoice(s);or 12/4/17 91 $200.00
1203 Encumbered 101 1203 101
bill(s)is(are)true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Thursday, December 14,2017
Heck, Nancy
Director
I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have
audited same in accordance with IC 5-11-10-1.6
20
Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
INVOICE
Invoice ID: 00091
Issue Date: December 4, 2017
Due Date: December 20, 2017 Artists Development Company
Subject: Bookings of Entertainment for Carmel Holiday Trolley 324 W Main St,Carmel,IN 46032
317-539-3131
inWartistdevelopmentcompany.cont
To: Kayla Arnold
City of Carmel.
ITEM DESCRIPTION Date NAME Amount
TYPE
Service Entertainment December2-9- Chexyl Hedrick $1,050.00
Christmas Carolers 16-2320017 2-Tents
Time:
4:30-7:30 toy Ditrlch
DateJ2-9-16- 1-Tent $600.00
23
TOTAL DILE
$1,650-00
1
artist
development
company
PE&ORMANCE AGREEMENT
Cannel Holiday Trolly .
This Performance Agreement(the"Agreement),which shall be effective as of the date it is last signed by s party hereto
(the"Effective Date°),is now entered into by and between Artist Development Corporation("ADC"),and an individual or
entity authorized to do business in the State of Indiana.
1.Performance.The Performer shall provide the following live entertainment:Two Carolina Groups,(the"Performance')
on December 2, 9. 16 and 23 from 4:30 P.M. to 7:30 P.M. at, Tent 2 and Tent 3 (the "Venue'). The Performer shall
provide all equipment necessary or desirable for the Performance.
2. Payment. ADC shall pay to the Performer the total sum of$1,050 (the "Payment°) upon payment to ADC by City
of Carmel,typically within forty-five(14)days of the Performance Date,which payment shall constitute all monies due and
owing to the Performer from ADC for or related to the Performance. Initial payment to the artists for their performance is
the sole responsibility of the City of Carmel.
S. Non-Performance. If the Performance is cancelled by City of Carmel at least thirty(30)days prior to the Performance
Date, City of Carmel owes no amount to Performer. If the Performance is cancelled less than thirty (30)days before the
Performance Date, then City of Carmel shall pay to the Performer the full amount of the Payment sum.as specified In
Paragraph 2 hereinabove.
4. Sales. neither ADC nor the Performer shall sell tickets or charge admission to the Performance.On the Performance
Date, the Performer may, in conformance .with the laws, rales, and regulations of the Venue, sell the Performer's
merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to
ADC.
S. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Cannel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel,and ADC,
officials, employees, agents, and attorneys, frorn and against all claims, suits, judgments, liabilities, losses,costs, and
expenses (including,without limitation, reasonable attorneys'fees and court costs)that result front any claim for wages,
benefits, or otherwise by any agent, employee, or contractor of the Performer or from any actions of the Performer and/or
the Performer's agents,employees,or contractors at or regarding the Performance.
G. License. The Performer hereby grants to ADC and the City of Carmel a license(the°License")to photograph, video
record, or othervAse depict, in, on, or through any medium (whether print, digital, or other media format),the Performer
and the Performance, for use by ADC and the City of Carmel in advertising or marketing ADC, the Venue,the City of
Carmel,andfor ADC-sponsored or ADC-related events.The License shall survive the termination of this Agreement.
7. Indemnity. T ne Performer hereby agrees to indemnify and holo harmless ADC and ADC's officers, officials,
employees, agents, and attorneys torn and.against all claims, suits,judgments, liabilities, losses, costs, and expenses
(including,without limitation, reasonable attorneys'fees and court costs)that result from the Performance or the breach of
this Agreement by Performer.
ti. Assignment The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local lawns,
executive orders, rules, regulations and codes applicable to the Performer's perlbrmancce of its obligations under this
Agreement, and all relevant provisions thereof are.incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless AOC from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes.The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
10. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect to their hire,tenure,terns, conditions and privileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national
origin,ancestry,age,disabled veteran status and/or Vietnam era veteran status.
11. governing Law, Lawsu ts. This_Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions. The parties agree that,in the event a lawsuit is filed hereunder,
they waive their right to a jury Bial,agree to file any such lawsuit in an appropriate court in Hamilton County,Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
12. Iran Certification. Pursuant to I.C. §5-22-16.5,the Performer hereby certifies that it does not engage In investment
activities within the Country of Iran.
13. Verify, Pursuant to I.C. §22-5-1.7, atsem,as the same may be amended from time to time,and as is Incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the C-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in a=rdance with
therewith.
14. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted,or
interfered with by causes beyond either party's reasonable control ("Force Majeure'), and if the party unable to carry out
its obligations gives the other party prompt written notice of such event, then the obligations of the party invokinthis
provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable etfbits under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed,omitted,or caused by such party,or its employees,offiic ars,agents,or affiliates.
19. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceabiiity of any term or condition of this Agreement shall not affect the other terns and conditions,and
this Agreement shall be construed in all respects as if such invalid or unenibreeable term or condition had not been
contained herein. This Agreement constitutes the entire agreement be-Wean the Performer and ADC with respect to the
subject ratter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent. The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
2
Agreement, and enter into the same freely,voluntarily,and without any duress,undue influence or coercion.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
ARTIST DEVELOPMENT CORPORATION Cheryl Hedrick
("ADC") ("Performer")
S
By: y:
Blair Clark, President Au Sign re
Date: 12-01-2017
Printed s `
Title
FIDfrIN:
Last Four of SSN if Sole Proprietor:
q;Z-v t
Date: 9214/17
If
Minor:
I represent, as parent or guardian of the
Performer, we shall both be bound by the terms
of this Performance Agreement.
Signature of Parent of
Guardian
Printed
Name
Date:
3
artist
development
company
PERMRMIANCE AGREEMENT
Carmel Holiday Trolly
This Performance Agreement(the"Agreement"),which shall be effective as of the date it is last signed by a party hereto.
(the"Effective Date");is now entered into by and between Artist Development Corporation(°ADC"),and an individual or
entity authorized to do business.In the State of Indiana.
1.Performance.The Performer shall provide the following lige entertainment Ami Di®taL_ the"Performance")on
®ecember.2.Q. 16 and 23from 4:30 i?IVI.to 7:30 P It'll.at,Tent 1.1ocated_next fm_E abs gu _er an-M@In street(the Ovenye").
The Performer shall provide all equipment necessary or desirable for:the Performance.
2. Payment. ADC shall pay to the Performer the total sum of Jq00 (the OPayment") upon payment to ADC by City of
Carmel, typically within forty-five (14) days of the Perrormance Date,which payment shall constitute all monies due and
owing to the Performer from ADC for or related to the Performance. Initial payment to the artists for their performance is
the sole responsibility of the City of Carmel.
S. Non-Perltonmancd. If the Performance is cancelled by City of Carmel at least thirty(30)days prior to the Performance
Date, City of Carmel owes no amount to Performer. If the Performance is cancelled lass than thirty(30)days before the
Performance Date, then City of Carmel shall pay to the Performer the full amount of the Payment sum as specified in
Paragraph 2 hereinabove.
4.Sales. Neither ADC nor the Performer shall sail tickets or change admission to the Performance.On the Performa
Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's
merchandise at the Performance location, and the Performer shall retain ail proceeds therefrmm without contribution to
ADC.
S. Relationship. The Performer Is not,and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel,and ADC,
officials, employees, agents, and attorneys, from and against all claims, sulfa,judgments, liabilities, losses, costs, and
expenses(including,without limitation, reasonable attorneys'fees and court costs)that result from any claim for wages,
benefits, or otherwise by any agent, employee, or contractor of the Performer or from any mons of the Performer and/or
the Performer's agents,employees,or contractors at or regarding the Performance.
6. License. The Performer hereby grants to ADC and the City of,Carmel a license (the'License")to photograph, video
record, or otherwise depict, In, on, or through any medium (whether print, digital, or other media format),the Performer
and the Performance, for use by ADC and the City of Carmel In advertising or marketing ADC,the Venue,the City of
Carmel,and/or ADC-sponsored or ADC-related events.The License shall survive the termination of this Agreement,
7.Indemnity.The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers,officials,employees,
agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
v Athout limitation, reasonable attorneys' fees and court costs) that result from the Performance or the Breach of this
Agreement by Performer.
8. Assignment.The Performer shall not assign this Agreement or any of its obligations.hereunder.
9. Cot .pliance with haw; Iav�il Orders. The Performer agrees to comply with all federal, state and local lav)s,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless ADC from any loss, damage and/or.liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
10. Alondiscriminatlon. The Performer represents and warrants that it and all of its officers, employees; agents and
contractors shall comply with all laws of the United States; the State of Indiana.and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect to their hire, tenure,terms, conditions and privileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color,sex, handicap, national
origin,ancestry,age;disabled.veteran status and/or Vietnam era veteran status.
11. Governing Law, Lawsuits.This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of lavas provisions. The parties agree that,in.the event a lawsuit is filed hereunder,
they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,Indiana only,
and agree that such court is time appropriate venue for and has jurisdiction over the same.
12. Iran Cerdficadon. Pursuant to I.C. §542-16.5, the Performer hereby certifies that it does not engage in investment
activitips within the Country of Iran.
13. E-Verify/ Pursuant to I.C. §?2-5-1.7, gi sem;, as the same may be amended from time to time,and as is Incorporated
herein by this reference, the Performer hereby certifies that; to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verly law, the City may terminate this Agreement in accordance with
therewith.
14. Force Magaum. if performance of this Agreement or any obilgatlon under this Agreement is prevented,restricted,or
interfered with by causes beyond either party's reasonable control (Force Majeure"), and if the party unable to carry out
its obligations gives the other party prompt written notice of such event, then the obligations of the paFty invoking this
provision shall be suspended tothe extent necessary'by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occcur�enoes, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots,or wars.The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perforin with reasonable
dispat4h whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed,omitted,or mused by such party,or Its employees,officers,agents,or affiliates.
15. Miscellaneous. The indemnities set forth In this Agreement shall survive the termination of this Agreement. The
invalidity-or unenforceability of any term or condition of this Agreement shall not affect the other tears and conditions,and
this AA rsament shall be construed in all respects as if such invalid or unenforceable term or condition had not been
contained herein.This Agreement constitutes the entire agreement between the Performer and ADC with respect to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto.The partles represent and
warrant that they are authorized to eater into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent.The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement,and enter into the same freely,voluntarily,and vrrithout any duress,undue influence or coercion.
2
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
NIST DEVELOPMENT CORPORATION Any Dietrich
("ADC") ("Performer")
Sy: By:
4 r..
Blair Clark;President Authorized Signature
Date: 7 -21 3-2097 L
Printed Name
Trfle
FIDITIN:
Last Four of SSN if Sole Proprietor: 67-75-
Date: 7-75-
Date:
If Minor:
I represent, as parent or guardian of the Performer, we
shall loth be bound by the terms of this Performance
Agreement
Signature of Parent of Guardian
Printed Name
Date:
3