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HomeMy WebLinkAbout324675 04/30/18 CAq 'y CITY OF CARMEL, INDIANA VENDOR: 371270 ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANY LLC-HECK AMOUNT: $**"""650.00' x ? CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 324675 9M,TON. CARMEL IN 46032 , CHECK DATE: 04/30/18 t DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER'^::„ AMOUNT DESCRIPTION 854 4359025 101472 201805-B. 650.00 ENTERTAINMENT BOOKING VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) ALLOWED 20 ACCOUNTS PAYABLE VOUCHER Vendor# 371270 $ ARTISTS DEVELOPMENT COMPANY LLC 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 $650.00 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 101472 201805 43-590.25 $650.00 1 hereby certify that the attached invoice(s),or 4/20/18 201805 $650.00 1203 854 1203 854 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 Tuesday,April 244,2018 6c.w>Iccv '1 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: 201.8.05 . Issue. Date: April. 20, 2018 Artists Development Company . Due Date: may14,,2018 324-W Main St,Carmel,IN"460321. Subject: Entertainment Booking31.7-539=3131 s for.May ;ofo@artistae4elopmentcoinpany.com For: The City.of Carmel ITEM DESCRIPTION Date NAME AMOUNT TYPE Service Entertainment May, 12, ':Artist.Development $1;000.00 Bookings April, 25;2018 Company 2018 - Service Contracted Entertainment- Late Night on ntertainment-Late:Night.onMain Lemmon Wheel 2,000.00: .; Seu> fCo►attRacted ,. D7 y " (dQ_a 2 Se-00 Cog-sigtg* SO Gall AWl �Sfeiw I e tFaGt#; 6 sews C,l eCitdiiil ifll�rilt� �lI a� . Gailer►1��,;,W1aIt� . : - . - TOTAL DUE' $3,650.00. dr 1 1 artist devel-opm .en t company PERFORMANCE AGREEMENT Second Saturday:Gallery Walk 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 Cor oration "ADC" and an individual.or entityauthorized-to do business in the State of Indiana and with offices located at 3257 Blacktern wa . Garmel IN4603- (address of the"Performer"). 4. ;Performance.The Performer shall provide the following live entertainment: MainStreet Jazz Ban .on arch 10 Ma 1F and u{. 14 201 (the"Pertormance Date");: P.M.to 9 P.M.,at; *armel Arts& De i n D iRfRct C rm I In n .(the,°Venue"); The Performer shall.provide all equipment necessary or desirable for the Performance,except that ADC shall provide. Non 2. .Payrnent.:ADC shall pay to the Performer the total sum:of 000liger n. upon:payment to ADC by.the.City of.Carmel, Indiana ("City of Carmel"), typically within fortyfive (45) days of the Performance Date,.which payment shall constitute all monies due and-owing to.the Performer from ADC for or related t0 the Performance. 3. Non-Performance.If the Performance-is cancelled by ADC at least thirty.(30) days prior to the Performance' Date, ADC owes no amount to Performer. -If the Performance is cancelled less than thirty (30) days: before:the Performance. Date, then ADC shall pay to the Performer the full amount of-the Payment, sum as specified in Paragraph 2 hereinabove:. If the.Performance is not.provided by the, Performer ;as specified in: .Paragraph 1 hereinabove;the Performer shall pay to ADC one-half 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.Performers. - merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to ADC. 5, Relationship: The Performer isnot, and shall not.be.considered for any purposeao be, the employee of ADC wthe:'. City of Carmel: The Performer hereby agrees to indemnify.and hold harmless ADC and the City&Carmel, and:ADC and the City of Carmel'S, officers; of c.ials, employees; agents,. and attorneys, from and.against all claims, suits.; ludgments,.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 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. mediaformat), 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, the Carmel Arts and Design District; 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, add :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: 8. Assignment.The Performer shall not assign this Agreement or any of its obligations.hereunder. 9.: Copyright .Permission. The -Perforrner hereby agrees to. obtain,all. necessary, permissions from BM1, ASCAP, SESAC, or.directly from:the copyright holder(s) of all songs or other works that isnot in the public domain.and.that willbe part of the: Pe[formance, and-hereby agrees. to, indemnifyand, 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 Performer's failure,to obtain such permissions. 10. 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: Agreeme..nt, and all:relevant.provisions.�thereof are:incorporated.herein.by this reference. The Performer . rees;to indemnify and'hold harmless ADC from any loss,.dartiage:and/or.liability resulting from any:such violation of such . laws; orders, rules, regulations and codes. The Performer fuftheragrees to comply with all lawful orders of ADC with. regards to or related to the Performance.. 14.-Nondiscrimination: The Performer represents-and:warrants that it and.allof its officers;: employees; agents and - contractorsshall complywith: 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, 'employment or,subcontracting, because of race-religion color; Y-- 9; sex; handicap; national origin,ancestry,age,.disabled veteran status and/or Vietnam era veteran.status. 9 12:. Governing Law;.Lawsuits. This:Agreement is to be construed:in accordance with and governed'by the.lawsofthe.. 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. -13. Iran.Certification. Pursuant to I.C. § 5-22-16;5, the Performer hereby certifies that-it does notengage in investment activities within the Country of1ran, 14..E-Verify: Pursuant to f.C: §.22=5-1.7:,' ,et sea.,: as the same may-be amended from time: to time, and as:is incorporated herein by this.T4ferdnce,.'.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: 1'5. 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 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 acts ofmilitary 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.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,,officers, agents;or affiliates. 16. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The. 2 IN,WITNESS WHEREOF;the,parties hereto have made and-executed this Adreement:as-follows: ARTIST DEVELOPMENT CORPORATION -MainStreet Jazz Band ("ADC'°) ("Performer") By: By: Blair Clark,:President Authorized Signature :Date- 4-12-2017. - Printed Name Title.. ID Frf IN:: Last Four of SSN if Sole Proprietor Date If Minor:. represent as parent lie guardian of the Performer, we hal{ both be bound by the terms of this l'erforman r . �greernent Ly Signatur of.Parent of Guardian C Printed Name Date: j 3 . artist developmeh-t company PERFORMANCE AGREEMENT Second Saturday Gallery Walk. This Performance Agreement(the"Agreement"),which shall be.effective as of the date itis lastsigned by,a party hereto (the"Effective Date"), is how-entered into by.and between Artist Development Cor oration.'"ADC" and an individual.or 11�do business intheState of Indiana and with offices located at 70 ilf•r d Av In�ihe"Performer'.). 1. Performance:The Performer shall provide the following live entertainment: �i nn vi .on reh 10 A ril 1.4 Ma 1.2 n nd Jut 14 U�18(the"Pertormance Date"), P.M.to 9 P.M. at;0a i A Q i n i r ndian (the"Venue"). The Performer shall provide all equipment necessary or desirable for the Performance, except that ADC shall provide: N n 2. -Payment. ADC shall pay:to the Performer the total sum:of U per performance upon:payment to ADC by the City of Carmel, Indiana ("City of Carmel"), typically within forty-five .(45) 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. 3. Non-Performance. If the Performance is cancelled by.ADC at least thirty (30) days:prior to the Performance Date, ADC owes no amount to Performer. If the Performance is cancelled less than -thirty (30) days before the Performance. Date, then ADC shall pay to the Performer the full amount of the Payment sum_ as specified_ in Paragraph 2 hereinabove._ If.the Performance is not provided'by the. Performer as specified _in-.Paragraph 1 hereinabove; the-Performer shall pay to ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove. 4.. :Sales.NeitherADC 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 Carmel, and:ADC and the City of.Carmel'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 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 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, the Carmel Arts and Design District; 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, without 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. -Copyright Permission. The Performer'*hereby agrees to- obtain:all. necessary, permissions from.BMI,:ASCAP, " SESAC, or.directly.from the copyright holder(s) of all songs or other works that isnot in.the public domain.and.that will be part of:the. Performance, and 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.:- Performer's failure to obtain such permissions. .10. Compliance with Law; ,Lawful Orders.. The: Performeragrees to comply with all federal,. state and .local laws, executive orders; rules,.regulations:and codes applicable:to the Performees.performance of.its obligations under this- .,.Agreement, and all`relevant provisionsthereof"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. 11. 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, a e disabled veteran status and/or Vietnam era veteran status: 9 . ry . 9 ., 12:. 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 forand:has,jurisdiction over the same. 13."Iran Certification. Pursuant to I.C. § 5-22=16.5, the Performer hereby..certifes.that"it does not enga9e in investment activities within the,Country_of ran: 14. E Verify. .Pursuant to I.C.. §.22=571.7; .et sea., as the same:may:.be amended from time to time, and as,is incorporated herein by this .reference; .the .Performer.hereby certifies that; Jo 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. 15. Force Majeure. If performance of this Agreement or any obligation under,this"Agreementis 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 invoking this provision shall be suspended "to .the extent necessary by such event: Theterm: Force Maj eure shall include; Without limitation, acts of God, fire,:explosion, vandalism,.storm or.othersimilar occurrences,.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 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 bysuch party, or its employees,.officers, agents,or affiliates. 16. Miscellaneous. The indemnities set forth in this Agreement shall -survive the termination of this"Agreement. The. 2 invalidity.orr-unenforceability of any term or.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 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 ameridrrient 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 d and- understand it, have had the opportunity to obtain legal'advice and the assistance of counsel throughout.the:negotiation of this Agreement, and enterinto 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 Dianna Davis . ("ADC") („Performer"). . Y- By: . . Blair.Clark, President Authorized Signature Date: 2-14-2018 Dianna Davis Printed Name Musician Title FID/TIN: -Last Four of SSN, if SoleProprietor: 4470, Date: 2/15/18 'If Minor: 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 deveopm' ' e'' n company PERFORMANCE AGREEMENT Sec and Saturday=Gallery Walk . This Pe'formance 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 Co"r oration "ADC" ;and an individual or entity aufhorized to do.business,in the.State of Indiana and with offices located at .0501 n g owder!?r. Indiana olis I (address of the"Performer"). 1 Performance:The Performer shall provide the following live entertainment: ►as li rshb r e on . ril 1911Ma 1 une 9 20,1 (the"Pertorrriance Date°),. P.M.to 9 P.M.. at, Car 51V & Design L►listtict. Ca e!: Indian (the. ."Venue"). The Performer shall provide.all equipment necessary or,desirable for the Performance,except:that ADC: shall provide: Non -2.. .Payment.:ADC shall pay-to-the Performetthe total sum of A50 a ch erfor nc upon:payment to ADC by.the.City.: of Carmel, Indiana'("City of.Carmel"), typically within forty-five (45) dad ys.of_the:Performance-Date, which.payment shallconstitute all monies due and owing to the Performer from ADC for or related to the Performance.. 3:- Non-Performance.'If the.Performance is cancelled:by ADC at least.thirty (30)-days.prior to the Performance Date, ADC owes no amount to Performer: If .the Performance-is _cancelled :less': than. thirty (30) days befor6the Performance., Date,; then ADC ,shall pay-to, the Performer the-full .amount of the.Payment sum as specified. in Paragraph 2-hereinabove:.Af;the.Performance is not. provided, by the. Performer as specified ,in, .Paragraph 1 hereinabove; the.Performer shall pay to ADC one-half of:the Payment sum as specified in Paragraph 2 hereinabove. '4., Sales. Neither.ADC nor the Perform&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 Performers. merchandise_at the.:Performance location;.and the Performer shall retain all proceeds.therefromwithoutcontribution to ADC. 5.' Relationship: The Performer isnot, and shall not.be:considered for any pu'rpose: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, and the City of.Carmel'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 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:to-ADC and the-Cityof 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 601he.Performance, for use by ADC and the_ City of Carmel in advertising or marketing ADC; the:Venue, the City of Carmel, the Carmel Arts and`Design District; 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,: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.- -Copyright Permission. The-Performer ,hereby agrees to, obtain all necessary permissions from.BMI,:ASCAP, SESAG, or.directly from:the copyright holder(s) of all songs or. other works that isnot in the public domain.and.that will- be part of the: Performance. and 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. .: Performer's failure to obtain such permissions. 10. .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 result ng,from any:such violation of such laws, orders, rules, regulations and codes..The.Performer.fumher agrees to comply with all lawful orders of ADC'with regards to or related to the Performance. 11. Nondiscrimination: The Performer represents-and warrants that if and all of its :officers;. employees; agents,and . contractors,shall complywith all laws of-the United States,, the.State of Indiana and Carmel;- Indiana prohibiting discrimination against .any employee, .applicant: _for:employn:ment,. or. other.persoin 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,'ag%.disabled veteran status_and/or Vietnam_era veteran.status: 12'. Governing Law; Lawsuits.This:Agreement:is to be 66nstrued:in accordance with and governed by the-laws of the State of Indiana;.except.for_ its conflict, of:laws.provisions. Th&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. .13.:Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certifies that:it does notengage in investment activities-within the Country of:lran. 14..E Verify: Pursuant:to I.C: § 22-5-1.7:, et seg,. 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. 15. 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 pasty 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 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.:perform with reasonable dispatch whenever such causes are removed or ceased: An actor 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. 1.6. Miscellaneous. The indemnities set forth in this Agreement shall survive.the termination of this Agreement. The. - 2 invalidity.or,unenforceability of.any term.or: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:cond'ition. 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 ameridnient 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:.Agreerrient,: andenter into:the same-freely,,voluntarily; and without any duress, Undue or coercion: :. IN WITNESS.WHEkMtj theparties hereto have made and'executed this Agreement as follows: ARTIST DEVELOPMENT CORPORATION, Casey.Harshbarger ("ADC".) ("Performer" By:. By:. Casey Harshbarger Blair.Clark,President Authorized Signature.'.. . Date: 2=9-2018, Casey Hars.hbarger Printed Name, musician Title . - FID/TIN: n Last Four of S$N if Sole Proprietor:.1 979 Date: 3.-3-18 If Minor: represent;as.parent or-guar mer, we .. dian.of the Perfor shall,both be.bound by the terms of this Performance Agreement: Signature of Parent of Guardian Printed Name Date:- 3