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Home My Public Portal About074-2005 ADDENDUM _Chris Thomas KiADDENDUM The City of Richmond, Indiana and Chris Thomas King Tours LLC, (hereinafter "Contractor") agree that the following terms and conditions shall also be applicable: 1. Contractor agrees to indemnify City for any claim, injury, or other damage caused by any negligent or intentional act performed by contractor or its employees, agents, representa- tives, and crew. 2. Contractor hereby agrees to release and hold harmless, City, its agents, employees and independent contractors from any claim, cost, damage or liability arising out of Contrac- tor's performance in the Summer Concert Series, including, but not limited to any claim resulting from an intentional act of any spectator, hotel guest or trespasser. It is expressly agreed that City has no duty to provide any security or safekeeping for Contractor's equipment or instruments and that in no way shall City be liable for any act of theft or vandalism. 3. Contractor agrees that the facilities provided by the City for Contractor's performance are being received in an "as -is whereas" condition, with all faults and that City, other than providing, reasonable space and electricity, does not guaranty or represent that its facili- ties shall be suitable for any particular performance or use. 4. City shall provide Contractor with lodging on 7/22/05, said lodging consisting of 1 hotel room. City shall additional provide Contractor with one meal on 7/22/05. Contractor shall be responsible for any room service, cost or charge in addition to the basic room rate. 5. In no event shall City be liable for any consequential or special damages incurred by Contractor in connection with its performance or any cancellation of said performance. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. Both parties specifically waive any right to alternative venues or courts such party may have whether such right arises under the laws of the State of Indiana, or any other State of territory of the United States or the laws of the United States. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this agreement, Contractor agrees that it will not raise and is es - topped from raising, lack of personal jurisdiction as a defense to any action brought in Wayne County, Indiana. 7. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Contract No. 74-2005 This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors, and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. Any previous dis- cussion, negotiation or dialogue relating to the subject matter contained herein is ex- pressly superseded by this agreement. Furthermore, both parties agree that any no discus- sion, representation or negotiation, other than that contained herein, has transpired relat- ing to the subject matter of this agreement and that neither party is relying upon any ne- gotiation or discussion that took place prior to this agreement In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees. Contractor acknowledges that its services are unique and that City is entitled to spe- cific performance of the agreement or other equitable remedies, if Contractor commits an act that amounts to an anticipatory repudiation of this agreement. 10. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfa- voring any party by virtue of the authorship of any of the provisions of this Agreement. 11. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. 12. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter di- rectly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. IN WITNESS WHEREOF, the parties execute this Agreement effective the day and year first above written, although signatures may be affixed at different times. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks & Recreation ul- a Date: May 19, 2005 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: Mav 19. 2005 "CONTRACTOR" CHRIS THOMAS KING TOURS LLC By:_S/S Chris Thomas Title: Owner Date: