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'i""',:'~< II. In the event of riot, civil disorder, Acts of G6d; periods of national mourning, rebellions, bomb threats necessitating the cancellation ofthe concert, or floods, tornadoes, hurricanes, or any other natural disaster which causes the area in which the concert site is located to be declared a national disaster area eligible for federal aid, City shall have the authority to cancel this engagement without further obligation between the parties hereto. In the event of such non-performance for any of the reasons stated in this paragraph, the monies (if any) advanced to Agent hereunder, shall be returned on a pro-rata basis. 12. In the event the Artist is unable to perform on the concert date due to sickness or illness, Agent shall have the right to cancel this contract provided that, prior to the commencement of such concert, Agent furnishes City with a letter signed by a physician specifying the Artist's condition and the anticipated length of time of Artist's incapacity and stating that it is his professional opinion Artist is physically unable to carry out Artist's obligation hereunder. Agent shall refund to City any deposit previously paid in connection with said concert. Agent shall offer City a suitable date or dates which City shall have the option of selecting as a "make-up" date or dates. If City agrees to make-up date(s) Agent shall retain deposits. 13. In the event of sickness or of accident to Artist, or if a performance is prevented, rendered impossible or infeasible by any cause beyond the control of Agent, it is understood and agreed that there shall be no claim for damages by either party to this contract and Agent's obligations as to such performances shall be deemed waived. Inclement weather rendering performance impossible or infeasible shall not be deemed an emergency and payment shall not be made if the performance is not completed. If City and Agent disagree as to whether rendition of performance(s) is impossible or not feasible because of inclement weather, City determination as to performance shall prevail.