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12. In the event the Artist is unable to perform on the concert date due to sickness or illness, ARTIST shall <br />have the right to cancel this contract provided that, prior to the commencement of such wncert, ARTIST <br />furnishes City with a letter signed by a physician specifying the Artist's condition and the anticipated <br />length of time of Artist's incapacity and stating that it is his professional opinion Artist is physically unable <br />to carry out Artist's obligation hereunder. ARTIST shall refund to City any deposit previously paid in <br />connection with said concert. ARTIST shall offer City a suitable date or dates which City shall have the <br />option of selecting as a `brake-up" date or dates. If City agrees to make-up date(s) ARTIST shall retain <br />deposits. <br />13. If a performance is prevented, rendered impossible or infeasible by any cause beyond the control of <br />ARTIST, it is understood and agreed that there shall be no claim for damages by either party to this <br />contract and ARTIST'S obligations as to such performances shall be deemed waived. Inclement weather <br />rendering performance impossible or infeasible shall no[ be dcemed an emergency. In such case, payment <br />shall be made on a percentage of performance basis if the performance is not completed. Tf City and <br />ARTIST disagree as to whether rendition of perfomtance(s) is impossible or not feasible because of <br />inclement weather, Artist's determination as to perforrnance shall prevail. <br />