Common use of Performance Area Clause in Contracts

Performance Area. Artist represents and warrants that neither Artist nor any of Artist’s musicians, technicians, and so-called roadies (collectively, “Artist’s Entourage”) shall: conduct Artist's and/or their performance in any area other than the stage provided by Owner; or, deliberately encourage, either orally or by the hand or body movements, members of the audience to leave their seating areas. In the event of any breach of the warranties set forth in this paragraph by Artist or any member of Artist’s Entourage, Owner shall be entitled to withhold, as liquidated damages, any additional sums to be paid to Artist for such engagement pursuant to this Agreement. The withholding of such liquidated damages shall not impair or otherwise diminish the rights of Owner to recover any additional damages sustained or otherwise restrict any other legal or equitable remedy available to it arising out of any breach of the foregoing warranties by Artist or any member of Artist’s Entourage. Artist warrants and represents that Artist and all members of Artist's Entourage will conduct themselves in such a manner as to avoid injury to third parties in connection with any activities related to this Agreement. Artist indemnifies Owner from and against any and all claims of third parties resulting from the negligent acts or omissions of Artist and Artist’s Entourage, including the reasonable costs and attorneys' fees incurred in defending against such claims.