Entertainment Contract October 2017-ar Page 4 of 5
13. No employee of the State of Maryland, or any department, commission, agency or branch thereof, whose
duties as such employee include matters relating to or affecting the subject matter of this Contract, shall become or
be an employee of the party or parties hereby contracting with the State of Maryland or any department,
commission, agency or branch thereof.
14. The parties hereto will not discriminate against any employee or applicant for employment because of race,
color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in
nature and extent so as reasonably to preclude performance of such employment.
15. Artist warrants that Artist has not employed or retained, paid or agreed to pay any person, partnership,
corporation or other entity, other than a bona fide employee or agent working for Artist, to solicit or secure this
Contract.
16. If Artist fails to fulfill Artist’s obligations under this Contract properly and on time, or otherwise violates
any provision of this Contract, University may terminate this Contract by written notice to Artist. The notice shall
specify the acts or omissions relied upon as cause for termination. University shall pay Artist fair and equitable
compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages
caused by Artist’s breach. If the damages are more than the compensation payable to Artist, Artist will remain liable
after termination and University may affirmatively collect damages.
17. This Contract may be terminated by University in accordance with this clause whenever University shall
determine that such termination is in its best interest. University shall pay all reasonable costs associated with this
Contract that Artist has incurred up to the date of termination and all reasonable costs associated with termination of
this Contract. However, Artist shall not be reimbursed for any anticipatory profits that have not been earned up to
the date of termination.
18. The validity, interpretation and effect of this Contract shall be governed by the laws of the State of
Maryland, without respect to conflict of laws principles. Further, the laws of the State of Maryland shall govern all
rights, obligations, remedies and liabilities arising pursuant to this Contract. No claim or dispute from or relating to
this Contract shall be required to be submitted to or settled by any type of arbitration process. Any legal
proceedings involving such claim or dispute shall be brought in the appropriate court in the state of Maryland.
19. Any person or entity executing this Contract on behalf of Artist expressly warrants that such person or
entity is duly authorized to execute this Contract on behalf of Artist for this engagement at the time and place
specified in this Contract.
20. The person executing this Contract on behalf of University certifies that such person is duly authorized to
and does execute this Contract as a representative of University and assumes no personal liability for the
performance of this Contract.
21. Any attached contract (including any rider(s) attached thereto) between University and Artist pertaining to
this engagement shall be deemed supplemental and subordinate to this Towson University Event Contract. The
terms and conditions of this Event Contract, and the rights, privileges, duties and obligations arising pursuant
thereto, shall be controlling in the event of conflict and at all other times and in all events and situations.
22. All additions to and deletions from this Contract (including any riders attached hereto) must be initialed by
both parties in order to be valid. This Contract (including any riders attached hereto and incorporated by reference
herein) represents the complete and final expression of the agreement between the parties. The parties will be
responsible only for those items expressed in this Contract, irrespective of any additional or contrary oral or written
statements or representations.
23. Additional terms and conditions: The University will indemnify Producer and Artist for third party claims,
losses and damaged against it as a result of the action of the University or its personnel in performance of this
contract. Producer will indemnify University for third party claims, losses and damages against it as a result of the
action of the Producer or Artist or its agents or employees in performance of this contract. University’s
indemnification shall be contingent upon an appropriation by the Maryland General Assembly to the University
specifically for the purposes contemplated in this paragraph at the time an event which may give rise to the