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within thirty (30) days. Notwithstanding the foregoing, the Parties acknowledge
and agree that after the execution of this Agreement, they may make a mutual
determination in good faith to modify the foregoing dates and corresponding
deadlines and that such an agreed upon modification shall not constitute a breach
of this Agreement.
c. If the Event is cancelled or this Agreement is terminated for any other reason, all
Grant funds that have not already been expended or obligated to non-refundable
deposits shall be returned to the City within thirty (30) days of such cancellation
or termination. Documentation will be provided demonstrating the use of all
Grant funds not returned to the City.
d. Foundation shall be required to reimburse City for any Grant funds that are
improperly used, improperly accounted for, or not expended in support of the
Event, as determined in the City’s reasonable discretion, within thirty (30) days of
the Event or the termination of this Agreement. Foundation’s obligation to provide
proper accounting and reimbursement shall survive termination of this Agreement.
5. Foundation responsibilities: The Foundation shall:
a. Collaborate with the City to produce a first-class Event showcasing the City of
Newport News as set forth herein.
b. Secure all resources necessary for a safe and effective Event.
c. Be solely responsible for contracting with and paying any third parties necessary
to produce the Event, including the securing of talent, staging, sound, and lighting
equipment, security and dressing rooms, marketing and promotion, and staff and
labor necessary for set-up, production, operation, and breakdown of the Event.
d. Provide the City with the names of the publicly announced artists performing at
the Event no later than March 6, 2026.
e. Ensure ticket sales for the Event commence no later than March 20, 2026.
f. Secure or cause to be secured all necessary permits, licenses, approvals, and
insurances required for the Event.
g. Ensure the presence of adequate security and emergency medical services personal
during the Event. Foundation shall cooperate with City to develop a public safety
plan for the Event, which plan must be approved by the City’s Division of
Emergency Management. Foundation shall provide, or cause to be provided,
regular updates regarding attendance projections, entertainment line-ups, logistics,
and such other information as City may reasonably request for safety and security
purposes.
h. Comply with all applicable federal, state, and local laws and regulation in the
performance of its obligations pursuant to this Agreement and in carrying out the
Event.
6. City Cooperation: The City will:
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