and, Agent shall be paid a commission on all Gross Revenue, as herein
defined, earned by Artist within said territories during the term of this
agreement. Also, Agent shall be paid a commission on all revenue earned by
Artist outside of aforesaid geographical territories if (a) Agent has advertised
or promoted Artist’s work with Artist’s prior knowledge and consent and if (b)
no other agent is then serving as Artist’s agent in that territory.
4. AGENT’S DISCLOSURE. Artist acknowledges that Agent represents other
artists and will not seek to limit or restrict Agent from serving other artists.
5. EXCUSED PERFORMANCE; LIABILITY LIMITATIONS. In performing its
services hereunder, Agent shall not be liable for delays in performance caused
by acts of God, governmental intervention, inclement weather, labor disputes,
fire or other casualty, unavailability of utilities, materials or transportation, nor for
clients’ or prospects’ delays in responding to communications, giving approvals