RIDER TO SPEAKER-ARTIST-PERFORMER CONTRACT

Between: [Full Legal Name of Performer/Artist/Speaker] (“Performer and/or Agent”) and PACE UNIVERSITY (“Pace”).

Re: [Date of Speech/Performance].

Notwithstanding anything to the contrary contained in the Contract:

1. ("Performer and /or Agent") shall not be entitled to any compensation in the event of a failure or refusal to perform services hereunder, whether because of illness, accident or otherwise. Due notice in writing by certified mail, return receipt requested, of inability to perform services must be received by Pace, attention Treasurer, at least two days prior to date of performance. In the event of such failure to perform, all moneys paid to Speaker and Agent by Pace shall be returned to Pace.

2. Performer and/or Agent acknowledge that the services to be rendered under the terms hereof, are of a special, unique and extraordinary character and may not be assigned.

3. Any and all publicity by means of poster, newspaper, radio, television or otherwise, shall be at the sole discretion and control of the Director of Marketing and Communications, and is subject to any rules and regulations formulated by Pace.

4. The Performer and/or Agent agree to waive all rights, claims and causes of action arising from pictures, newspaper accounts, recordings and other reproductions that Pace may make of Speaker’s performance or display, provided that Pace's use of same shall be restricted to such activities as are permitted by law for non-profit education corporations.

5. (a) The Performer and/or Agent agree to defend, indemnify, and hold harmless Pace University, its successors and assigns, and their respective employees and agents to the fullest extent permitted by law from and against any and all claims or demands whatsoever, including associated costs, expenses, and reasonable attorneys’ fees incurred on account thereof, that may be asserted by the Performer’s and/or Agent’s employees, employees of the Performer’s and/or the Agent’s subcontractors or agents, or any other persons for loss, damage, death, or injury to persons or property arising in any manner out of or incident to the Performer’s use of Pace facilities and/or its performance or nonperformance of this Agreement.

(b) The parties agree to cooperate with each other in connection with any internal investigations by Pace or Performer and/or Agent of possible violation of their respective policies and procedures and any third party litigation, except that Pace shall not be required to have any contact with any Union or Union representatives of Performer’s and/or Agent’s employees or subcontractors or participate in any Union grievance or other proceedings relative to Performer’s and/or Agent’s employees or subcontractors except as a fact witness.

6. Where the Performer requires the use of a vehicle in the performance of work under this Agreement, the Performer and/or Agent shall, at all times during the term hereof and at its own expense, keep in full force and effect automobile insurance, in amounts acceptable to Pace, for property damage, bodily injury or death. Performer and/or Agent shall provide Pace with evidence of such insurance upon request.

For Incorporated Performers: In addition to Worker's Compensation, as required by law, Performer and/or Agent shall carry Commercial General Liability insurance in the minimum amount of one million dollars ($1,000,000.00), covering all of Performer and/or Agent’s activities related to this Agreement. Performer’s and/or Agent’s liability policies shall name Pace as an additional insured. Performer and/or Agent shall provide Pace with certificates of insurance evidencing the aforesaid coverage, prior to commencing Work pursuant to this Agreement. The amounts of insurance required to be obtained by Performer and/or Agent hereunder shall not constitute a limitation on the indemnification obligations of Performer and/or Agent.

For unincorporated Performers: Performer shall be responsible for her, his, or its own health, accident, vehicle and other insurance.

7. Except as may be preempted by federal law, this Agreement shall be governed by the laws of the State of New York, without regard to its choice of law principles. Litigation of all disputes between the parties arising from or in connection with this Agreement shall be conducted in a court of appropriate jurisdiction in the State of New York, County of New York.

8. The Performer agrees to comply with all applicable regulations of Pace, including Security regulations, while on Pace’s premises. Each party shall comply with the requirements of all applicable state, federal and local laws including paragraphs (1) through (7) of section 202 of Executive Order 11246 relating to Equal Employment Opportunity. In addition, each party shall comply with applicable provisions of section 402 of the Vietnam Era Readjustment Act of 1974, as amended, and section 503 of the Rehabilitation Act of 1973.

9. In the event of a discrepancy between the terms of the Agreement, the Performer’s Rider (if any) and this Rider, the terms of this Rider shall be controlling.

PACE UNIVERSITY PERFORMER/AGENT

By:______By:______

Name: Ron AloniName:______

Title: VP Finance & ControllerTitle:______

Date:______Date:______