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7. Reserved
<br />8. Safety
<br />Artist shall execute and maintain its work so as to avoid injury or damage
<br />to any person or property. In carrying out its services, the Artist shall at all times be in
<br />compliance with all applicable local, state and federal laws, rules and regulations, and
<br />shall exercise all necessary precautions for the safety of employees/volunteers
<br />appropriate to the nature of the work and the conditions under which the work is to be
<br />performed. Safety precautions as applicable shall include, but shall not be limited to: (i)
<br />adequate life protection and life saving equipment and procedures; (ii) instructions in
<br />accident prevention for all employees, volunteers and subcontractors, such as safe
<br />walkways, scaffolds, fall protection ladders, bridges, confined space procedures,
<br />trenching and shoring, equipment and other safety devices, equipment and wearing
<br />apparel as are necessary or lawfully required to prevent accidents or injuries; and (iii)
<br />adequate facilities for the proper inspection and maintenance of all safety measures.
<br />9. Release of Liabilitv
<br />Artist, Property Owner, and Donor agree to hereby fully release and
<br />forever discharge the City from any and all claims, demands, damages, losses, and
<br />liabilities (hereafter collectively referred to as "Claims"), which are or may be related to
<br />or in any way connected with the negligence or wilful misconduct of its officers, officials,
<br />employees or agents in connection with the creation, painting, installation, or restoration
<br />of the Mural and the completion of the project.
<br />10. Mutual Indemnification
<br />A. Artist, Property Owner, and Donor shall defend (with legal counsel
<br />reasonably acceptable to the City), indemnify and hold harmless the City and its
<br />officers, officials, employees and agents against any and all liability, amounts paid in
<br />settlement costs, penalties, fines, judgments and other costs and expenses, including
<br />attorneys' fees, arising out of the active negligence and/or intentional or willful
<br />misconduct of the Artist, Property Owner, or Donor, or their officers, officials,
<br />employees, or agents in connection with the Mural.
<br />B. The City shall defend (with legal counsel reasonably acceptable to
<br />Artist, Property Owner, and Donor), indemnify and hold harmless Artist, Property
<br />Owner, and Donor, its officers, officials, employees and agents against any and all
<br />liability, amounts paid in settlement, costs, penalties, fines, judgments and other costs
<br />and expenses, including attorneys' fees, arising out of the active negligence and/or
<br />intentional or willful misconduct of City, its officers, officials, employees or agents in
<br />connection with the Mural.
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