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g. EXCI.USIViTY OF SPONSORSHIP This sponsorship is non-exclusive. The City may enter into other sponsorship agreements for this Event. 6. TERM This Agreement shall commence on the date stated above and continue through October 31, 2014, unless terminated as otherwise provided in this Agreement. 7. INDEPENDENT CONTRACTOR Sponsor and Viva, their respective employees and volunteers shall, during the entire term of this Agreement, be construed to be an independent contractor and not employees of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Sponsor and/or Viva, their respective employees or volunteers, performs the services which are the subject matter of this Agreement; however, the services to be provided by Sponsor and/or Viva, their respective employees and volunteers, shall be provided in a manner consistent with all applicable standards and regulations governing such services. Sponsor and Viva shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. INSURANCE During the term of this Agreement, Sponsor and Viva shall maintain and shall require its subcontractors or agents, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Sponsor and Viva shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Sponsor's and/or Viva's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and non-contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. #9235v3 4