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9. Subcontractors. Artist shall require and verify that all subcontractors maintain
<br />insurance meeting all the requirements stated herein, and Artist shall ensure that
<br />City is an additional insured on insurance required from subcontractors.
<br />10. Special Risks or Circumstances. City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
<br />RELEASE
<br />Artist, on behalf of Artist, accepts any City -provided equipment used in connection with
<br />the performance in their "as -is" condition, with all faults. Artist, on behalf of Artist, fully releases,
<br />waives and discharges forever any and all claims, demands, rights, and causes of action of any
<br />kind or nature against, and covenants not to sue, City, its elected officials, officers, employees,
<br />agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under
<br />any present or future laws, statutes, or regulations for any claim or event relating to the condition
<br />of the City -provided equipment or Artist's use thereof.
<br />S. INDEMNIFICATION
<br />Artist agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Artist or its subcontractors, agents, employees, or other persons acting
<br />on their behalf which relates to the services described in section 1 of this Agreement; and (2) from
<br />any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold
<br />harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
<br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Artist further
<br />agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees
<br />and costs for special counsel to be selected by the City, regarding any action by a third party
<br />challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br />decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
<br />to the extent Artist's services are subject to Civil Code Section 2782.8, the above indemnity shall
<br />be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to,
<br />or relate to the negligence, recklessness, or willful misconduct of the Artist.
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Artist shall defend, indemnify and hold harmless the City, its officers, agents,
<br />representatives, and employees against any and all liability, including costs, and attorney's fees,
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