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of the cost of production and City shall not be liable or responsible for any such payments under this Agreement. C. Payment of deposit of half of invoiced amount for Artist's performance, Three Thousand Five Hundred Dollars and Zero Cents ($3,500), shall be processed upon execution of Agreement and receipt of an invoice by the City and made payable to and available for immediate pickup by Guillermo Garcia, subject to City accounting procedures. d. Remaining balance for Artist's performance of Three Thousand Five Hundred Dollars and Zero Cents ($3,500) shall be paid prior to performance on the day of the event, subject to City accounting procedures. e. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 28, 2022 and terminate on December 31, 2022, unless terminated earlier in accordance with Section 17, below. 4. ROYALTY -FREE LICENSEE The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of the Artist's performance to the City oormnunity or general public, through the internet or any other means. This license shall be non-exclusive and the copyright shall remain with the Artist. Copies of Artist's performance may be maintained by the City, and Artist consents to use of such recordings. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. G. INSURANCE City shall provide, at its sole cost, and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection Page 2of10