documents prior to the work beginning shall not waive the Contractor's obligation to
<br />provide them.
<br />The City reserves the right to require complete, certified copies of all required
<br />insurance policies,including endorsements required by these specifications, at any
<br />time.
<br />(9) Subcontractors. Contractor shall require and verify that all subcontractors
<br />maintain insurance meeting all the requirements stated herein, and Contractor shall
<br />ensure that 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 />7. RELEASE
<br />Contractor, on behalf of Artist, accepts any City -provided equipment used in connection
<br />with the performance in their "as -is" condition, with all faults, provided that equipment used in
<br />connection with the performance must be in working condition. In the event that any of the
<br />equipment used in connection with the performance fails to start, breaks, becomes unsafe or is in
<br />need of maintenance or repair, the Artist agrees to immediately discontinue use, notify the City
<br />and, if directed by City to do so, discontinue the performance. Should the performance be
<br />terminated earlier than agreed upon, the City agrees to render payment in full. Furthermore,
<br />Contractor, on behalf of Artist, fully releases, waives and discharges forever any and all claims,
<br />demands, rights, and causes of action of any kind or nature against, and covenants not to sue, City,
<br />its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf
<br />of, by, through or under each of them, under any present or future laws, statutes, or regulations for
<br />any claim or event relating to the condition of the City -provided equipment or Artist's use thereof.
<br />8. INDEMNIFICATION
<br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, 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 Contractor or its subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br />(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
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