ARTIST ROYALTY AND MUSIC SERVICES, LLC - TIERRA LEGACY

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AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT b. Contractor agrees that the City is not responsible for payment directly to Artist nor anyone else purporting to represent them. C. Union fees, manager and/or agent commissions, and insurance obligations are part of the cost of production and City shall not be liable or responsible for any such payments under this Agreement. d. Payment of deposit of half of invoiced amount for Artist's performance shall be paid prior to the performance, subject to City accounting procedures. e. Remaining balance for Artist's performance shall be paid within forty-five (45) days after the performance, subject to City accounting procedures. d. 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. UNNERY&RAD This Agreement shall commence on August 27, 2023 and terminate on August 27, 2023 after the event, unless terminated earlier in accordance with Section 17, below. 4. ROYALTY -FREE LICENSE 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 community 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 and Artist shall, during the entire term of this Agreement, be construed to be independent contractors 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 Contractor and/or Artist perform the services which are the subject matter of this Agreement; however, the services to be provided by Contractor and Artist 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. 6. INSURANCE Contractor on behalf of Artist shall procure 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 Page 2 of 9