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Page 3 of 10 <br />#210221v1 <br /> <br /> <br /> <br /> <br />D. Limit on Advertising/Promotion <br /> <br />1) For the first twelve (12) months after completion of installation, City agrees not to promote <br />any activities on the Pitch at the Park funded by commercial sponsors other than PepsiCo. <br />2) For the first ten (10) years after completion of installation, City agrees not to promote any <br />activities on the Pitch at the Park funded by any company selling packaged snacks or soft <br />drinks. <br /> <br />2. TERM <br /> <br />This Grant Agreement shall commence on the date first written above for a period of ten <br />(10) years and may be extended by a writing signed by the City Manager and the City Attorney, <br />unless terminated earlier in accordance with Section 15, below. <br /> <br />3. INDEPENDENT CONTRACTOR <br /> <br />Grantor and all of Grantor’s partners under Lay’s Replay project shall, during the entire <br />term of this Agreement, be construed to be independent contractors and not an employee(s) of the <br />City. This Agreement is not intended nor shall it be construed to create an employer -employee <br />relationship, a joint venture relationship, or to allow the City to exercise discretion or control over <br />the professional manner in which Grantor and Grantor’s partners perform the services which are <br />the subject matter of this Grant Agreement; however, the services to be provided by Grantor and <br />its partners shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Grantor and its partners shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br /> <br />4. INSURANCE <br /> <br />Grantor shall procure and maintain from beginning of the construction works until <br />acceptance of the installed Pitch by City, insurance against claims for injuries to persons or <br />damages to property which may arise from or in connection with the performance of the work <br />hereunder and the results of that work by the Grantor and/or any project partner(s), their agents, <br />representatives, employees or subcontractors. <br /> <br />A. MINIMUM SCOPE OF INSURANCE- Coverage shall be at least as broad as: <br /> <br />1) Commercial General Liability (CGL): Insurance Services Office Form <br />CG 00 01 covering CGL on an “occurrence” basis, including products and <br />completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $2,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregate limit shall apply <br />Exhibit 1