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AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT
<br />g. Subcontractors. Contractor shall require and verify that all sub -contractors
<br />maintain insurance meeting all the requirements stated herein, and Contractor shall
<br />ensure that City is an additional insured on insurance required from sub -contractors.
<br />h. Special Risks or Circumstances. City reserves the right to modify these
<br />requirements, including limits, based on the nature of therisk, 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. Artist, on behalf of Artist, fully
<br />releases, waives and discharges forever any and all claims, demands, rights, and causes of action
<br />of any kind or nature against, and covenants not to sue, City, its elected officials, officers,
<br />employees, agents and volunteers, and all persons acting on behalf of, by, through or under each
<br />of them, under any present or future laws, statutes, or regulations for any claim or event relating
<br />to the condition of the City -provided equipment or Artist's use thereof.
<br />8. INDEMNIFICATION
<br />Contractor and Artist agree to defend, and shall indemnify and hold harmless the City, its
<br />officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />claims for personal injury, including death, and claims for property damage, which may arise from
<br />the negligent operations of the Contractor, Artist, or subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
<br />This 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 and Artist further agree to indemnify, hold harmless, and pay all costs
<br />for the 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
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Contractor and Artist's services are subject to Civil
<br />Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
<br />Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Artist.
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Contractor and Artist shall defend, indemnify and hold harmless the City, its officers,
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