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C. Union fees, manager and/or agent commissions, and insurance obligations are part <br />of the cost of production and City shall not be liable or responsible for any such <br />payments under this Agreement. <br />d. Payment of deposit of half of invoiced amount for Artist's performance shall be <br />paid upon execution of this Agreement, subject to City accounting procedures. <br />C. Remaining balance for Artist's performance shall be paid the day of the Event prior <br />to Artist's performance, subject to City accounting procedures. <br />Payment need not be made for work that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />City. <br />3. TERM <br />This Agreement shall commence on September 14, 2024 and terminate on September 30, <br />2024, unless terminated earlier in accordance with Section 17, below. <br />4. ROYALTY -FREE LICENSE <br />The City shall have the right and royalty -free license to simulcast or produce and show a <br />tape -delayed broadcast of the Artist's performance to the City community or general public, <br />through the internet or any other means. This license shall be non-exclusive and the copyright <br />shall remain with the Artist. Copies of Artist's performance may be maintained by the City, and <br />Artist consents to use of such recordings. <br />5. INDEPENDENT CONTRACTOR <br />Artist shall, during the entire term of this Agreement, be construed to be independent <br />contractors and not employees of the City. This Agreement is not intended nor shall it be construed <br />to create an employer -employee relationship, a joint venture relationship, or to allow the City to <br />exercise discretion or control over the professional manner in which Artist shall perform the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />Artist shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Artist shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />6. INSURANCE <br />Artist shall procure and maintain for the duration of the contract insurance against claims <br />for injuries to persons or damages to property which may arise from or in connection with the <br />performance of the work hereunder and the results of that work by the Artist, their agents, <br />representatives, employees or subcontractors. <br />Page 2 of 9 <br />