AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT
<br /> Contractor must purchased "extended reporting" coverage for a minimum of
<br /> three(3) years after completion of work.
<br /> f. 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 /> g. 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.
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