HERNANDEZ PRODUCTIONS 2 - Laserfiche WebLink

Home Browse Search

11. HOLD HARMLESS CLAUSE Booking Agent agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Booking Agent or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable, including any claims made by artist or representatives of artist that the City has violated any copyright law(s) relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Booking Agent further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 12. BREACH Inasmuch as this Agreement is intended to secure the specialized services of Mariachi Sol de Mexico, Mariachi Reyna de Los Angeles and Ballet Folkloric, failure of any of the groups to appear and perform shall be considered a material breach of this agreement. The CITY shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. 13. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of BOOKING AGENT, BOOKING AGENT may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the 5