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a. Commercial General Liability Insurance. Performer shall <br />maintain commercial general liability insurance naming the City, <br />its officers, agents, volunteers, and employees as additional <br />insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including <br />death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of Consultant's operations in <br />the performance of this Agreement, including, without limitation, <br />acts involving vehicles. The amounts of insurance shall be not <br />less than the following: single limit coverage applying to bodily <br />and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per <br />occurrence. Performer shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached <br />hereto as Exhibit B upon execution of this Agreement and shall be <br />approved in form by the City Attorney. <br />6. MISCELLANEOUS PROVISIONS <br />A. PERFORMER covenants that it presently has no interest, <br />and shall not have any interest, direct or indirect, which would <br />conflict in any manner with the performance of services required <br />hereunder. <br />B. PERFORMER will not discriminate against any employee, <br />or applicant for employment, because of race, color, religion, <br />sex, marital status, or national origin. PERFORMER will take <br />affirmative action to ensure that applicants are employed, and <br />that employees are treated during employment, without regard to <br />their race, color, religion, sex, marital status, or national <br />origin. Such action shall include, but not be limited to, the <br />following: employment, upgrading, demotion or transfer, <br />recruitment, or recruitment advertising, layoff or termination, <br />rates of pay or other forms of compensation, and selection for <br />training, including apprenticeship. <br />C. This Agreement may be terminated by either party upon <br />one (1) days oral or written notice of termination. <br />7. HOLD HARMLESS CLAUSE <br />PERFORMER shall defend, indemnify and save harmless CITY, <br />its officers, agents, volunteers and employees, against any and <br />all damages to property, or injuries to or death of any person, <br />or persons, including property and employees or agents of CITY, <br />and shall defend, indemnify and save harmless CITY, its officers, <br />agents, volunteers and employees, from any and all claims, <br />demands, suits, actions, or proceedings of any kind of nature, <br />including, but not by way of limitation, worker's compensation <br />2 <br />