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<br />4. LIMITATION OF LIABILITY <br /> <br />Without limiting any express financial or liability provisions provided for in this Agreement, <br />City shall not be liable to Promoter for any indirect, consequentia~ exemplary, special, incident or <br />putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in <br />connection with this Agreement under any theory of tort, contract, warranty, strict liability or <br />negligence. <br /> <br />The foregoing limitation applies to all causes of action and claims, including but not limited <br />to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further <br />understood and agreed that City shall not be responsible for any loss or damage caused by EVENT <br />PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be <br />direct or indirect, proximate or remote. <br /> <br />5. INDEPENDENT CONTRACTOR <br /> <br />Event Producer is an independent CONTRACTOR and not an employee of City and all of <br />CONTRACTOR'S personnel shall be employees or subcontractors of Event Producer and not <br />employees of the City. Event Producer shall pay all salaries and wages, employer's social security <br />taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for <br />all applicable withholding. <br /> <br />6. MISCELLANEOUS PROVISIONS <br /> <br />a. Event Producer covenants that it presently has no interest, and shall not have any <br />interest, direct or indirect, which would conflict in any manner with the performance of services <br />required hereunder. <br /> <br />b. Event Producer will not discriminate against any employee, or applicant for <br />employment, because of race, color, religion, sex, marital status, or national origin. Event Producer <br />will take affirmative action to ensure that applicants are employed, and that employees are treated <br />during employment, without regard to their race, color, religion, sex, marital status, or national origin. <br />Such action shall include, but not be limited to, the following: employment, upgrading, demotion or <br />transfer, recruitment, or recruitment advertising, layoff or termination, rates of payor other forms of <br />compensation, and selection for training, including apprenticeship. <br /> <br />c. This Agreement may be terminated by City upon ten (10) days written notice of <br />termination. <br /> <br />7. CONFLICT OF INTEREST CLAUSE <br /> <br />Event Producer covenants that it presently has no interests and shall not have interests, direct <br />or indirect, who would conflict in any manner with performance of services specified under this <br />Agreement. <br /> <br />4 <br />