|
4. LIMITATION OF LIABILITY
<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, consequential, 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 />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 />5. INDEPENDENT CONTRACTOR
<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 />6. MISCELLANEOUS PROVISIONS
<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 />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 pay or other forms of
<br />compensation, and selection for training, including apprenticeship.
<br />C. This Agreement may be terminated by City upon ten (10) days written notice of
<br />termination.
<br />7. CONFLICT OF INTEREST CLAUSE
<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 />25d-6
<br />
|