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P) CARNIVAL. A carnival shall be provided on Third Street from Sycamore to Spurgeon, on Bush from Fourth to Third, and on the Third and Bush surface parking lot. q) OPERATIONAL CONDITIONS. Event Producer shall be required to comply with the attached "Operational Conditions/Scope of Work" describing the scope of tasks for which Event Producer shall be responsible. Said "Operational Conditions/Scope of Work" is attached hereto and incorporated herein in Exhibit A and B. r) QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times as follows: Thursday, Friday, Sunday from 10:00 p.m. through 7:00 a.m., and Saturday from 12:00 a.m. through 8:00 a.m. Quiet hours shall be strictly adhered to by all vendors. 2. TERM. This Agreement shall begin April 5, 2010 and terminate the earlier of completion of all accounting for expenses, but no later than December 31, 2010. 3. CONSIDERATION. In consideration for the rights granted hereunder, Event Producer agrees to assume all costs and expenses of the Event (the "Event Costs") not to exceed $45,000. Event Costs shall include, but not be limited to: (i) all direct and indirect personnel and material expenses incurred by the Police Department, Fire Department, Code Enforcement Division, Public Works Agency and any other City department, office or agency required to assign personnel to provide services for the set up, operation or breakdown of the Event; (ii) all contractors and subcontractors retained by the Event Producer to carry out any elements of the Event or this Agreement; and (iii) the fees of a third party parade organizer to be retained by City. Event Producer shall pay the Event Costs no later than October 14, 2010, except that. The Traffic Control equipment private contract in the amount of $9,800.00 shall be paid to the City no later than August 1, 2010 as stipulated in the Service Agreement. 4. LIMITATION OF LIABILITY Without limiting any express financial or liability provisions provided for in this Agreement, City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in connection with this Agreement under any theory of tort, contract, warranty, strict liability or negligence. The foregoing limitation applies to all causes of action and claims, including but not limited to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further understood and agreed that City shall not be responsible for any loss or damage caused by EVENT PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be direct or indirect, proximate or remote. 5. INDEPENDENT CONTRACTOR Event Producer is an independent CONTRACTOR and not an employee of City and all of CONTRACTOR'S personnel shall be employees or subcontractors of Event Producer and not employees of the City. Event Producer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding. 4