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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. INDEMNIFICATION AND HOLD HARMLESS CLAUSE <br />Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, and representatives from liability: (1) for personal injury, damages, just compensation, <br />restitution, judicial or equitable relief arising out of claims for personal injury, including health, and <br />claims for property damage, which may arise from the direct or indirect operations of the Event <br />Producer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section 1 of this Agreement; and (2) from any claim that <br />personal injury, damages, just compensation, restitution, judicial or equitable, including any claims <br />made by artist or representatives of artist that the City has violated any copyright law(s) relief is due <br />by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless <br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by <br />reason of the terms of, or effects, arising from this Agreement. <br />8. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Event Producer shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br />a. Commercial General Liability Insurance. Event Producer shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection against claims arising from <br />bodily and personal injury, including death resulting therefrom and damage to property, resulting <br />from any act or occurrence arising out of Event Producer's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be <br />not less than the following: single limit coverage applying to bodily and personal injury, including <br />death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. <br />Event Producer shall supply City with a fully executed additional insured endorsement in <br />substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be <br />approved in form by the City Attorney. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired <br />and non-owned automobiles. <br />5