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<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 /> Parade Producer is an independent CONTRACTOR and not an employee of City and all of
<br /> CONTRACTOR'S personnel shall be employees or subcontractors of Parade Producer and not
<br /> employees of the City. Parade 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. Parade 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. Parade Producer will not discriminate against any employee, or applicant for
<br /> employment, because of race, color, religion, sex, marital status, or national origin. Parade 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 /> Parade 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 Parade
<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, Parade 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. Parade 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 Parade Producer's operations in the performance of this
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