any theory of tort, contract, warranty, strict liability or negligence.
<br />The foregoing limitation applies to all causes of action and claims, including but
<br />not limited to Breach of Contract, Negligence, Strict Liability, Misrepresentation and
<br />other torts. It is further understood and agreed that City shall not be responsible for any
<br />loss or damage caused by protest, hostile or wazlike action, civil disorders or any
<br />governmental action, whether such loss be direct or indirect, proximate or remote.
<br />5. INDEPENDENT CONTRACTOR
<br />Producer is an independent contractor and not an employee of City and all of
<br />Producer's personnel shall be employees or subcontractors of Producer and not
<br />employees of the City. Producer shall pay all salaries and wages, employer's social
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall
<br />be responsible for all applicable withholding.
<br />6. CONFLICT OF INTEREST
<br />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
<br />services required hereunder.
<br />7. INDEMNIFICATION AND HOLD HARMLESS CLAUSE
<br />Producer agrees to and shall indemnify and hold harmless the City, its of£cers,
<br />agents, employees, and representatives from liability_ (1) for personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from
<br />the direct or indirect operations of the Producer or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described
<br />in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief, including any claims made by artist
<br />or representatives of artist that the City has violated any copyright law(s), is due by
<br />reason of the terms of or effects arising from this Agreement. This indemnity and hold
<br />harmless agreement applies to all claims for damages, just compensation, restitution,
<br />judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or ef%cts, arising from this
<br />Agreement.
<br />8. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Producer shall
<br />maintain and shall require its subcontractors, if any, to obtain and maintain Worker's
<br />Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor
<br />Code, Parade Producer, if Pazade Producer has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self - insurance. Prior to
<br />commencing the performance of the work under this Agreement, Pazade Producer agrees
<br />to obtain and maintain any employer's liability ins»*-a*,ce with limits not less than
<br />$1,000,000 per accident.
<br />9. NOTICE
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