|
Producer's personnel shall be employees or subcontractors of Event Producer and not employees of the
<br />City. Event Producer shall pay all salaries and wages, employer's social security taxes, unemployment
<br />insurance and similar taxes relating to employees and shall be responsible for all applicable withholding.
<br />6. 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 death, and claims
<br />for property damage, which may arise from the direct or indirect operations of the Event Producer or its
<br />contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the
<br />services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief, including any claims made by artist or
<br />representatives of artist that the City has violated any copyright law(s), is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects arising
<br />from this Agreement.
<br />7. COMPLIANCE WITH COPYRIGHT LAWS
<br />Event Producer understands that the songs used by performers contracted by Event Producer may
<br />be copywritten music pursuant to federal law, and, if so, that the Artist may have certain rights relative
<br />thereto. This Agreement is explicitly made subject to the artist rights under any such agreement and any
<br />applicable law or regulation, if any. To the extent that there is a conflict between any such agreement,
<br />applicable law or regulation and this Agreement, the terms of such, applicable law or regulation shall
<br />prevail.
<br />Event Producer shall defend, indemnify and save harmless City, its officers, agents, volunteers
<br />and employees, against any and all damages from any and all claims, demands, suits, actions, or
<br />proceedings of any kind or nature, including, but not by way of limitation, violations of federal copyright
<br />laws and/or regulations by anyone whomsoever, in any way resulting from or arising out of Event
<br />Producer's acts or omissions in connection with this Agreement, including acts or omissions of
<br />subcontractors and acts or omissions of employees or agents of Event Producer or its subcontractors.
<br />8. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Event Producer shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a) Commercial General Liability Insurance. Event Producer shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising
<br />from bodily and personal injury, including death resulting therefrom and damage to property,
<br />resulting from any act or occurrence arising out of Event Producer's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the
<br />total amount of $2,000,000 per occurrence. Notwithstanding the foregoing, the Commercial
<br />General Liability limit for Event I shall be $1,000,000 per occurrence. Such insurance shall
<br />(a) name the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s); (b) be primary and not -contributory with respect to insurance or self-
<br />insurance programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions.
<br />
|