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3. TERM This Agreement shall commence on the date set forth above and terminate on December 31, 2014, unless terminated earlier in accordance with Section 12, below. 4. COPYRIGHT COMPLIANCE Producer will obtain all necessary approvals required to publicly perform the films and music which will be introduced during the Fiesta events. Producer will defend, indemnify and save harmless City, its officers, employees, agents and volunteers, against any and all damages from any and all claims, demands, suits, actions or proceedings of any kind or nature, including federal copyright laws and/or regulations, or damages resulting from or arising out of the acts of omissions of Producer, her subcontractors, employees, agents or volunteers. 5. INDEPENDENT CONTRACTOR Producer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Producer performs the services which are the subject matter of this Agreement; however, the services to be provided by Producer shall be provided in a manner consistent with all applicable standards and regulations governing such services. 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 taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Producer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Producer shall maintain commercial general Liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Producer's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Producer, if Producer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing