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the exercise of the permission given herein. Promoter will make no claim to any such interest. <br />Any violation of this provision will immediately void and terminate this Agreement. <br />5. RECORD KEEPING AND AUDIT <br />A. Promoter shall establish and maintain separate accounting records for the Event. <br />Promoter's accounting system shall conform to generally -accepted accounting principles and all <br />records shall provide a breakdown of total costs and revenues associated with the Event. <br />B. All Promoter's records of revenues and repairs pertaining to the Event referenced <br />herein shall be kept for three years and made available at all times for audit by City upon request. <br />6. INDEPENDENT CONTRACTOR <br />Promoter shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which Promoter <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Promoter shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Promoter shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />INSURANCE <br />Prior to undertaking performance of any work relative to the Event Linder this Agreement, <br />Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain <br />insurance as described below: <br />A. Commercial General Liability Insurance. Promoter and each of its operators <br />and subcontractors shall maintain commercial general liability insurance which shall <br />include, but not be limited to protection against claims arising from bodily and personal <br />injury, including death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of the operations or performance of this Agreement by <br />Promoter, its operators or subcontractors, including, without limitation, acts involving <br />vehicles. The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and property damage, <br />in the amount of $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, <br />employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not <br />contributory with respect to insurance or self-insurance programs maintained by the City; and (c) <br />contain standard separation of insureds provisions. <br />B. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />C. Workers' Compensation Insurance. In accordance with the provisions of California <br />State law, Promoter, if Promoter has any employees, is required to be insured against liability for <br />worker's compensation or to undertake self-insurance. Prior to commencing the performance of <br />the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />