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D. Limit on Advertising/Promotion 1) For the first twelve (12) months after completion of installation, City agrees not to promote any activities on the Pitch at the Park funded by commercial sponsors other than PepsiCo. 2) For the first ten (10) years after completion of installation, City agrees not to promote any activities on the Pitch at the Park funded by any company selling packaged snacks or soft drinks. 2. TERM This Grant Agreement shall commence on the date first written above for a period of ten (10) years and may be extended by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 3. INDEPENDENT CONTRACTOR Grantor and all of Grantor's partners under Lay's Replay project shall, during the entire term of this Agreement, be construed to be independent contractors and not an employee(s) 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 Grantor and Grantor's partners perform the services which are the subject matter of this Grant Agreement; however, the services to be provided by Grantor and its partners shall be provided in a manner consistent with all applicable standards and regulations governing such services. Grantor and its partners 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. 4. INSURANCE Grantor shall procure and maintain from beginning of the construction works until acceptance of the installed Pitch by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Grantor and/or any project partner(s), their agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE- Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply Page 3 of 10 #210221v1