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10. Special Risks or Circumstances. City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior experience, <br />insurer, coverage, or other special circumstances. <br />RELEASE <br />Artist, on behalf of Artist, accepts any City -provided equipment used in connection with <br />the performance in their "as -is" condition, with all faults. Artist, on behalf of Artist, fully releases, <br />waives and discharges forever any and all claims, demands, rights, and causes of action of any <br />kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, <br />agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under <br />any present or future laws, statutes, or regulations for any claim or event relating to the condition <br />of the City -provided equipment or Artist's use thereof. <br />8. INDEMNIFICATION <br />Artist agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury, <br />damages, 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 the <br />negligent operations of the Artist or its subcontractors, agents, employees, or other persons acting <br />on their behalf which relates to the services described in section 1 of this Agreement; and (2) from <br />any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief <br />is due by 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, judicial or <br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in <br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Artist further <br />agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees <br />and costs for special counsel to be selected by the City, regarding any action by a third party <br />challenging the validity of this Agreement, or asserting that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by <br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable <br />decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, <br />to the extent Artist's services are subject to Civil Code Section 2782.8, the above indemnity shall <br />be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, <br />or relate to the negligence, recklessness, or willful misconduct of the Artist. <br />9. INTELLECTUAL PROPERTY INDEMNIFICATION <br />Artist shall defend, indemnify and hold harmless the City, its officers, agents, <br />representatives, and employees against any and all liability, including costs, and attorney's fees, <br />for infringement of any United States' letters patent, trademark, or copyright contained in the work <br />product or documents provided by Artist to the City pursuant to this Agreement. <br />Page 5 of 10 <br />