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charges identified in Exhibits A and B. The total amount to be expended under <br />this Agreement shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000). <br />b. Union fees, manager and/or agent commissions, and insurance obligations are part <br />of the cost of production and City shall not be liable or responsible for any such <br />payments under this Agreement. <br />C. Contractor will be responsible for paying the Artists procured pursuant to this <br />Agreement directly and will be responsible for compliance with all applicable wage <br />and hour laws, tax withholding, and any other applicable laws. Contractor agrees <br />to indemnify, hold harmless, and defend the City, its officials, employees, agents <br />and volunteers from any claim or lawsuit wherein it is alleged that Artist(s) retained <br />pursuant to this Agreement were not paid; not paid what was owed; or any wage, <br />hour or tax obligation which is alleged to have resulted pursuant to this Agreement. <br />d. Payment of deposit for Beatriz Adriana's performance of Ten Thousand Dollars <br />and Zero Cents ($10,000) shall be processed upon execution of Agreement and <br />receipt of an invoice by the City, subject to City accounting procedures. <br />e. Payment of deposit for El Chapo de Sinaloa's performance of Fifteen Thousand <br />Dollars and Zero Cents ($15,000) shall be processed upon execution of Agreement <br />and receipt of an invoice by the City, subject to City accounting procedures. <br />f Remaining balances for Artists' performances of Twenty -Five Thousand Dollars <br />and Zero Cents ($25,000) shall be paid on the day of the event, subject to City <br />accounting procedures. <br />g. Contractor agrees that if for any reason, performer selected by Contractor and <br />approved by the City, is unable to perform at the scheduled City event or does not <br />appear, Contractor will immediately refund any monies paid to it for the <br />performer's services at the specified City event. Contractor will bear the sole risk <br />and responsibility of recouping any damages incurred by Contractor as the result <br />of performer failing to attend or being unable to attend. If the City and Contractor <br />can come to a mutual agreement regarding the services of an alternative performer <br />for the specified City event within a reasonable amount of time prior to the event, <br />Contractor will be obligated to repay only the portion of the funds previously <br />paid, in excess of the agreed upon fees for the alternative performer, if any. <br />h. Payment need not be made for work that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on December <br />31, 2022, unless terminated earlier in accordance with Section 17, below. <br />Page 2 of 10 <br />