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AGREEMENT FOR PERFORMER WITH A MANAGER OR AGENT <br />documents prior to the work beginning shall not waive the Contractor's obligation to <br />provide them. <br />The City reserves the right to require complete, certified copies of all required <br />insurance policies,including endorsements required by these specifications, at any <br />time. <br />9. Subcontractors. Contractor shall require and verify that all subcontractors <br />maintain insurance meeting all the requirements stated herein, and Contractor shall <br />ensure that City is an additional insured on insurance required from subcontractors. <br />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 />Contractor, on behalf of Artist, accepts any City -provided equipment used in connection <br />with the performance in their "as -is" condition, with all faults. Artist, on behalf of Artist, fully <br />releases, waives and discharges forever any and all claims, demands, rights, and causes of action <br />of any kind or nature against, and covenants not to sue, City, its elected officials, officers, <br />employees, agents and volunteers, and all persons acting on behalf of, by, through or under each <br />of them, under any present or future laws, statutes, or regulations for any claim or event relating <br />to the condition of the City -provided equipment or Artist's use thereof. <br />8. INDEMNIFICATION <br />Contractor and Artist agree to defend, and shall indemnify and hold harmless the City, its <br />officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of <br />claims for personal injury, including death, and claims for property damage, which may arise from <br />the negligent operations of the Contractor, Artist, or subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. <br />This indemnity and hold harmless agreement applies to all claims for damages, just compensation, <br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the <br />events referred to in this Section or by reason of the terms of, or effects, arising from this <br />Agreement. The Contractor and Artist further agree to indemnify, hold harmless, and pay all costs <br />for the defense of the City, including fees and costs for special counsel to be selected by the City, <br />regarding any action by a third party challenging the validity of this Agreement, or asserting that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal <br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City <br />may make all reasonable decisions with respect to its representation in any legal proceeding. <br />Notwithstanding the foregoing, to the extent Contractor and Artist's services are subject to Civil <br />Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code <br />Page 5 of 9 <br />