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Agreement and receipt of an invoice by the City, subject to City accounting <br />procedures. <br />h. Remaining balances for Artists' performances shall be paid on the day of the event, <br />subject to City accounting procedures. <br />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 />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 <br />September 30, 2023, unless terminated earlier in accordance with Section 17, below. <br />4. ROYALTY -FREE LICENSE <br />The City shall have the right and royalty -free license to simulcast or produce and show a <br />tape -delayed broadcast of the Artists' performance to the City community or general public, <br />through the internet or any other means. This license shall be non-exclusive and the copyright <br />shall remain with the Artists. Copies of Artists' performance may be maintained by the City, and <br />Artists consent to use of such recordings. <br />5. INDEPENDENT CONTRACTOR <br />Contractor 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 shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor 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 />Page 3 of 11 <br />