LA FAMILIA ENTERPRISES 2 - Laserfiche WebLink

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harness agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The ARTIST further agrees to indemnify, hold harmless, and pay all costs for the defense of the CITY, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the teens of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 10. BREACH Inasmuch as this Agreement is intended to secure the specialized services of Little Joe y La Familia, failure of the group to appear and perform shall be considered a material breach of this agreement. The CITY shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. 11. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of ARTIST, ARTIST may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY'S prior written consent shall be considered null and void. Nothing in this Agreement shall be constnred to limit the CITY'S ability to have any of the services which are the subject of this Agreement performed by CITY personnel or by other Agents retained by CITY. 12. COMPLIANCE WITH COPYRIGHT LAWS ARTIST understands that the songs used by its performers maybe copyrighted music pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This Agreement is explicitly made subject to the artist rights under a~ such agreement and any applicable law or regulation, if arty. To the extent that there is a conflict between any such agreement, applicable law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail. ARTIST shall defend, indemnify and save harmless CffY, its officers, agents, volunteers and employees, against any and all damages from any and all claims, demands, suits, actions, or proceedings of any kind or nature, including, but not by way of limitation, violations of federal copyright laws andlor regulations or by any one whomsoever, in any way resulting from or arising out of ARTIST'S acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of ARTIST or its subcontractors.