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d. City Obligations. City agrees to the following:
<br /> (1) City agrees to take responsibility for preparation of the License Area for the
<br /> Event, and for securing the License Area during the fours outside those
<br /> described in Section 3(b) above, until the completed restoring of the Event
<br /> Space on September 16, 2025.
<br /> (2) City agrees to coordinate with Partner to remove and replace current fencing
<br /> in place at the License Area. If fencing is owned by Partner, City will
<br /> remove, relocate and replace fencing pursuant to the schedule provided in
<br /> Section 3(b). If Partner is renting the fencing from a third-party vendor,
<br /> Partner and/or City will coordinate with the third-party vendor to remove,
<br /> relocate, and replace the fencing to its original condition after the event. The
<br /> cost of fencing during the Term of the Agreement will be borne solely by
<br /> City,
<br /> 4. TERM
<br /> This Agreement shall commence on August 22, 2025 and terminate on September 30,
<br /> 2025, with the option for a one (1) month extension, exercisable by a writing by the City
<br /> Manager and the City Attorney,unless terminated as otherwise provided in this Agreement.
<br /> 5. INDEPENDENT CONTRACTOR
<br /> Partner shall,during the entire term of this Agreement,be construed to be an independent
<br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be
<br /> construed to create an employer-cinployee relationship, a joint venture relationship, or to allow
<br /> the City to exercise discretion or control over the professional manner in which Partner performs
<br /> the services which are the subject matter of this Agreement; however,the services to be provided
<br /> by Partner shall be provided in a manner consistent with all applicable standards and regulations
<br /> governing such services. Partner shall pay all salaries and wages, employer's social security taxes,
<br /> unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br /> applicable withholding taxes.
<br /> 6. RESERVED
<br /> E 7. INDEMNIFICATION
<br /> To the fullest extent permitted b law, Partner shall indemnify, defend and hold h
<br /> Y fy, d armless
<br /> City, its officers, agents and employees (collectively, the "City Indemnified Parties") from and
<br /> against any and all claims (including, without limitation, claims for bodily injury, death or
<br /> damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
<br /> judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
<br /> attorney's fees, disbursements and court costs) of every kind and nature whatsoever
<br /> (individually, a "Clain", collectively, "Claims"), which may arise from or in any manner are
<br /> related (directly or indirectly) to Partner's breach of this Agreement or Partner's presence or
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