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P) CARNIVAL. A carnival shall be provided on Third Street from Sycamore to <br />Spurgeon, on Bush from Fourth to Third, and on the Third and Bush surface parking <br />lot. <br />q) OPERATIONAL CONDITIONS. Event Producer shall be required to comply with <br />the attached "Operational Conditions/Scope of Work" describing the scope of tasks for <br />which Event Producer shall be responsible. Said "Operational Conditions/Scope of <br />Work" is attached hereto and incorporated herein in Exhibit A and B. <br />r) QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times as <br />follows: Thursday, Friday, Sunday from 10:00 p.m. through 7:00 a.m., and Saturday <br />from 12:00 a.m. through 8:00 a.m. Quiet hours shall be strictly adhered to by all <br />vendors. <br />2. TERM. <br />This Agreement shall begin April 5, 2010 and terminate the earlier of completion of all <br />accounting for expenses, but no later than December 31, 2010. <br />3. CONSIDERATION. <br />In consideration for the rights granted hereunder, Event Producer agrees to assume all costs <br />and expenses of the Event (the "Event Costs") not to exceed $45,000. Event Costs shall include, but <br />not be limited to: (i) all direct and indirect personnel and material expenses incurred by the Police <br />Department, Fire Department, Code Enforcement Division, Public Works Agency and any other City <br />department, office or agency required to assign personnel to provide services for the set up, operation <br />or breakdown of the Event; (ii) all contractors and subcontractors retained by the Event Producer to <br />carry out any elements of the Event or this Agreement; and (iii) the fees of a third party parade <br />organizer to be retained by City. Event Producer shall pay the Event Costs no later than October 14, <br />2010, except that. The Traffic Control equipment private contract in the amount of $9,800.00 shall <br />be paid to the City no later than August 1, 2010 as stipulated in the Service Agreement. <br />4. LIMITATION OF LIABILITY <br />Without limiting any express financial or liability provisions provided for in this Agreement, <br />City shall not be liable to Event Producer for any indirect, consequential, exemplary, special, incident <br />or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising <br />in connection with this Agreement under any theory of tort, contract, warranty, strict liability or <br />negligence. <br />The foregoing limitation applies to all causes of action and claims, including but not limited <br />to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further <br />understood and agreed that City shall not be responsible for any loss or damage caused by EVENT <br />PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be <br />direct or indirect, proximate or remote. <br />5. INDEPENDENT CONTRACTOR <br />Event Producer is an independent CONTRACTOR and not an employee of City and all of <br />CONTRACTOR'S personnel shall be employees or subcontractors of Event Producer and not <br />employees of the City. Event Producer shall pay all salaries and wages, employer's social security <br />taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for <br />4