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all applicable withholding.
<br />6. MISCELLANEOUS PROVISIONS
<br />a. Event Producer covenants that it presently has no interest, and shall not have any
<br />interest, direct or indirect, which would conflict in any manner with the performance of services
<br />required hereunder.
<br />b. Event Producer will not discriminate against any employee, or applicant for
<br />employment, because of race, color, religion, sex, marital status, or national origin. Event Producer
<br />will take affirmative action to ensure that applicants are employed, and that employees are treated
<br />during employment, without regard to their race, color, religion, sex, marital status, or national origin.
<br />Such action shall include, but not be limited to, the following: employment, upgrading, demotion or
<br />transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of
<br />compensation, and selection for training, including apprenticeship.
<br />C. This Agreement may be terminated by City upon ten (10) days written notice of
<br />termination.
<br />7. INDEMNIFICATION AND HOLD HARMLESS CLAUSE
<br />Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, and representatives from liability: (1) for personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief arising out of claims for personal injury, including health, and
<br />claims for property damage, which may arise from the direct or indirect operations of the Event
<br />Producer or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
<br />which relates to the services described in section 1 of this Agreement; and (2) from any claim that
<br />personal injury, damages, just compensation, restitution, judicial or equitable, including any claims
<br />made by artist or representatives of artist that the City has violated any copyright law(s) relief is due
<br />by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by
<br />reason of the terms of, or effects, arising from this Agreement. The Event Producer further agrees to
<br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
<br />special counsel to be selected by the City, regarding any action by a third party challenging the
<br />validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
<br />effects arising from this Agreement. City may make all reasonable decisions with respect to its
<br />representation in any legal proceeding.
<br />8. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Event Producer shall
<br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
<br />below:
<br />a. Commercial General Liability Insurance. Event Producer shall maintain commercial
<br />general liability insurance naming the City, its officers, agents, volunteers, and employees as
<br />additional insured(s) and shall include, but not be limited to protection against claims arising from
<br />bodily and personal injury, including death resulting therefrom and damage to property, resulting
<br />from any act or occurrence arising out of Event Producer's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be
<br />not less than the following: single limit coverage applying to bodily and personal injury, including
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