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Event Producer agrees to and steal I indemnify and hold harmless the City, its officers,
<br />agents, employees, and representatives from liability: (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out ofelaims for personal in
<br />including death, and claims for property damage, which may arise from the direct or indirect
<br />operations of the Event Producer or its contractors, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement. and (2) from any claim that personal injury, daniages,just compensation, restitution,
<br />judicial or equitable relief, including any claims made by artist or representatives of artist that the
<br />City has violated any copyright law(s) is due by reason of the terms of or effects arising from this
<br />Agreement. ']'his indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
<br />by reason of the events referred to in this Section or by reason of the terms of, or effects arising
<br />from this Agreement.
<br />7. COMPIJANCE WITH COPYRIGHT I..,AWS
<br />Event Producer understands that the songs used by performers contracted by Event
<br />Producer may be copywritten music pursuant to federal law, and, if so, that the Artist may have
<br />certain rights relative thereto. This Agreement is explicitly made subject to the artist rights under
<br />any such agreement and any applicable law or regulation, if any. To the extent that there is a
<br />conflict between any such agreement, applicable law or regulation and this Agreement, the terms
<br />of such, applicable law or regulation shall prevail.
<br />Event Producer shall defend, indemnify and save harmless City, its officers, agents,
<br />volunteers and employees, against any and all damages from any and all claims, demands, suits,
<br />actions, or proceedings of any kind or nature, including, but not by way of limitation, violations
<br />of federal copyright laws and/or regulations or by any one whomsoever, in any way resulting
<br />from or arising out of Event Producer's acts or omissions in connection with this Agreement,
<br />including acts or omissions of subcontractors and acts or omissions of employees or agents of
<br />Event Producer or its subcontractors.
<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 l.Jability Insurance. Event Producer shall maintain commercial
<br />general liability insurance which shall include, but not be limited to protection against claims
<br />arising from bodily and personal injury, including death resulting therefrom and damage to
<br />property, resulting from any act or occurrence arising out of Event Producer's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily
<br />and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $2,000,000 per occurrence. Notwithstanding the foregoing, the Commercial General
<br />I.Jability limit for Event 1 shall be $1,000,000 per occurrence. Such insurance shall (a) name the
<br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
<br />be primary with respect to insurance or self-insurance programs maintained by the City; and (c)
<br />contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles.
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