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for prints of such pictures. If the City takes such pictures, the City shall own all rights in <br /> them, including the negatives, except as otherwise provided by this Agreement. <br /> 4. Artist's Representations and Warranties. Artist expressly represents and warrants <br /> that: <br /> A. The Performance shall not infringe on another's copyright, or rights in trade or service <br /> marks. Artist agrees to defend and indemnify City from any and all claims and damages <br /> arising out of Artist's Performance of copyrighted works; <br /> B. Artist is capable and experienced in performing the Performance in a professional <br /> manner; <br /> C. Artist has made all necessary arrangements and paid all necessary fees to the appropriate <br /> unions and guilds to which it belongs for the Performance and for any technicians or <br /> supporting personnel Artist provides; <br /> D. The Performance will be suitable for an audience of all ages and will not be obscene or <br /> vulgar; <br /> E. Artist is either the author and copyright holder of all works performed by him/her/it, or <br /> that he/she/it is duly licensed to perform such works (e.g., licenses obtained by the Artist <br /> from ASCAP, BMI, SESAC, or other licensing agency); <br /> F. Unless otherwise provided in Exhibit A, Artist has either already arranged for sufficient <br /> personnel and equipment for the Performance, or believes in good faith that it will timely <br /> obtain sufficient personnel and equipment for the Performance, and knows of no reason <br /> why sufficient personnel or equipment would not be available. By way of example only, <br /> union sanctions have not been levied, pending, or threatened that would prevent the <br /> Performance; and <br /> G. Artist (including all performers and support personnel) shall be at the location of the <br /> Performance at least sixty (60) minutes before the scheduled start of the Performance and <br /> shall make its presence known to the City's on site coordinator. <br /> 5. Compensation. The artist shall be paid as follows: <br /> A. The City shall pay the Artist only for completed Performance and for services actually <br /> rendered which are described herein. Such payment shall be full compensation for <br /> Page 2 <br /> (Form Approved by City Attorney's Office July 13, 2011) <br />