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CITY <br /> CITY OF EVERETT <br /> PERFORMER AGREEMENT EVERETT <br /> THIS AGREEMENT made and entered into on this 25th day of February, 2020, by and <br /> between the CITY OF EVERETT, a municipal corporation under the laws of the State of <br /> Washington, hereinafter referred to as the "City," and Keeth Apgar, whose address is PO Box <br /> 171, phone number is 206-355-8239, and email address is greenbanana@harmonicapocket.com, <br /> hereinafter referred to as the"Artist." <br /> WHEREAS, the City desires to engage the Artist to perform 60 minutes of live music for <br /> Everett's Children's Concert Series with a minimum of one performer. Sound system and <br /> personnel will be provided by the City. before live audiences; and <br /> WHEREAS, Artist represented, and by entering into this Agreement now represents, that it is <br /> fully qualified to perform the work described herein in a competent and professional matter; <br /> NOW,THEREFORE,the parties herein do mutually agree as follows: <br /> 1. Engagement of Artist. Artist agrees to perform in a competent and professional manner <br /> the work(s) listed in Exhibit A at the times, dates and places listed in Exhibit A (hereafter <br /> referred to as"Performance"). <br /> 2. Work for Hire. The City and Artist agree that Artist shall create no works pursuant to <br /> this Agreement,except for the Performance itself Works created by Artist that are not solely for <br /> the Performance shall not be works for hire and all rights thereto belong to the Artist. <br /> 3. I'ublieit %and Other Rights. <br /> A. The City may make visual (including without limitation still pictures), sound and any <br /> other recording of the Performance in any media presently existing or that may exist in <br /> the future. The City may not broadcast, re-broadcast, or use any such recording without <br /> Artist's prior written agreement, except that the City may broadcast, re-broadcast or use <br /> still pictures in accordance with Section 3B. <br /> B. Artist expressly agrees that the City may broadcast, re-broadcast, or use still pictures <br /> containing Artist's likeness in any way, provided that the use is to publicize the Artist, <br /> the Performance, the City or City programs. The City hereby grants Artist a non- <br /> transferrable and non-exclusive license to use any still pictures of the Performance to <br /> Page 1 <br /> (Form Approved by City Attorney's Office July 13, 2011, updated August 16, 2019) <br />