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CITY OF EVERETT <br /> PERFORMER AGREEMENT EVERETT <br /> THIS AGREEMENT made and entered into on this 28 day of May, 2021, by and between the <br /> CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the "City," and Richard Porter, whose address is 2803 19th Street,phone <br /> number is (206) 578-1993, and email address is rjamesporter@gmail.com, hereinafter referred to <br /> as the"Artist." <br /> WHEREAS, the City desires to engage the Artist to perform June 12, 2021 at 3 p.m. before live <br /> 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 referred <br /> to as "Performance"). <br /> 2. Work for Hire. The City and Artist agree that Artist shall create no works pursuant to this <br /> Agreement, except for the Performance itself. Works created by Artist that are not solely for the <br /> Performance shall not be works for hire and all rights thereto belong to the Artist. <br /> 3. Publicity and Other Rights. <br /> A. The City may make visual(including without limitation still pictures), sound and any other <br /> recording of the Performance in any media presently existing or that may exist in the future. <br /> The City may not broadcast, re-broadcast, or use any such recording without Artist's prior <br /> written agreement, except that the City may broadcast, re-broadcast or use still pictures in <br /> 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,the <br /> Performance,the City or City programs. The City hereby grants Artist a non-transferrable <br /> and non-exclusive license to use any still pictures of the Performance to publicize Artist. <br /> The City has no obligation,however,to make such still pictures and if the City makes such <br /> Page 1 <br /> (Form Approved by City Attorney's Office July 13, 2011, updated November 4, 2020) <br />