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pictures.If the City takes such pictures,the City shall own all rights in them,including the <br />negatives,except as otherwise provided by this Agreement. <br />4.Artist’s Representations and Warranties.Artist expressly represents and warrants 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 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 that <br />he/she/it is duly licensed to perform such works (e.g.,licenses obtained by the Artist from <br />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 why <br />sufficient personnel or equipment would not be available.By way of example only,union <br />sanctions have not been levied,pending,or threatened that would prevent the Performance; <br />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 />Performance performed or services rendered,including,but not limited to,all labor, <br />materials,supplies,equipment,and incidentals necessary to complete the Performance. <br />Page 2 <br />(Form Approved by City Attorney’s Office July 13,2011,updated January 6,2022)