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9.Indemnification.Except as otherwise provided in this paragraph,the Artist hereby agrees
<br />to defend and indemnify the City from any and all claims arising out of,in connection with,or
<br />incident to any acts,errors,omissions,or conduct by Artist (or its employees,agents,
<br />representatives or support personnel)relating to this Agreement,whether such Claims sound in
<br />contract,tort,or any other legal theory.Solely and expressly for the purpose of its duties to
<br />indemnify and defend the City,the Artist specifically waives any immunity it may have under the
<br />State Industrial Insurance Law,Title 51 RCW.The Artist recognizes that this waiver of immunity
<br />under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and
<br />was the subject of mutual negotiation.As used in this paragraph:(1)“City”includes the City’s
<br />officers,employees,agents,and representatives and (2)“Claims”include,but is not limited to,any
<br />and all losses,claims,demands,expenses (including,but not limited to,attorney’s fee and litigation
<br />expenses),suits,judgments,or damage,irrespective of the type of relief sought or demanded,such
<br />as money or injunctive relief,and irrespective of whether the damage alleged is bodily injury,
<br />damage to property,economic loss,general damages,special damages,or punitive damages.
<br />10.Insurance.Artist shall procure and keep in force during the term of this Agreement,at
<br />Artist’s own cost and expense,automobile liability insurance on all vehicles used by Artist in the
<br />performance of its duties under this Agreement.Proof of insurance shall be provided to the City
<br />prior to performing any services hereunder.A statement certifying that no vehicle will be used in
<br />fulfilling this Agreement may be substituted for this insurance requirement.
<br />11.Independent Artist.Artist is an independent contractor,and not an employee.Artist shall
<br />be responsible for all obligations relating to taxes (payroll,sales,use,income,industrial insurance
<br />(Workmen’s Compensation,etc.),fees,licenses,excises or payments required by any city,federal or
<br />state law).
<br />12.Compliance with Laws.Artist shall comply with all applicable federal,state and local
<br />laws and regulations,including,but not limited to,providing access to auditors to examine all of the
<br />Artist’s records and documents with respect to all matters covered by this Agreement,obtaining a
<br />City and State business license,and fulfilling state Department of Revenue and Labor and
<br />Industries requirements.
<br />13.Equal Employment Opportunity.Artist shall not discriminate against any employee,
<br />applicant for employment,independent contractor,or proposed independent contractor,on the basis
<br />of race,color,religion,sex,age,disability,marital state,or national origin.
<br />14.Venue.Venue for any lawsuit arising out of this Agreement shall be in the Superior Court
<br />of Snohomish County,Washington.
<br />Page 4
<br />(Form Approved by City Attorney’s Office July 13,2011,updated January 6,2022)
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