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<br />Page 2 <br />(Form Approved by City Attorney’s Office July 13, 2011, updated March 13, 2022) <br />the City makes such pictures, then Artist shall pay a reasonable and appropriate charge <br />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 /> <br />4. Artist’s Representations and Warranties. Artist expressly represents and warrants <br />that: <br /> <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 /> <br />B. Artist is capable and experienced in performing the Performance in a professional <br />manner; <br /> <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 /> <br />D. The Performance will be suitable for an audience of all ages and will not be obscene or <br />vulgar; <br /> <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 /> <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 /> <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 /> <br />5. Compensation. The artist shall be paid as follows: <br /> <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