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ATTACHMENT A <br />GENERAL PROVISIONS TO PERFORMER AGREEMENT <br />1. Engagement of Artist. Artist agrees to perform in a competent and professional manner <br />the performance at the times, dates and locations listed in the Basic Provisions ("Performance"). The <br />performance information in the Basic Provisions may be amended by Artist and the City Project Manager <br />or designee by mutual agreement in writing. <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 Artist. <br />3. Publicity and Other Rights. <br />A The City may make visual (including without limitation still pictures), sound and <br />any other 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 written <br />agreement, except that the City may broadcast, re -broadcast or use still pictures in accordance with <br />Section 3B. <br />B. Artist expressly agrees that the City may broadcast, re -broadcast, or use still <br />pictures containing Artist s likeness in any way, provided that the use is to publicize Artist, the <br />Performance, the City or City programs. The City hereby grants Artist a non-transferrable and non- <br />exclusive license to use any still pictures of the Performance to publicize Artist. The City has no obligation, <br />however, to make such still pictures and if the City makes such pictures, then Artist shall pay a reasonable <br />and appropriate charge for prints of such pictures. If the City takes such pictures, the City shall own all <br />rights in them, including the 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 <br />service marks. Artist agrees to defend and indemnify City from any and all claims and damages arising <br />out of Artist's Performance of copyrighted works; <br />B. Artist is capable and experienced in performing the Performance in a professional <br />manner; <br />C. Artist has made all necessary arrangements and paid all necessary fees to the <br />appropriate 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 <br />obscene or vulgar; <br />E. Artist is either the author and copyright holder of all works Artist performs or <br />Artist is duly licensed to perform such works (e.g., licenses obtained by Artist from ASCAP, BMI, SESAC, or <br />other licensing agency); <br />F. Unless otherwise provided in the Basic Provisions, Artist has either already <br />arranged for sufficient personnel and equipment for the Performance, or believes in good faith that it will <br />timely 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 sanctions have <br />not been levied, pending, or threatened that would prevent the Performance; and <br />G. Artist (including all performers and support personnel) shall be at the location of <br />the Performance at least sixty (60) minutes before the scheduled start of the Performance and shall make <br />its presence known to the City's on -site coordinator. <br />5. Compensation. Artist shall be paid as follows: <br />A. The City shall pay Artist only for completed Performance and for services actually <br />rendered which are described herein. Such payment shall be full compensation for Performance <br />3 <br />