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8. Subletting/Assignments of Contracts. This is a contract for personal services. Artist
<br /> shall not sublet or assign any of the Performance without the express,prior written consent of the
<br /> City.
<br /> 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,
<br /> any and all losses, claims, demands, expenses (including, but not limited to, attorney's fee and
<br /> litigation expenses), suits, judgments, or damage, irrespective of the type of relief sought or
<br /> demanded, such as money or injunctive relief, and irrespective of whether the damage alleged is
<br /> bodily injury, damage to property, economic loss, general damages, special damages, or punitive
<br /> 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
<br /> or 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
<br /> the Artist's records and documents with respect to all matters covered by this Agreement,obtaining
<br /> a 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
<br /> basis of race, color, religion, sex, age, disability, marital state, or national origin.
<br /> Page 4
<br /> (Form Approved by City Attorney's Office July 13, 2011, updated March 16, 2015)
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