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CITY <br /> CITY OF EVERETT <br /> PERFORMER AGREEMENT <br /> THIS AGREEMENT made and entered into on this 26`h day of March, 2018,by and between the <br /> CITY OF EVERETT. a municipal corporation under the laws of the Statc of Washington, <br /> hereinafter referred to as the "City,"and Adriana A. Fernandez, whose address is 1514 35th Ave. <br /> South, Seattle, WA 98144, phone number is 206-518-4441, and email address is <br /> cantogiordano@gmail.com, hereinafter referred to as the "Artist." <br /> WHEREAS, the City desires to engage the Artist to perform 120 minutes of live music for <br /> Everett's Music at the Marina Series with a minimum of five performers before live audiences: <br /> and <br /> WHEREAS, Artist represented. and by entering into this Agreement now represents, that it is <br /> fully qualified to perform the work described herein in a competent and professional matter; <br /> NOW,THEREFORE, the parties herein do mutually agree as follows: <br /> 1. Engagement of Artist. Artist agrees to perform in a competent and professional manner <br /> the work(s)listed in Exhibit A at the times, dates and places listed in Exhibit A(hereafter referred <br /> to as"Performance"). <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 the Artist. <br /> 3. Publicity and Other Rights. <br /> A. The City may make visual(including without limitation still pictures),sound and any other <br /> 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 <br /> written agreement, except that the City may broadcast. re-broadcast or use still pictures in <br /> accordance with Section 3B. <br /> B. Artist expressly agrees that the City may broadcast, re-broadcast, or use still pictures <br /> containing Artist's likeness in any way. provided that the use is to publicize the Artist, the <br /> Performance, the City or City programs. The City hereby grants Artist a non-transferrable <br /> and non-exclusive license to use any still pictures of the Performance to publicize Artist. <br /> The City has no obligation.however,to make such still pictures and if the City makes such <br /> Page 1 <br /> (Form Approved by City Attorney's Office July 13, 2011, updated March 16, 2015) <br />