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Agreement. At its sole option, City may deduct from the final payment due the Artist (a) any
<br /> damages, expenses, or costs arising out of any such violations, breaches, or non-performance and
<br /> (b) any other back charges or credits.
<br /> 7. Cancellation due to Weather. At its sole option, City may cancel individual
<br /> Performances due to inclement weather or emergency. No payment shall be made for such
<br /> cancelled Performance, except if Notice is delivered the day of or during a Performance, then
<br /> that individual Performance shall be deemed a completed Performance for the purposes of
<br /> determining pro rata compensation. If a Performance is cancelled due to inclement weather or
<br /> emergency and Notice is delivered prior to the day of the Performance, that Performance will not
<br /> be deemed a completed Performance if this Agreement is later terminated by the City.
<br /> 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
<br /> agrees to defend and indemnify the City from any and all claims arising out of, in connection
<br /> with, or 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
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) "City"
<br /> includes the City's officers, employees, agents, and representatives and(2) "Claims" include, but
<br /> is not limited to, any and all losses, claims, demands, expenses (including, but not limited to,
<br /> attorney's fee and litigation expenses), suits, judgments, or damage, irrespective of the type of
<br /> relief sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br /> damage alleged is bodily injury, damage to property, economic loss, general damages, special
<br /> 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 /> Page 4
<br /> (Form Approved by City Attorney's Office July 13, 2011, updated July 23, 2018)
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