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Agmt24 Zoppe Family Inc,
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Agmt24 Zoppe Family Inc,
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Last modified
9/27/2024 1:16:03 PM
Creation date
9/27/2024 1:15:45 PM
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Agreement
PROJECT NAME
Live Performance Agreement 2024
RMP File Number
304.5
Date
9/13/2024
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REV: 07-11-24 VR <br />17.8 Cross Liability Endorsement. Performers will provide the City with a cross <br />liability endorsement(s) or severability of interests endorsement(s) from <br />Performer's Commercial General Liability carrier(s) in favor of the City. <br />18. Status of Performers. Performers will execute the Performances as independent <br />contractors and not as an employee of City. The persons used by Performers to provide <br />services under this Agreement will not be considered employees of City for any <br />purposes. <br />19. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br />Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br />be tried in a court of competent jurisdiction in the County of San Mateo, State of <br />California, and the Parties waive all provisions of law providing for a change of venue in <br />these proceedings to any other county. <br />20. Successors and Assigns. It is mutually understood and agreed that this <br />Agreement will be binding upon the Parties and their respective successors. Neither this <br />Agreement nor any part of it nor any monies due or to become due under it may be <br />assigned by Performers or Agent without the prior consent of City, which will not be <br />unreasonably withheld. <br />21. Paragraph Headings. Paragraph headings as used herein are for convenience <br />only and will not be deemed to be a part of such paragraphs and will not be construed <br />to change the meaning thereof. <br />22. Entire Agreement. This Agreement, together with any other written document <br />referred to or contemplated by it, along with the purchase order for this Agreement and <br />its provisions, embody the entire Agreement and understanding between the Parties <br />relating to the subject matter of it. In case of conflict, the terms of the Agreement <br />supersede the purchase order and any other attachment or exhibit. Neither this <br />Agreement nor any of its provisions may be amended, modified, waived, or discharged <br />except in a writing signed by both Parties. <br />23. Authority. The individuals executing this Agreement and the instruments <br />referenced in it on behalf of Consultant each represent and warrant that they have the <br />legal power, right and actual authority to bind Consultant to the terms and conditions of <br />this Agreement. <br />24. Electronic Signatures. If all Parties agree, electronic signatures may be used in <br />place of original signatures on this Agreement. Each Party intends to be bound by the <br />signatures on the electronic document, is aware that the other Parties will rely on the <br />electronic signatures, and hereby waives any defenses to the enforcement of the terms <br />of this Agreement based on the use of an electronic signature. After all Parties agree to <br />the use of electronic signatures, all Parties must sign the document electronically. <br />[Signature Page Follows] <br />ATTY/AGR.2024.080/Zoppé Family, Inc. (Live Performance Agreement) (Page 7 of 11)
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