a. Contractor shall make reasonable responses in writing or verbally, depending on how the
inquiry was made to the Contractor, to public inquiries regarding its operations.
b. Before Contractor adopts any rules and procedures governing the provision of services
pursuant to this Contract, all interested parties, such as active producers, shall be given an
opportunity to be heard at a Board meeting.
c. Each of these representations and warranties shall be continuing in nature and shal! be deemed
to be reaffirmed each time the Contractor accepts payment for services provided under this
contract.
SECTION 12. INDEMNIFICATION AND INSURANCE.
A. The Contractor agrees to hold the City, its officers, agents, employees, and assigned
volunteers harmless of any and all actions, claims, demands, costs, damages and liabilities on
account of or arising out of the City's payments to the same of the funds referred to in Section 6 of
this Agreement.
B. The Contractor shall hold the City and its officers, agents, employees and assigned volunteers
harmless from and defend and indemnify them against any and all actions, claims, demands and
liability arising from the negligence or other legal fault of the governing body, officers, agents,
employees and assigned volunteers of the Contractor.
C. Contractor for itself and its agents, employees, and any authorized subcontractors, shall defend,
indemnify and hold the City, its successors, assigns, officers, employees and elected officials,
harmless from and against any and all claims, demands, suits, causes of action and judgments,
whether in contract or in tort or otherwise (including negligence and strict liability), arising out of,
incident to, concerning or resulting from the performance of any services under this contract or the
negligence or willful misconduct of Contractor, its agents employees, and/or subcontractors, in the
performance of services under this contract, including, but not limited to, claims for:
|. damage to or loss of the property of any person (including but not limited to Contractor, its
agents, officers, employees and subcontractors, and third parties);
2. death, bodily injury, illness, disease, worker’s compensation, loss of services, or loss of
income or wages to any person (including but not limited to the agents, officers and
employees of Contractor; and
3. violations of any laws, rules regulations, procedures and policies of the Federal, State and
local governments, including any claims arising out of any content or program material
produced and/or broadcast, including but not limited to, claims in the nature of libel,
slander, invasion or privacy of publicity rights, non-compliance with applicable laws,
license fees and the unauthorized use of copyrighted material.
D. Contractor shall not be obligated under this section to indemnify and hold the City harmless for
claims, damages, and losses, if any, to the extent that the claim, damage, or loss was caused by the
negligence or willful misconduct of the City.
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