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INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is hereby made and entered into this QM k day of 4 , 2009,
by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City") and Jay Moynihan (hereinafter referred to as "Contractor").
WHEREAS, City is producing a theatrical presentation entitled "Grease" (hereinafter
referred to as "Production") for performances July 13 — 16 and 24—26, 2009; and
WHEREAS, Contractor is qualified and trained to perform the function of
_Tenor Saxophone player in a manner reasonably commensurate with Production as outlined in
Attachment A, which is attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. The above recitals are hereby incorporated into and made a part of this agreement.
2. City shall pay to Contractor the sum of$ 800 on or before July 31_, 2009.
3. Contractor shall perform the function of Tenor Saxophone player for Production
to the best of Contractor's abilities, which shall be performed in a reasonable, workmanlike
manner.
4. Contractor shall return all music, parts and equipment provided by the production
to the production manager at the completion of this agreement.
5. Contractor shall be construed as an independent contractor for all purposes.
Contractor shall not be entitled to any benefits, rights or remuneration other than the payment of
the sum specifically provided for herein. City shall not be entitled to control or direct
Contractor's means or manner of performing Contractor's performance of the terms of this
agreement.
6. Contractor shall commence performance of the terms of this agreement on July
13, 2009, or at such earlier date as may be reasonably necessary to perform Contractor's
obligations hereunder in a reasonable workmanlike manner. This agreement shall terminate
upon the conclusion of production, which in no event shall be later than July 26, 2009.
7. Contractor shall hold harmless and indemnify City, its agents, employees,
volunteers and assigns from and against any and all liability of whatsoever nature arising out of
or in connection with production or Contractor's performance of the terms of this agreement,
regardless of any alleged negligent acts by either party hereto. The provisions of this paragraph
shall survive any expiration and/or termination of this agreement. In the event the provisions of
this paragraph are invoked, counsel for City shall be of City's choosing.
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8. Venue for the enforcement of any rights and the resolution of any disputes arising
out of or in connection with the provisions or performance of this Agreement shall be in the
Circuit Court of Kane County, Illinois.
9. The terms of this agreement shall be severable. In the event that any of the terms
or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,
the remainder of this agreement shall remain in full force and effect.
10. This agreement shall not be construed so as to create a joint venture, employment,
partnership or other agency relationship between the parties hereto.
11. This agreement is the sole agreement between the parties hereto regarding the
subject matter hereof. There are no other agreements, either oral or implied between the parties
hereto regarding the subject matter of this agreement. This agreement may not be modified or
amended without the written agreement of the parties hereto.
12. Contractor shall not be entitled to any reimbursement for expenses.
13. Notwithstanding any other provision of this Contract it is expressly agreed and
understood that in connection with the performance of this Contract that the Contractor shall
comply with all applicable Federal, State, City and other requirements of law. Without limiting
the foregoing, Contractor hereby certifies, represents and warrants to the City that Contractor
who will be providing products and/or services with respect to this Contract shall be legal
residents of the United States.
14. In the event of any breach of this Agreement by City, City's liability to Contractor
shall be limited to any payment due to be paid to Contractor pursuant to the terms of this
Agreement. City shall under no circumstances be liable for any additional monetary damages to
Contractor for any reason whatsoever.
CIT7,G CON C O
By By
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