2010-131 Animal Svc - Vincent Daddiego for Art Work

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b. Orange County will compensate the Artist from the proceeds of each raffle an amount equal to twenty percent (20%) of the proceeds of the raffle up to the total value of each piece of artwork. C. Orange County will pay the Artist from the proceeds within thirty (30) days of last day of collection of proceeds from each raffle. d. Orange County may acknowledge the work of the Artist in fundraising outreach and indicate the Artist willingness to contribute 30% of the proceeds of each piece of Artwork purchased to the County for the benefit of Animal Services. 3. Independent Contractor: The Artist shall operate as an independent Contractor, and the County shall not be responsible for any of the Artist's acts or omissions. The Artist shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Artist understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Artist. 4. Copyright. Artist will retain any copyright interests in the art work and will be the copyright holder for all purposes, except the County may reproduce the art work to promote the fundraiser and to promote the Animal Services Department. 5. Indemnification. The County shall defend, indemnify and hold harmless Artist, his agents, and contractors from any and all claims, demands, damages, costs, expenses (including attorney's fees),judgments or liabilities arising from the negligence or willful misconduct of the County. Artist shall defend, indemnify and hold harmless the County, from all claims, demands, damages, costs, expenses (including attorney's fees), judgments or liabilities arising from the negligence or willful misconduct of Artist. With respect to any and all claims, demands, damages, costs, expenses (including attorney's fees),judgments or liabilities arising from the joint or concurrent negligence of Artist and the County, each party shall assume responsibility in proportion to the degree of its respective fault as determined by mediation. 6. Insurance: The Artist shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services. 7. Termination: This Agreement may be terminated at any time by mutual agreement of the parties or by the County upon written notice to the Provider. 8. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 2