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Letter Agreement— Wonders of Wildlife, inc.
<br />Page 2
<br />N-2018-114
<br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability insurance
<br />naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall
<br />include, but not be limited to protection against claims arising from bodily ar14 personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence arising out of SpeakerlPerformees
<br />operations in the performance of this Agreement, including without limitation, acts involving vehicles. The amounts
<br />of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including
<br />death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in
<br />the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives
<br />as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs
<br />maintained by the City; and (3) contain standard separation of insured provisions.
<br />13. Worker's Compensation -,Insurance. In accordance with the California Labor Code, Speaker/Perfonner, if
<br />Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to
<br />undertake self-insurance.
<br />14. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of
<br />Speaker/Performer's presentation to the City community or generalpublic, through webeast or any otter means. This
<br />license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of
<br />Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such
<br />recordings.
<br />is. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be
<br />required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or
<br />damages, including attorney's fees, that may arise as a result of violation by Speaker/Performer of copyright laws.
<br />16. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
<br />age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities
<br />related to this Agreement.
<br />17. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of
<br />the state of California. Both parties agree that Orange County, California, shall be the venue for any action or
<br />proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
<br />18. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding
<br />the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This
<br />Agreement may not be modified except by written instrument signed by the City and by an authorized representative of
<br />Speaker/Performer.
<br />CiTY OF SANTA ANA SPEAKER/PERFORMER
<br />RAUL GODTNE411 ✓V Name:�--
<br />City Manager Title:
<br />ATTF T;/% APPROVED AS TO FORM:
<br />tYARi D. HUiZAR LAURA A. ROSSINi
<br />Clerk of the Council Senior Assistant City Attorney
<br />RECOMMENDED FOR APPRO31--_.NN___
<br />JEATE 1URAD0, Actirig`"E ccutive Direetor,'PRCSA
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