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Letter Agreement — Debo Entertainment
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<br />employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes.
<br />10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify,
<br />defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives
<br />from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the negligence or
<br />willful misconduct of Speaker/Performer, his or her agents, or employees.
<br />It. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the
<br />performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges
<br />forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not
<br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by,
<br />through or under each of them, under any present or future laws, statutes, or regulations for any claim or event
<br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
<br />12. Commercial General Liability Insurance (CGL). Speaker/Performer shall maintain commercial general liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s)
<br />and shall include, not be limited to protection against claim arising from bodily and personal injury including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence arising out of Speaker/Performer's
<br />operations in the performance of this Agreement, including without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: Insurance Services Office Form CG 00 01 covering CGL
<br />on an "occurrence" basis, including property damage, bodily injury and personal and advertising injury with limits
<br />no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
<br />apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the
<br />require occurrence limit.
<br />13. Broader Coverage. If the Speaker/Performer maintains broader coverage and/or higher limits than the minimums
<br />shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by
<br />the Speaker/Performer. Any available insurance proceeds in excess of the specified minimum limits of insurance
<br />and coverage shall be available to the City.
<br />14. Certificates of Insurance. Speaker/Performer shall furnish the City with original Certificates of Insurance including
<br />all required amendatory endorsements (or copies of the applicable policy language effecting coverage required) and
<br />a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before
<br />work begins. The City reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements affecting the coverage required by these specifications, at any time.
<br />15. Primary Coverage. For any claims related to this cor
<br />insurance coverage at least as broad as ISO CG 20 0104
<br />agents and volunteers.
<br />tract, the Speaker/Performer's coverage shall be primary
<br />13 as respects to the City, its officers, officials, employees,
<br />16. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City, its
<br />elected or appoints officers, officials, agents, and employees for losses paid under the terms of any policy which
<br />arise from work performed by the Speaker/Performer for the City. This provision also applies to the
<br />Speaker/Performer's Workers' Compensation policy.
<br />17. Cancelation of Insurance Policy. Each insurance policy required shall not be canceled, except with thirty (30) days
<br />written notice to the City.
<br />18. 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 general public, through webcast or any other means.
<br />This license shall be non-exclusive and the copyright shall remain with the Speaker/Perforter. Copies of
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