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Letter Agreement Dream Shapers
<br />Page 2
<br />any kind or nature against, and covenant not to sue; City, its elected officials, officers, employees, agents and
<br />volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future
<br />------ -laws, statutes, -or --regulations forany claiin-or-event r -elating -to -the -condition -of the-Property-or-Gity provided
<br />equipment.
<br />12: Speaker/Performer shall maintain during the term of this Agreement, at its sole cost, commercial general liability
<br />insurance with a minimum combined single limit in the amount of $1,000,000 per occurrence for bodily or
<br />personal injury to, illness of, or death of persons, and damage to property, and no less than $2,000,000 in the
<br />general aggregate. Such insurance shall: (a) name the City, its officers, employees, agents, volunteers, and
<br />representatives as additional insured; (b) be primary and not contributory with respect to insurance or self-
<br />insurance
<br />elfinsurance programs maintained by the City; and (c) contain standard separation of insured provisions.
<br />13. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast
<br />of Speaker/Performer's presentation to the City community or general public; through webeast or any other
<br />means. This 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/Perfonner consents to use of such
<br />recordmgs.
<br />14. 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 aresult of violation by Speaker/Performer of copyright laws.
<br />15. Speaker/Perfonner shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, age, national origin; ancestry, disability, or any other basis protected by applicable law in connection
<br />with any activities related to this Agreement.
<br />16. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the
<br />laws of the state of California. Both parties agree that Orange County, California, shall be the venue for any
<br />action or proceeding that may brought or arise out of, in connection with or by reason of this Agreement.
<br />17. This Agreement represents the complete and exclusive statement between the City and Speaker/Performner
<br />regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the
<br />parties. This Agreement may not be modified except by written instrument signed by the City and by an
<br />authorized representative of Speaker/Performer.
<br />Please execute this letter to reflect your agreement to the terms and conditions set forth herein.
<br />CITY OF SANTA AN
<br />DAVD) AVAZOS
<br />City Manager
<br />ATTEST:
<br />MARIA D, HUIZAR
<br />Cleric of the Council
<br />SPEAKER/PERFORMER
<br />DREAM SHAPERS
<br />APPROVED AS TO FORM:
<br />BY.'.
<br />JOS- M. PUNIC
<br />Assistant City Attorney
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