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Letter Agreement — Drearn Shapers
<br />Page 2
<br />12. Commercial General .Liability Insurance. Speaker/Performer shall maintain commercial general liability
<br />insurance naming the City, itsofficers, employees, agents, volunteers and representatives as additional insured(s)
<br />and shall include, but not be limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of
<br />Speakar/Perfformer's operations in the performance of this .Agreement, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not les than the following; single limit coverage applying
<br />to bodily and personal injury, including death resulting therefrom, and property damage., in the total amount of
<br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its
<br />officers, employees, agents, volunteers, and representatives as additional insureds, (2) be primary and not
<br />contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard
<br />separation of insured provisions,
<br />13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, 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-frec license to simulcast or produce and show a tape -delayed broadcast
<br />of Speaker/Performer's-presentationto the City community or general public, through webeastor any other
<br />means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Pcrformer. Copies of
<br />Speaker/Performer's presentation may be maintained by she City, and Speaker/Performer consents to use of such
<br />recordings.
<br />15. 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 />15. Speaker/Performer 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 />17. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and cinder the
<br />laws of the state of California. Both patties agree that Orange County, California, shall be the venue for any
<br />action or proceeding that may be broughtorarise 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
<br />regarding the subject matter herein and supersedes any said all other agreements, oral or written, between the
<br />parties. This Agreement may not be mollified 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 ANA
<br />DAVID 'AVAZOS
<br />City Manager
<br />ATTEST
<br />`-Mal" 01
<br />MARIA D—TTJ1 T,AR
<br />Clerk of the Counell
<br />SPL+ A1, ER/PEREORM CR
<br />Y.
<br />13y:
<br />DIZBAM SHAPLRS
<br />APPROVED A5 TO FORM:
<br />By; - p,
<br />70TI F2
<br />Assistant City Attorney
<br />
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