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Letter Agreement — Mariacl'ii Malibu <br />Page 2 <br />12. Commercial General Liability hisurance. Speaker/Perfor-IDU 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, bat not be limited to protection against claims arising from bodily and personal injury, including death <br />resulting thcrefrom and damage to property, resulting from any act or occurrence arising out of Speakerfl"erformer's <br />operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The <br />announts of insurance shall be not 'less titan the following: single limit coverage applying to bodily and personal <br />injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, <br />with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, <br />volunteers, and representatives as additional insureds; (2) be primary and not contributory with resPect to insurance <br />or self-insurance programs maintained by the City; and (3) contain standard separation of insured provisions. <br />13. Worker's Compensation Insurance. fn accordance with the California Lnbor Code, Speaker/Perfortnner, if <br />Speaker/Perfumer has any employees, is required to be insured against liability for worker's compensation or to <br />undertake self-insurance. <br />14. Speakar/Perfonnor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national engin, ancestry, disability, or any other basis protected by applicable law in eornnceiion <br />with any activities related to this Agreement. <br />15. This Agreement shall in all respects shall be inteipreted, enforced, and governed exclusively by and under the laws <br />of the stake of California. Both parties agree that Orange County, California, shall be die 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 />16. This Agreement represents the complete and exclusive slatemeit between the City and Speaker/Performe regarding <br />the subject matter hercin and supersedes any and all other agreements, oral or written, between the parties. This <br />Agreement may not betuodified except by written instrument signed by the City and by an authorised representative <br />of SpeakerlPeribrmen <br />Please execute this leper to reflect your agreement to the terms and conditions sat forth herein <br />ANA <br />City Manager <br />ATTEST: <br />MA 2�*I�Ar AIZ <br />Clerk of dic Council <br />SPEAICL'R/PLRPQ'RIVI'ER <br />ClaryValentine <br />Party 1' urie Entcrtainment <br />APPROVED AS TO FORM: <br />By:_ r n `r?A <br />dOIIN'K1hiINIG <br />Assistant City Attorney <br />