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Letter Agreemealt - Jose Manuel Garcia <br />Page 2 <br />by, 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. Cotmnercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability <br />insurance with limits of not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with <br />$2,000,000 in the aggregate. The insurance obligation under this section may be satisfied through special event <br />coverage obtained by the City wherein Speaker/Performer is named as an additional insured. <br />13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Perfort er, 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 <br />of Speaker/Performer's presentation to the City community or general public, through webcast 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 SpeakenTerformer 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 />16. 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 comiection <br />with any activities related to this Agreement. <br />17. Trus 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 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 <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 terns and conditions set forth herein. <br />CITY OF -TNA <br />C t <br />DAVID CAV S <br />City Manager <br />ATTEST: <br />�Y AyA J <br />MARIA D. HUIZAR <br />Clerk of the Council <br />RECOMMENDED FOR APPROVAL: <br />Gerardo Monet <br />Executive Director <br />Parks, Recreation and Community Services Agency <br />SPEAKERIPERFORbIER <br />JO MANUEL GARCIA <br />APPROVED AS TO FORM: <br />Ry: <br />JO M. FUNK <br />Assistant City Attorney <br />