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Letter Agreement — Union Anny of the West
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<br />officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each
<br />of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of
<br />the Property or City -provided equipment or Performer's use thereof.
<br />12. Commercial General Liability Insurance. Performer shall maintain commercial general liability insurance narning
<br />the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include,
<br />but not be limited to protection against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of Performer's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
<br />shalt be not less than the following: single limit coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives
<br />as additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance programs
<br />maintained by the City; and (3) contain standard separation of insured provisions.
<br />13. Worker's Compensation Insurance. In accordance with the California Labor Code, Performer, if Performer has any
<br />employees, is required to be insured against liability for worker's compensation or to 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 of
<br />Performer's presentation to the City conununity or general public, through webeast or any other means. This license
<br />shall be non-exclusive and the copyright shall remain with the Performer. Copies of Performer's presentation may
<br />be maintained by the City, and Performer consents to use of such recordings.
<br />15. Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age,
<br />national origin, ancestry,, disability, or any other basis protected by applicable law in connection with any activities
<br />related to this Agreement.
<br />16, This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws
<br />of the state of California. Both parties agree that Orange County, California, shall be the 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 />17. This Agreement represents the complete and exclusive statement between the City and Performer regarding the
<br />subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This
<br />Agreement may not be modified except by written instrument signed by the City and by an authorized representative
<br />of Performer.
<br />Please execute this letter to reflect your agreement to the terms and conditions set forth herein.
<br />CITY IOF SANTA AN.
<br />_ 1
<br />DAVID CAVAZOS
<br />City Manager
<br />ATTEST:
<br />f9v' r
<br />ARIA D, HUI'LAR
<br />Clerk of the Council
<br />PERFORMER
<br />By: �),4vt? Qletkfr�,A,
<br />Title: cAP"VA rr
<br />APPROVED AS TO FORM(:
<br />By:ilk
<br />JOWM. FUNK
<br />Assistant City Attorney
<br />R�MMMFNDEp FOA,,y3PTROVAL
<br />GERARDO MOUET, Executive Director, Parks, Recreation, and Community Services Agency
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