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Letter Agreement – Professional Entertainment Consultants
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<br />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 Provider or Performer's use thereof.
<br />12. Commercial General Liability Insurance. Provider and Performer shall maintain commercial general liability
<br />insurance naming the City, its officers, 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 inj ury, including
<br />death resulting therefrom and damage to property, resulting from any act or occurrence arising out of their
<br />operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than 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. In accordance with the California Labor Code, Provider and Performer, if they
<br />have any employees, are required to be insured against liability for worker's compensation or to undertake self-
<br />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 />the performance to the City community or general public, through webcast or any other means. This license shall
<br />be non-exclusive and the copyright shall remain with the Performer. Copies of the performance may be maintained
<br />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 "elusive statement between the City and Provider (representing
<br />Performer) regarding the subj ect matter herein and supersedes any and all other agreements, oral or written, between
<br />the patties. This Agreement may not be modified except by written instrument signed by the City and by an
<br />authorized representative of Provider or 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 CAVAZOS
<br />City Manager
<br />ATTE
<br />MARIA D. HUIZAR
<br />Clerk of the Council.
<br />RECOMMENDED FOR APPROVAL:
<br />PROVIDER
<br />Title:
<br />APPROVED
<br />\ `
<br />APPROVED AS TO FORM:
<br />By:W— Ip. I.r�v✓
<br />JO M. FUNK
<br />p n Assistant City Attorney
<br />Gerardo Monet, Executive Director, PRCSA
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