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Letter Agreement— Dream Shapers (SK and Cictovia 2016)
<br />Page 2
<br />12. Commercial General Liability Insurance. Speaker/Perfortner 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, but not be limited to protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence arising out of Speaker/Performer's
<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 51,000,000 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, ht accordance with the California Labor Code, Speaker/Performer, if
<br />Speaker/Perfortner has any emptoyees, 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 of
<br />Speaker/Performer's presentation to the City cormntmity or general public, through webcast or any other means.
<br />This license shall be non-exclusive and the copyright shall remain with the Speaker/Perfornner. Copies of
<br />Speaker/Perfonner's. presentation may be maintained by the City, and Speaker/Performer consents to use of such
<br />recordings.
<br />19. 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 conncetion
<br />with any activities 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 Speaker/Performer regarding
<br />the subject matter herein and supersedes any and all other agreements, oral or written, between the patxies. This
<br />Agreement may not be modified exceptby written instrument signed by the City and by an authorized representative
<br />of Speaker/Performer.
<br />Please execute this letter to reflect your agreemcut to the terms and conditions set forth herein.
<br />SANTA AN
<br />DAVI A OS
<br />City Manager
<br />ATTEST:
<br />MARIA D. HUIZAR
<br />Clerk of the Council
<br />RECOMMENDED FOR APPROVAL:
<br />SPEAKER/PERFORit3ER
<br />—Dal � X'
<br />By: v4u. - 6-A1
<br />DRE, SII S
<br />APPROVED AS TO FORM: /J
<br />b
<br />rM. FUNK
<br />ssistant City Attorney
<br />Gerardo Monet, Executive Director of Parks, Recreation, and Community Services Agency
<br />
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