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Letter Agreement _, Everlasting Events
<br />Page 2
<br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability insurance
<br />nanving the City, its officers, employees, agents, volunteers and representatives as additional insured(s) arid shall
<br />include, but not be limited to protection againstclaims 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/Pet former's
<br />operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amount's of insrtrance 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, Speaker/Performer, 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 tight and royalty -tree license to simulcast or produce and show a tape -delayed broadcast of
<br />Spea ker/Perforimer's presentation to the City community or general public, through wobcast or any other means.
<br />This license shall be non-exclusive mid the copyright shall remain with Ute Speaker/Performer, Copies of
<br />Speakor/Perforiner's presentation may be maintained by the City, and Sp'eaker/Performer consent's 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 bySpeaker/Performer of copyright taws.
<br />IG. 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 connection
<br />with any activities related to this Agreement.
<br />17. This Agreement shall in all respects shall be interpreted, enforced, and govoracd exclusively by and under the laws
<br />of Che state of California. Both parties agree that Orange County, California, shall be the venue f'or any action or
<br />proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
<br />1$. This Agreement represents the complete and exclusive statement between'the'City and Speaker/Performer regrinding
<br />the subject matter herein and supersedes any and all ether agreements, dr<il 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 Speaker/Performer.
<br />CITY Of SANTA A A
<br />DAVID CAVA7(r<ry
<br />City Manager
<br />ATTEST:
<br />24AID. i.0
<br />Clerk of the Council
<br />RECOMMENDED FOR APPROVAL:
<br />*Nam
<br />E FORAYER
<br />v`{ Y
<br />Title: elf V Y t, )�,/ fveof;S
<br />APPROVED AS TO FORINT:
<br />By::—
<br />J0 -
<br />y:iOIJ M, FUNIC
<br />Ass , ant City Attorney
<br />Gerardo Mouet, Executive Director, PRCSA
<br />
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