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Letter Agreement — Best Bubble Parties <br />Page 2 <br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, <br />by, through or under each or them, under any present or future taws, 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. Commercial Gcnerat 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 51,000,000 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/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 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 />SpeakertPerformer's presentation may be maintained by the City, and Speaker/Performer consents to use of such <br />recordings: <br />15. 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 />16. This Agreement shalt in all respects shall be intet7treted, 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 he 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 SpeakerTerforner <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 terttts and conditions set forth herein. <br />CITY OF SAN ,A ANA <br />DAVID CAVAZOS <br />City Manager <br />ATTEST: <br />l._�ZAR�Jd il <br />NAR111, t' <br />Clerk of the Council <br />SPEAKER/PERFORINIER <br />C,0(Jk_ <br />LIRVANEETHZA COOK <br />APPROVED AS TO FORM: <br />By. fr <br />L-,,- L__,. <br />LISA S ORCK <br />Assistant City Attorney <br />RECONUMENDED <br />(/F{ RAPPR `I1 <br />Gerardo Mouet, Executive Director, Parks, Recreation, & Community Services Agency <br />