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Letter Agreement m- R.T. Clown, Inc.
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<br />12. Commercial General Liability lnsuranoe. nSpeahet/Peliorrner shall maintain commercial general liability htsurance
<br />running the City, its otilecrs, employees, agents, volunteers and representatives as additional insureds) and shall
<br />inolude, but not be limited to protection against clabus ariai ng from, bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting hoar any act or occurrence arising out of SpeakerlPcrfurnier's
<br />operations in the performance of this Agrccautat, including, without limitation, sets involving vehicles. The
<br />amounts of insurance shall be not less than the fallowing: single limit coverage applying to bodily and personal
<br />injury tend property damage, in the total amount of S1,000,000 per occurrence, with S,1,000,000 in the aggregate,
<br />including coverage of sexual misconduct. Such insurarxce shall; (1) name the City, its officers, employees, agents,
<br />volunteers, aril representatives as additional insurods; (2) be primary and not contributory with respect to insumum
<br />or self-insurance proggtatns maintained by dre City, and (3) contain standard separation of insured provisions.
<br />13. Ifflorker"'s Cornpensaation insurance. In accordance with the California Labor Code, Speaker/Performar, if
<br />Speaker/Perforiner 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 of
<br />SpeaicerMerfora ter's presentation to the City community or general public, through wobaast or any other tueans.
<br />This Hoenac shall be nose -exclusive and the eopyrigbat shall remain with the Speaker/Perfornacr. Copies of
<br />Speakor/Performer's. presentation pray be maintained by the City, and Speaker/Perfoxmer emisetnts to rise of such
<br />recordings,
<br />15. SpeakeriPcrfomner represents and warrants that it hes engaged an independent entity to conduct a background check
<br />of all employees, indetscndent contractotns, or other individuals who are performing services fbr Speakerrperformor
<br />in connection with this Agremment. The laackground check shall include at a ralulmurn a state mond county crirniml
<br />history investigation where such individual resides and a search of the national and California sox offender
<br />registries. Proof oCthc background ehcok nuquired under this section shall be provided to City upon mItiest.
<br />16. Speaker/Performer shall not discriminate because of race, color, creed, religion, ecu, anarkael stratus, sexual
<br />orientation, age, ai tion l origin, ancestry, disability, or any other basis protcete d by applicable law in connection
<br />with any activities related to this Agreement.
<br />IT 'l lus Agreement shall in All respects shall be inle tlra-chart, enforced, and govormcd exclusively by and undor the laths
<br />of the state of California. Both parties agree that Orange County, California, shall be the Yonne for .any action or
<br />pinceedLag•that may be brought or arise out of, in connection with or by reason of this Agreetuout,
<br />18. 'flus. Agreement represents the complete and exclusive statementbctw=ithe City and Spcakcrs.Pas•iicrmcrregarding
<br />the subject matter herein and supersedes any anti all other agreements, oral or written, between the parties, 'Chis
<br />Agreement maynot be modified oxoap.t by written instrument signed by the City and by an authorizml rpprescniative
<br />of Speaker/Performer.
<br />Please cxectate this letter to rcf0ect your agmument to the terns and conditions set. forth herein.
<br />CITY OF SANTA ANA SPF. R/PlU +K3lallIER
<br />r�jcc 1.
<br />bAliri) VAvXzoNf
<br />City Manager
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