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Letter Agrecniciii l,7uo DJ Serviced <br />Pagc 2 <br />12, Commercial General Liability Insurance, Spsaiker''Pcrioriner 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 clain7s arising from bodily and personal injury <br />including death resulting dierefrona and (kiniage to property, resulting from any net or occurrence arising out of <br />Speakeril'crforiner's operations in the performance of this Agreement, including, without limitation acts <br />involving vehicles. 'I he amounts of insunmcc %hall be not less than the followings: single limit coverage applying <br />to bodily and personal injury, including death resulting therefrom and property damage, in the total amount of <br />SL000,t300 per occurrence, with S240),000 in the aggregate. Such insurance shall: (1) Warne tftc City, its <br />aSiGcers, employees, agents, volunteers, and representatives as additional insureds, (2) be primary and not <br />contributory with respect to insurance rn'self•irtsurarn,e programa maintained by the City: and (3) contain standard <br />separation of insured provisions. <br />13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker,'Pcrfonaier, 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 shalt have the right and royalty -free license to sinrutewa or produce and show a tape: -delayed broadcast <br />of Sprtker;rf'ertirrmet"s presentation to the City conununity or general public, through cvcbcast or any other <br />means. This license shall Ile non-exclusive and the copyright shall remain with the Spcakerll'erforrncr. Copies of <br />SpeakerTerformcr's presentauion may be maintained by the City, and Speakeril'erlbrnter consents to use of such <br />recordings. <br />15. SpeakerTerforincr is solely responsible for payment of royalty feet, performance fees, or similar foes that may be <br />required by unions or similar organizations. Speakcrd'crfomtor shall indeninify the City against any liability or <br />damages, including attomey's ices, that may arise as a result of violation by SpeakeriPerforuer of copyright lams. <br />16. Spcakcr'f'crfornicr shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, age, national origin, ancestry, disability, or any other Iasis protcctcd by applicable knv in connection <br />with any activities related to this Agreement. <br />17, This Agtrccnicnt shall in all respects shall be interpreted. enfonuttii, and governed exclusively by and under the <br />latus of the state of California. Both parties agree that Orange County, California, shall be the ventre for any <br />action or proceeding that may he brought or arise out of; in connection with or by reason of this Agrceinent. <br />18. This Agreement represents the complete and exclusive statement between the City and Speaker.1'erfornrer <br />regarding the subject rnatter herein and supersedes any and all other agreements, oral or written, between the <br />parties. 'Phis Agreement may not be modificd except by uriuen instrument signed by the City and by an <br />authorized rcprescttative of Speakcr/Performer. <br />CI SA�iTA AZq� ' <br />d?AVIf3tMA ZOS <br />City Manager <br />�GG{- >'IT <br />y< <br />A MAIUA 1). IRAZAR <br />Clerk of the C'ovrwil <br />RE?COMMUNDED I -OR APPROVAL: <br />SP��EI2S�t <br />RIMER <br />]'Jame: <br />[ ule: <br />APPROVED ASTO FORM: <br />By <br />LISA S" t 61<. <br />Assistant City Attorney <br />Gerardo Monet, Executive Director, PRCSA <br />