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<br />covenant not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting
<br />on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any
<br />claim or event relating to the condition of the Property or City -provided equipment or Provider or Performer's use
<br />thereof.
<br />12. Commercial General Liability Insurance. Provider and Performer 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 claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of
<br />their 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 $1,000,000 per
<br />occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees,
<br />agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to
<br />insurance or self-insurance programs maintained by the City; and (3) contain standard separation of insured
<br />provisions.
<br />I3. Worker's Compensation Insurance. In accordance with the California Labor Code; Provider and Performer, if
<br />they have any employees, are required to be insured against liability for worker's compensation or to undertake
<br />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 the performance to the City community or general public, through webcast or any other means. This license
<br />shall be non-exclusive and the copyright shall remain with the Performer. Copies of the performance may be
<br />maintained by the City, and Performer consents to use of such recordings.
<br />15. Performer shall not discriminate because of race, color, creed, religion; sex, marital status, sexual orientation, age,
<br />national origin, ancestry, disability, or any other basis protected by applicable law in connection with any
<br />activities related to this Agreement.
<br />16. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the
<br />Iaws of the state of California. Both parties agree that Orange County, California, shall be the venue for any
<br />action or 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 Provider (representing
<br />Performer) regarding the subject matter herein and supersedes any and all other agreements, oral or written,
<br />between the parties. This Agreement may not be modified except by written instrument signed bythe City and by
<br />an authorized representative of Provider or Performer.
<br />Please execute this letter to reflect your agreement to the terms and conditions set forth herein.
<br />CITY OF SANTA ANA
<br />DAVID CAVAZOS
<br />City Manager
<br />ATTE
<br />/ MARIA DD,. F11J1LAR
<br />Clerk of the (:ounciT
<br />00,71DER
<br />.�_.r.
<br />r�
<br />APPROVED AS TO FORM:
<br />By:.___ /ate
<br />Assistant City Attorney
<br />(Signatures continue on next page]
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