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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 geners.l 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 againstclaims 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 pdrformanQe 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 />irijury, including death resulting therefrom; and property damage, in the :total amomit. 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 />13. Worker's Compensation Insurance, In accordance with the Californian Labor Coale; 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 perfomance to the City community car general public; through webeast.or any other means. This license
<br />shall be non-oxclusive and the copyright shall remain with the Performer. Copies of the performance may be
<br />maintained by the City, and Performer oonsents to use of such recordings.
<br />15.. Performer shall not diser irninate because; of race, color, creed, religion; sex, marital status, sexual orientation, age;
<br />:national origin, ancestry, disability; or any other basis protected by applicable lair 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 />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 be brought or arise out of, it. connection with or by reason of this .Agreerinent,.
<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 by, the 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 hereip.
<br />C t)F SAN A AN
<br />DAV'.1i3 CAVA.ZQ$
<br />City Manager
<br />ATTEST;
<br />4MAR�i .6, 17 . tM
<br />Cleric of the Council
<br />P V,IDER
<br />"PROVED AS TO FORM:
<br />Assxstaz2t City Attorney
<br />[Signatures continue on next page]
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