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Letter Agreement — Alvin W, Tsang <br />Page 2 <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 />Speaker/Performer's operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles, The amounts of insurance shall be not less than the following: single limit coverage applying <br />to bodily and personal injury, including death resulting thercftow, and property damage, in the total amount of <br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its <br />officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not <br />contributory with respect to insurance or self-insurance programs 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/Perforract, 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 webQast or any other <br />mems, This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of <br />Speaker/Perfbnner's presentation may he maintained by the City, and Speaker/Performer consents to use of such <br />recordings, <br />15. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be <br />required by unions or similar organizations. Speaker/Performer shall indeminify the City against any liability or <br />damages, including attorney's fees, that may arise as a result of violation by S peaker/Peifortner of copyright laws. <br />16. 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 />17. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the <br />laws of the state of Califorr&. 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 />18. This Agreement represents the complete and exclusive statement between the City and Speaker/Performor <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 />CITY OF SANTA <br />GERARDO MOUET <br />Acting City Manager <br />ATTFST. <br />MARLk D, WIZZAR <br />Clerk -of the Comcil <br />SPEAKER/PERFORTNIRR <br />Name: Alvin Tsang <br />Title: Filmmaker <br />APPROVED AS TO FORM, <br />By. $V, <br />lot M. FUVK� <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAI <br />J�,=n�icJur��do, Ac�LhI8 Executive Dire�ctor,P"RCSA <br />