|
Letter Agreement — future in Humanity
<br />Page 2
<br />13
<br />14
<br />15,
<br />10.
<br />17.
<br />18
<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 therefrom, 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 />Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, 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 />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 webeast or any other
<br />means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of
<br />Speaker/.Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such
<br />recordings.
<br />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 indemnify the City against any liability or
<br />damages, including attorney's fees that may arise as a result of violation by Speaker/Performer of copyright laws.
<br />Speaker/Performer shall not discriminate because of race, calor, 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 />This . gr"ment shall in all respects shall be interpreted, enforced, and governed exclusively by and under the
<br />laws of the state of California.. Bath 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 />This �greetnent represents the complete and exclusive statement between the City and. Speaker/Performer
<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 sighed by the City and by an
<br />authorized representative of Speakcr/Performer,
<br />CITY OF SANS A AN SFRAl�E ��MEi�
<br />GERARD M.Ca�. � am Ariel Ya � h
<br />Actin City Manager Title ir�cW f Development,
<br />Future in Humanity
<br />ATTEST: APPROVED AS TO FORM:
<br />•� :
<br />MARIA D. HI.IIZAR d Joyy. FIUJJ_NK
<br />Clerk 'of the Council Assistant City Attorney
<br />RECOMMENDED FOR APPROVAL f_ �-�.—P-�
<br />Jeannie Jurado Acting Executive Director, PRCSA
<br />
|