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Letter Agreement — Franklin Haynes Marionettes
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<br />11. Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment
<br />used in connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents,
<br />and employees, fully release, waive and discharge forever any and all claims, demands, rights, and causes
<br />of action of any kind or nature against, and covenant not to sue, City, its elected officials, officers, employees,
<br />agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any
<br />present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property
<br />or City -provided equipment.
<br />12. Speaker/Performer shall maintain commercial general liability insurance naming the City, its officers,
<br />employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be
<br />limited to protection against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of Speaker/Performer's
<br />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
<br />personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000
<br />per occurrence, with $2,000,000 in the aggregate, Such insurance shall: (1) name the City, its officers,
<br />employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not contributory
<br />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/Performer, if
<br />Speaker/Performer has any employees, is required to be insured against liability for worker's compensation
<br />or to undertake self-insurance.
<br />14. Fingerprints and Background Check. Provider, and any employees, subcontractors or substitutes, shall
<br />arrange for and submit their fingerprints for a criminal background check through the Department of Justice
<br />through the City's Human Resources Department process. Consultant shall be responsible for all charges
<br />associated with fingerprinting. Consultant, its employees and subcontractors, shall not perform stay
<br />services pursuant to this Agreement until clearance is received and Consultant is notified by the City's
<br />Parks, Recreation and Community Services Department,
<br />15. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed
<br />broadcast of Speaker/Performer's presentation to the City community or general public, through webcast or
<br />any other means. This license shall be non-exclusive and the copyright shall remain with the
<br />Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City, and
<br />Speaker/Performer consents to use of such recordings.
<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
<br />connection with any activities related to this Agreement.
<br />IT This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under
<br />the laws of the state of California. Both parties agree that Orange County, California, shall be the venue for
<br />any action or proceeding that may be brought or arise out of, in connection with or by reason of this
<br />Agreement.
<br />18. This Agreement 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
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