|
Letter Agreement - Shakespeare by the Sea
<br />Page 2
<br />fees) arising from the negligence or willful misconduct of Speaker/Performer, his or her agents, or
<br />employees.
<br />It. Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection
<br />with the performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives
<br />and discharges forever any and all claims, demands, rights, and causes of action of any kind or nature
<br />against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers,
<br />and all persons acting on behalf of, by, through or under each of them, under any present or future laws,
<br />statutes, or regulations for any claim or event relating to the condition of the Property or City -provided
<br />equipment or Speaker/Performer's use thereof,
<br />12. Commercial General Liability Insurance, Speaker/Performer shall maintain commercial general liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Speaker/Performer's operations in the performance of this Agreement, including,
<br />without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate.
<br />Such insurance shall: (1) name the City, its officers, employees, agents, volunteers, and representatives as
<br />additional insureds; (2) be primary and not contributory with respect to insurance or self-insurance
<br />programs maintained by the City; and (3) contain standard 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
<br />compensation or to undertake self-insurance.
<br />14. 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
<br />or 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 />15. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that
<br />may be required by unions or similar organizations. Speaker/Performer shall indemnify the City against
<br />any liability or damages,, including attorney's fees, that may arise as a result of violation by
<br />Speaker/Performer 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
<br />connection 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
<br />the laws of the state of California. Both parties agree that Orange County, California, shall be the venue
<br />for 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
<br />
|