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Letter Agreement — JC Culture Foundation
<br />Page 2
<br />12. Commercial General Liability Insurance. Speaker/Performer shall maintain commercial general liability insurance
<br />naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall
<br />include, but not be limited to protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting fi•om 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 personal
<br />injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence,
<br />with $2,000,000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents,
<br />volunteers, and representatives as additional insureds; (2) be primary and not contributory with respect to insurance
<br />or self-insurance 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 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 of
<br />Speaker/Performer's presentation to the City community or general public, through webeast or any other means.
<br />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 />is. 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 />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 laws
<br />of the state of California. Both parties agree that Orange County, California, shall be the venue for any action or
<br />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/Performer regarding
<br />the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This
<br />Agreement may not be modified except by written instrument signed by the City and by an authorized representative
<br />of Speaker/Performer.
<br />CITY OF SANTA ANA
<br />K ISTINE RIDG
<br />City Manager
<br />SPE KER/PERFORMER
<br />7�t,�
<br />Charles Lee
<br />Executive Director
<br />"1— APP A TO FORM:
<br />SIGNED IN COUNTERPART y
<br />By: l� "
<br />�.� . �� • �� Ryan O. o ge
<br />Clerk of the Council Assistant ty At rney
<br />RECOMMENDED FOR APPROVAL: d�—
<br />Steven Mendoza, Executive Director, CDA
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