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letter Agrecnhent Slaphak (.Icrrol(i!Innis)
<br />Page 2
<br />12. Commercial Gencnhl I,iahility Insamocc. Speaker/Performer shall maintain commercial general liability insurance
<br />naming the Pity, its nfliecrs, employees, agents, volunteers and representatives as additional insured(i) and shall
<br />include, but not he limited to pwlectiun against claims arising from bodily and personal injury, including death
<br />result ing Ierefrom and dtunngc It, prnperty, resu It i n g from any actor occurrence arising out of Speaker'Performer's
<br />oper:uions in the performance Of this Agreement, including, without limitation, acts involving %ehicles. The
<br />anhaunts of insurance shall be not less than the following: single limit coverage applying to bodily and personal
<br />igjun, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence.
<br />„ith $2,000.000 in the aggregate. Such insurance shall: (1) name the City, its officers, employees, agents-
<br />, Olunteers, 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. hi 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 webcast 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 />1 �. 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 />dama,es, 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 />KR STINE RIDGE
<br />City Manager
<br />SIGNED IN COUNTERPART
<br />DAISY GOMEZ
<br />Clerk of the Council
<br />RECOMMENDED FOR APPROVAL:
<br />SPE PERFO
<br />Tide: UAXOl of SL4;01?Ak
<br />APP S TO FORM:
<br />By:
<br />Ryan O. dge
<br />Assistant ity Aromey
<br />Steven Mendoza,
<br />Executive Director, Community Development Agency
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