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Letter Agreement — Shakespeare by the Sea
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<br />through or under each of them, under any present or future laws, statutes, or regulations for any claim or event
<br />relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof.
<br />12. Commercial General Liability Insurance (CGL). Speaker/Performer shall maintain commercial general liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s)
<br />and shall include, not be limited to protection against claim arising from bodily and personal injury including death
<br />resulting 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: Insurance Services Office Form CG 00 01 covering CGL
<br />on an "occurrence" basis, including property damage, bodily injury and personal and advertising injury with limits
<br />no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
<br />apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the
<br />require occurrence limit.
<br />13. Automobile Liability. If Speaker/Performer's auto is used in the performance of work, Speaker/Performer shall
<br />carry the following: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if
<br />Speaker/Performer has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per
<br />accident for bodily injury and property damage.
<br />14. Workers' Compensation. If Speaker/Performer has employees, workers' compensation insurance is required by the
<br />State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000
<br />per accident for bodily injury or disease.
<br />15. Certificates of Insurance. Speaker/Performer shall furnish the City with original Certificates of Insurance including
<br />all required amendatory endorsements (or copies of the applicable policy language effecting coverage required) and
<br />a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before
<br />work begins. The City reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements affecting the coverage required by these specifications, at any time.
<br />16. Primary Coverage. For any claims related to this contract, the Speaker/Performer's coverage shall be primary
<br />insurance coverage at least as broad as ISO CG 20 0104 13 as respects to the City, its officers, officials, employees,
<br />agents and volunteers.
<br />17. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City, its
<br />elected or appoints officers, officials, agents, and employees for losses paid under the terms of any policy which
<br />arise from work performed by the Speaker/Performer for the City. This provision also applies to the
<br />Speaker/Performer's Workers' Compensation policy.
<br />18. Cancelation of Insurance Policy. Each insurance policy required shall not be canceled, except with thirty (30) days
<br />written notice to the City.
<br />19. 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 />20. 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 />2L Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
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