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Letter Agreement — Rebeca King
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<br />forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not
<br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by,
<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 />15. Broader Coverage. If Speaker/Performer maintains broader coverage and/or higher limits that the minimums shown
<br />above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the
<br />Speaker/Performer. Any available insurance proceeds in excess of the specified minimum limits of insurance and
<br />coverage shall be available to the City.
<br />16. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may
<br />require the Speaker/Performer to purchase coverage with a lower retention or provide proof of ability to pay losses
<br />and related investigations, claim administration, and defense expenses within the retention. The policy language
<br />shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured
<br />or City.
<br />17. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional
<br />insured on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of
<br />the Speaker/Performer including materials, parts, or equipment furnished in connection with such work or
<br />operations. General liability coverage can be provided in the form of an endorsement to the Speaker/Performer's
<br />insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10,
<br />CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
<br />18. 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 />19. Cancelation of Insurance Policy. Each insurance policy required shall not be canceled, except with thirty (30) days
<br />written notice to the City.
<br />20. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a
<br />current AM Best's rating of no less than A:VII, unless otherwise acceptable to the City.
<br />21. Verification of Coverage. 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 />22. 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
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