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Letter Agreement — Noteworthy Puppets, Inc. <br />Page 2 <br />nature against, and covenant not to sue, City, its elected officials, of <br />persons acting on behalf of, by, through or under each of them, <br />regulations for any claim or event relating to the condition of the Pro <br />1.2. Speaker/Performer shall maintain commercial general liability insu <br />agents, volunteers and representatives as additional insured(s) and <br />against claims arising from bodily and personal injury, including de <br />resulting from any act or occurrence arising out of Speaker/Perf <br />Agreement, including, without limitation, acts involving vehicles. ' <br />the following: single limit coverage applying to bodily and personal <br />property damage, in the total amount of $1,000,000 per oceurre <br />insurance shall: (1) name the City, its offices, employees, agent; <br />insureds; (2) be primary and not contributory with respect to insuran <br />City; and (3) contain standard separation of insured provisions. <br />13. Worker's Compensation Insurance. In accordance with the C <br />Speaker/Performer has any employees, is required to be insured a€ <br />undertake self-insurance. <br />employees, agents and volunteers, a <br />:r any present or future laws, statut, <br />or City -provided equipment. <br />nce naming the City, its officers, empl< <br />trall include, but not be limited to protr <br />i resulting therefrom and damage to pro <br />mer's operations in the performance o <br />e amounts of insurance shall be not le& <br />Jury, including death resulting therefrom <br />e, with $2,000,000 in the aggregate, <br />volunteers, and representatives as addi <br />or self-insurance programs maintained 1 <br />nia Labor Code, Speaker/Perform <br />liability for worker's compensation <br />14. The City shall have the right and royalty -free license to simulcast or [Produce and show a tape -delayed broade <br />Speaker/Performer's presentation to the City community or genera ;I public, through webcast or any other n <br />This license shall be non-exclusive and the copyright shall remain in with the Speaker/Perfarmer. Copi <br />Speaker/Performer's presentation may be maintained by the City, a' d Speaker/Perfornier consents to use of <br />recar mgs. , <br />15. Speaker/Performer shall not discriminate because of race, color r creed, religion, sex, marital status, s <br />orientation, age, national origin, ancestry, disability, or any other b sis protected by applicable law in vaunt <br />with any activities related to this Agreement. I <br />16. This Agreement shall in all respects shall be interpreted, enforced, an <br />the state of California. Both parties agree that Orange County, C <br />proceeding that may be brought or arise out of, in connection with or <br />17. This Agreement represents the complete and exclusive statement bet <br />the subject matter herein and supersedes any and all other agreeme <br />Agreement may not be modified except by written instrument signed <br />of Speaker/Performer. <br />CI OF S TA ANA SPE <br />C Tfl A KURT 'By: <br />Interim City Manager NM <br />ATTEST: AP <br />By: <br />MAR1A D, HUIZAR JOl <br />Clerk of the Council Acs <br />RECOMMENDED FOR APPROVAL: <br />overned exclusively by and under the la <br />"ornia, shall be the venue for any acti <br />reason of this Agreement. <br />.n the City and Speaker/Performer rega <br />, oral or written, between the parties. <br />the City and by an authorized represen <br />VORTHY PUPPETS, INC. <br />)VED AS TO FORM: <br />. FUN_ <br />it City Attorney <br />0 <br />