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Letter Agreement Shakespeare by the Sea
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<br />12. Commercial General Liability Insurance. Speakeraerrormer shall maintain commercial generat liability
<br />I
<br />nsurance naming the City, its officers, cmployecv, agents, %olcnteer•; and mprvsenl of+es as additional insured(s)
<br />and shnli include, but not be limited to prctect'ar agxinsr ;ta m, 4ri46,g €arm t-,at;l) Anti Pet-:ontl injury,
<br />including death mauitdng therefrom and damage 1" h.,,perto eoJtfng ftw, ink act or oc,qurren,c nrt,tiq out of
<br />Speakiu/Peri`otmet's operation, in the performance =,r thir Apr.entem, in<tud;n .. Without lnvitatton, arts
<br />hlvolving vehicles. The amnums r,f inwuran�e chat; fie rota lee: xlrao )fie fal!,.ri.ing sirig4e fimit .ncera�,e ap}dytng
<br />to buddy and personal injury, including death resulting therrfr,,nr, anal pri+pray ,t,rmage, in then tot.il amount of
<br />$1,000.000 per occurrence, with 52,o m,rm to the attgregar< Su,h o.wl-'cc 41n11 (11 name 111e City, its
<br />of icers, employees, agents, voinnteers, anti represenlai;vty as additional insureds, (2) he primary and not
<br />contributory will) respect to insurance or self-insurance pmgrams maintained by the City, and (t) contain standard
<br />separation of insured provisions.
<br />11 Worker's Compensation Insurance, In accordance wit], the California Labor Code, SpeakerlPurformer, if
<br />Spcakcr/Performor his any employees, is required to be insured against liability far worker's compensation or to
<br />undertake soli` -insurance.
<br />14, 'rite City shall have the right and royalty -free license to simulcast of produce and show a tape -delayed broadcast
<br />of Speaker/Perlbrntct's proscnuuima to the City conuuunity or general public. through wobcast or any other
<br />rnertns. This license slmil he non-exclusive and the copyright shall remain with the Spaakerfperrormor. Copies of
<br />Speaker/Performer's presentation may be maintained by the City, and Speaker/Perrormer consents to use of such
<br />recordings.
<br />15, Speaker(Performer is solely responsible for payment of royalty fees, performance fees, or similar fees that may be
<br />required by unions or shoilar 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 SpeakerlPerformer 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
<br />laws of the state of California. Both parties agree that. Orange County, California, shall be the venue for any
<br />action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
<br />is. This Agreement represents the complete and exclusive statement between the City and Speaker(per€ormer
<br />regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the
<br />parties. This Agreement may not b modified except by written instrument signed by the City and by an
<br />authorized representative of Spcakerrformec
<br />CIT I S TA ANA 5HA SREA1xE Y 'I SEA
<br />HIA K Z a
<br />Interim City M Hager Tit{e: p_x k. X6T� � ( �:� L,
<br />t
<br />ATTEST:
<br />MARIA D. HUIZAR
<br />Clerk of the Council
<br />RECOMMENDED FOR APPROVAL:
<br />APPROVED AS TO FORM:
<br />By:
<br />JOfr1iV,UNK
<br />Assistant City Attorney
<br />Gerardo Monet, Executive Director, PRCSA
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