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06/27/2017 15:56 FAX
<br />U 002
<br />Letter Agre6munl — Sturm, Gay
<br />Page 2
<br />12. Commercial Ocneral Liability Insurance. Speaker/Ferfomtor shall maintain commureial gonelal liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s)
<br />and shall include, but not be limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of
<br />Speaker/Performer's operations in the performance of this Agreement, including, without limitation, acts
<br />involving vehicles. The amounts orinsurance shall be not less than the following: single limit coverage applying
<br />to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of
<br />$1,000,000 per occurrence, with S2,000,000 in the aggregate. Such insurance shalt: (1) name the City, its
<br />officers, employees, agents, volunteers, and representatives as additional insureds; (2) be primary and not
<br />contributory with respect to insurance or self-insurance programs maintained by the City; and (3) contain standard
<br />separation of insured provisions,
<br />13, Worker's Compensation Insurance. in 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 royally -free license to simulcast or produce and show a tape -delayed broadcast
<br />of SpeakerlPerformer's presentation to the City community or general public, through weltcast or any other
<br />means. 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 />15. 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 />16. 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 tills Agreement.
<br />17. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer
<br />regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the
<br />parties. This Agreement may not be modified except by written instrument signed by the City and by an
<br />authorized representative of Speaker/Performer.
<br />Please execute this letter to reflect your agreement to the terms and conditions set
<br />CITY OF SANTA
<br />CYNTHiA
<br />Interim City Manager
<br />A I'EST:
<br />MARIA D. HU17AR
<br />Clerk of the Council
<br />RECOMMENDED FOR APPROVAL
<br />GAY STORM
<br />APPROVED AS TO FORM:
<br />By:-Qd —
<br />JOT M, FUNK
<br />Assistant City Attorney
<br />OERARDO MOUET, Exgcutive Director, Parks, Recreation, and Community Services Agency
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