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through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided equipment or Speaker/Performer's use thereof. 12. Worker's Compensation Insurance. ht accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 13, The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of Speaker/Performer's presentation to the City cormutu ity or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Perfortner's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 14. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 15. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of the state of California. Both parties agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the patties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Speaker/Performer. Please execute this letter to reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA ANA I I RATM GODINEZ I City Manager ATTEST: MARIA D. IIUIZAR P g' Clerk of the Council RECOMMEN ED FOR APPROVAL STEVEN MENDOZA Executive Director, Community Development Agency N-2018-086 SPEAKER/PERFORMER J4%*r,4� T OMAS BE RY TO FORM;