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Letter Agreement — The Joyful Child Foundation —
<br />In Memory of Samantha Runnion
<br />Page 2
<br />10. Indemnification: Speaker, its agents, or its employees (if applicable) agrees to and shall indemnify, defend,
<br />and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives
<br />from and against all loss, expenses, or liability (including costs and attorney's fees) arising from the
<br />negligence or willful misconduct of Speaker, its agents, or its employees.
<br />11. Release: Speaker, its agents, and employees accept the Property and any City -provided equipment used in
<br />connection with the performance in "as -is" condition, with all faults. Speaker, its agents, and employees,
<br />fully release, waive and discharge forever any and all claims, demands, rights, and causes of action of any
<br />kind or nature against, and covenant not to sue, City, its elected officials, officers, employees, agents and
<br />volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future
<br />laws, statutes, or regulations for any claim or event relating to the condition of the Property or City -provided
<br />equipment.
<br />12. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed
<br />broadcast of Speaker's presentation to the City community or general public, through webcast or any other
<br />means. This license shall be non-exclusive and the copyright shall remain with the Speaker. Copies of
<br />Speaker's presentation may be maintained by the City, and Speaker consents to use of such recordings.
<br />13. Speaker shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
<br />gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran
<br />status, age, national origin, ancestry, or disability or any other basis protected by applicable law in connection
<br />with any activities related to this Agreement.
<br />14. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under
<br />the laws of the state of California. Both parties agree that Orange County, California, shall be the venue for
<br />any action or proceeding that may be brought or arise out of, in connection with or by reason of this
<br />Agreement.
<br />15. This Agreement represents the complete and exclusive statement between the City and Speaker regarding the
<br />subject matter herein and supersedes any and all other agreements, oral or written, between the Speaker and
<br />City regarding the subject matter herein.
<br />CITY OF SANTA ANA SPEAKER
<br />KR STINE RIDGE By: Erin D. Runnion
<br />City Manager Founding Director (Title)
<br />The Joyful Child Foundation -hi
<br />Memory of Samantha Runnion
<br />[Signatures continue on the next page]
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