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City: City of Santa Ana
<br />Clerk of the Council (M-30)
<br />20 Civic Center Plaza
<br />P.O. Box 1988
<br />Santa Ana, CA 92702
<br />FAX (714) 647-6956
<br />7.7. This Agreement is subject to all applicable local, State and Federal laws. This
<br />Agreement has been executed and delivered in the State of California and the validity,
<br />interpretation, performance, and enforcement of any of the clauses of this Agreement
<br />shall be determined and governed by the laws of the State of California. Both parties
<br />further agree that Orange County, California, shall be the venue for any action or
<br />proceeding that may be brought or arise out of, in connection with or by reason of this
<br />Agreement.
<br />7.8. Artist agrees to comply with all applicable equal opportunity and affirmative action
<br />laws as appropriate, Artist shall not discriminate because of race, color, creed, religion,
<br />sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as
<br />defined and prohibited by applicable law, in the recruitment, selection, training, utilization,
<br />promotion, termination or other employment related activities. Artist affirms that it is an
<br />equal opportunity employer (if applicable) and shall comply with all applicable federal,
<br />state and local laws and regulations.
<br />7.9. Any funds provided under this Agreement that are not expended, obligated or
<br />otherwise committed by the termination or expiration of this Agreement shall be
<br />immediately returned to City.
<br />7.10. Artist grants to City a non-exclusive, irrevocable, transferable, royalty free,
<br />worldwide license to use, reproduce, display, distribute, and prepare derivative works, in
<br />any form or media at the discretion of the City for the Artwork conceived, performed or
<br />created as a result of this Agreement.
<br />7.11. Artist and any of the Artist's agents, employees or representatives are, for all
<br />purposes under this Agreement, an independent contractor and shall not be deemed to
<br />be an employee of the City, and none of them shall be entitled to any benefits to which
<br />City employees are entitled including but not limited to, overtime, retirement benefits,
<br />work's compensation benefits, injury leave or other leave benefits.
<br />7.12. Neither Party shall assign any rights or obligations under this Agreement.
<br />7.13. Each Party covenants that it presently has no interests and shall not have interests,
<br />direct or indirect, which would conflict in any manner with performance of services
<br />specified under this Agreement.
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