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Letter Agreement — JessicaSalgado N-2021-073
<br />Page 2
<br />10. Indemnification: Speaker/Performer, its agents, or its employees (if applicable) agrees to and shall
<br />indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel,
<br />and representatives from and against all loss, expenses, or liability (including costs and attorney's fees)
<br />arising from the negligence or willful misconduct of Speaker/Performer, its agents, or its employees.
<br />11. Release: Speaker/Performer, its agents, and employees accept the Property and any City -provided equipment
<br />used in connection with the performance in "as -is" condition, with all faults. Speaker/Performer, its agents,
<br />and employees, fully release, waive and discharge forever any and all claims, demands, rights, and causes
<br />of action of any kind or nature against, and covenant not to sue, City, its elected officials, officers, employees,
<br />agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any
<br />present or future laws, statutes, or regulations for any claim or event relating to the condition of the Property
<br />or City -provided 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/Performer's presentation to the City community or general public, through webcast or
<br />any other means. This license shall be non-exclusive and the copyright shall remain with the
<br />Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City, and
<br />Speaker/Performer consents to use of such recordings.
<br />13. 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
<br />connection with any activities related to this Agreement.
<br />14. This Agreement shall in all respects be interpreted, enforced, and governed exclusively by and under the laws
<br />of the state of California. Both parties agree that Orange County, California, shall be the venue for any action
<br />or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
<br />15. 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 />Speaker/Performer and City.
<br />CITY OF SANTA ANA
<br />kRISTINE RIDGE
<br />City Manager
<br />ILI a
<br />Clerk of the Council
<br />n&ner PROVAL:
<br />RIAN STERNBERV/
<br />Library Executive 1.
<br />SPEAKWORMER
<br />By:
<br />Jessica Salgado
<br />APP D S TO FORM:
<br />By:
<br />RYAN H GE
<br />Assistan City Attorney
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