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N-2023-220 <br />Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection %pith the <br />performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, wanes and discharges <br />forever any' and all claims, demands, rights, and causes of action of any kind or nature against, and co%Cnants not <br />to sue, City. its elected officials, officers, entplovecs, agents and volunteers. and all persons acting on behalf of, h <br />through or wider each of them. under any present or future laws, statutes, or regulations for in% clann or cveni <br />relating to the condition of the Properly or City -provided equipment or Spcakcr/Performer's use thercol <br />The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of <br />Speaker/Perfomner s presentation to the City conununiq or general public, through wcbcast or any other mean; <br />This license shall be nonexclusive and the copyright shall remain with the Spcakcr/Performer r opics Ill <br />Speaker/Performers presentation may be maintained by the Citv, and Speaker/Performer consents to use of .nch <br />recordings. <br />Speaker/Performer is solely responsible for payment of royalty fees. performance fees, or similar fees that may be <br />required by unions or similar organizations. Speaker/Perlonuer shall indemnify the City against any liability or <br />damages, including attorney's fees that may arise as a result of violation by Speaker/Performer of copyright laws. <br />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 />This Agreement shall in all respects shall 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 or <br />proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. <br />This Agreement represents the complete and exclusive statement between the City and SpeakerlPerformer regarding <br />the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This <br />Agreement may not be modified except by written instrument signed by the City and by an authorized representative <br />of Speaker/P4ormer. <br />CITY OF SANTA ANA <br />Kristine Ridge <br />City Manager <br />ATTEST: <br />Hawk <br />parks, ��o �cmmunity Services Agency <br />S AKER/PERFORMER <br />artmez `El Diablito" <br />APPROVED AS TO FORM: <br />B)' .. <br />natlun T. Martinez <br />Assislanl City Attorney <br />