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Speaker Agreement — Elizabeth Luce dba Luce Puppet Company N-2024-022 <br />Page 2 <br />11. Release: Speaker/Performer accepts any City -provided Property or equipment used in connection with the <br />performance in their "as -is" condition, with all faults. Speaker/Performer fully releases, waives and discharges <br />forever any and all claims, demands, rights, and causes of action of any kind or nature against, and covenants not <br />to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, <br />through or under each of them, under any present or future laws, statutes, or regulations for any claim or event <br />relating to the condition of the City -provided Property or equipment or Speaker/Performer's use thereof. <br />12. 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/Performer 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 />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 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 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 />15. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer 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/Performer. <br />CITY fOFF�SANTA ANA <br />3 /LTV �- AF <br />Thomas R. Hatch <br />Interim City Manager <br />RECOMMENDED FOR APPROVAL <br />Brian Sternber <br />Library Services irector <br />Library Services <br />SPEAKER/PERFORMER <br />E6iaabet h ZXe <br />Elizabeth Luce (Jan 9, 202410:36 PST) <br />Elizabeth Luce <br />APPROVED AS TO FORM: <br />By: <br />BhTffon Salvatierra <br />Deputy City Attorney <br />