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Letter Agreement — TCCG Tech Coast Consulting Group, LLC <br />Page 3 <br />this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) <br />has been disclosed in publicly available sources; (b) is, through no fault of the Speaker/Performer disclosed in a <br />publicly available source; (c) is in rightful possession of the Speaker/Performer without an obligation of <br />confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the <br />Speaker/Performer without reference to information disclosed by the City. <br />18. 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 its City Council, officers, <br />agents, representatives, and employees against any liability or damages, including attorney's fees, that may arise as <br />a result of violation by Speaker/Performer of copyright laws. <br />19. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br />orientation, gender identity, gender expression, gender, medical conditions, generic information, military and <br />veteran status, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection <br />with any activities related to this Agreement. <br />20. 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 />21. 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 OF SANTA ANA <br />Thomas R. Hatch <br />Interim City Manager <br />RECOMMENDED FOR APPROVAL: <br />Michael Garcia <br />Executive Director <br />Community Development Agency <br />SPEAKER/PERFORMER <br />Pyaams & -oar <br />Dr. Wallace Walrod <br />Managing Partner <br />APPROVED AS TO FORM: <br />By !{ L( <br />Andrea Garcia -Miller <br />Assistant City Attorney <br />