|
Speaker Agreement—Jonathan Alexander
<br /> Page 2
<br /> 10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees to and shall indemnify,
<br /> defend,and hold harmless the City,its officers,agents,employees,consultants,special counsel,and representatives
<br /> from and against all loss, expenses, or liability(including costs and attorney's fees)arising from the negligence or
<br /> willful misconduct of Speaker/Performer,his or her agents, or employees.
<br /> 11. Release: Speaker/Performer accepts any City-provided equipment used in connection with the performance in their
<br /> "as-is" condition, with all faults. Speaker/Performer fully releases, waives and discharges forever any and all
<br /> claims,demands,rights,and causes of action of any kind or nature against,and covenants not to sue,City, its elected
<br /> officials,officers, employees, agents and volunteers, and all persons acting on behalf of,by,through or under each
<br /> of them,under any present or future laws,statutes,or regulations for any claim or event relating to the condition of
<br /> the City-provided equipment or Speaker/Performer's use thereof.
<br /> 12. The City shall have the right and royalty-free license to simulcast or produce and show a tape-delayed broadcast of
<br /> Speaker/Performer's presentation to the City community or general public, through webcast or any other means.
<br /> This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of
<br /> Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such
<br /> recordings.
<br /> 13. 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 /> 14. 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 /> 15. 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 /> 16. 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 /> [signature page follows]
<br />
|