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<br />( <br /> <br />. <br /> <br />- <br /> <br />N-2004-131 <br /> <br />iNSURANCE ¡WT RiOUi f~rD <br />WORK M PROcEED <br />CLERK OF COUNClì <br />OATE~ 10-' 5.-otf <br /> <br /> <br />C ! P~tS <br />@.~) <br /> <br />~ <br />buttE'r Ly iNiticttivl;' <br />~c~,t~~ <br /> <br />RELEASE AGREEMENT <br /> <br />This Release Agreement ("Agreement") is entered into by and between KOCE-TV Foundation, Inc. ("KOCE") <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ("City") on this 13 day of October 2004 ("Effective Date"). <br /> <br />WHEREAS, the KOCE has developed a project to initiate community involvement and promote creativity to <br />result in the advancement of education ("Butterfly Project"); <br /> <br />WHEREAS, City desires to participate in the Butterfly Project with KOCE- TV Foundation and obtain certain works of <br />art; and <br /> <br />THEREFORE, in consideration of the mutual promises and undertakings herein, the parties agree as follows: <br /> <br />1. As a part of the Butterfly Project, KOCE will be selling butterfly sculptures at designated locations and through other <br />media such as through the KOCE web site. The sculptures will be available in a form readied for decoration. City will <br />receive one (1) butterfly sculpture as a part of the Butterfly Project for a reduced price. <br /> <br />2. In consideration for the opportunity to participate in the Butterfly Project and receive a butterfly sculpture for a <br />reduced price, City hereby agrees to release, defend and hold harmless KOCE, its project partners, donors for the <br />Butterfly Initiative and Butterfly Project, and their respective directors, employees, representatives, agents and affiliates <br />from and against any and all liability, claims, demands, actions or rights of action, of whatever kind or nature, whether <br />either in law or equity, arising from or by reason of any bodily injury, known or unknown, or property damage to and or <br />from actions or omissions to act relating to the sculpture and/or City's participation in and related to the Butterfly <br />Initiative and the Butterfly Project. City waives the benefit of Section 1542 of the California Civil Code, which provides <br />as follows: <br /> <br />"A general release does not extend to claims which the creditor does not know or suspect to exist in <br />his favor as the time of executing the release, which if known by him must have materially affected <br />his settlement with the debtor." <br /> <br />3. KOCE has the right to photograph and videotape any representative of the City and the butterfly sculpture provided <br />to the City, (in its initial state and following its decoration) and uses such photographs and videotapes for publicity and <br />educational purposes. <br /> <br />4. This Agreement and all covenants and releases set forth herein shall be binding upon and shall inure to the benefit of <br />the respective parties hereto, their legal successors, heirs, assigns, partners, attorneys, officers, directors and <br />shareholders. <br /> <br />Page 1 of 2 <br /> <br />