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instrument signed by the City and by Booking Agent. The parties
<br />agree that any terms or conditions of any purchase order or other
<br />instrument that are inconsistent with, or in addition to, the
<br />terms and conditions hereof, shall not bind or obligate Bookinhg
<br />Agent nor the City. Each party to this Agreement acknowledges
<br />that no representations, inducements, promises or agreements,
<br />orally or otherwise, have been made by any party, or anyone
<br />acting on behalf of any party, which are not embodied herein.
<br />9. DISCRIMINATION
<br />Booking Agent shall not discriminate because of race, color,
<br />creed, religion, sex, marital status, sexual orientation, age,
<br />national origin, ancestry, or disability, as defined and
<br />prohibited by applicable law, in the recruitment, selection,
<br />training, utilization, promotion, termination or other employment
<br />related activities. Booking Agent affirms that it is an equal
<br />opportunity employer and shall comply with all applicable
<br />federal, state and local laws and regulations.
<br />10. JURISDICTION - VENUE
<br />This Agreement and all questions relating to its validity,
<br />interpretation, performance, and enforcement shall be government
<br />and construed in accordance with the laws of the State of
<br />California. This Agreement has been executed and delivered in the
<br />State of California and the validity, interpretation,
<br />performance, and enforcement of any of the clauses of this
<br />Agreement shall be determined and governed by the laws of the
<br />State of California. Both parties further agree that Orange
<br />County, California, shall be the venue for any action or
<br />proceeding that may be brought or arise out of, in connection
<br />with or by reason of this Agreement.
<br />11. HOLD HARMLESS CLAUSE
<br />BOOKING AGENT shall defend, indemnify and save harmless
<br />CITY, its officers, agents, volunteers and employees, against any
<br />and all damages to property, or injuries to or death of any
<br />person, or persons, including property and employees or agents of
<br />CITY, and shall defend, indemnify and save harmless CITY, its
<br />officers, agents, volunteers and employees, from any and all
<br />claims, demands, suits, actions, or proceedings of any kind of
<br />nature, including, but not by way of limitation, worker's
<br />compensation claims, and unemployment insurance claims, of or by
<br />any one whomsoever, in any way resulting from or arising out of
<br />PERFORMER'S acts or omissions in connection with this Agreement,
<br />including acts or omissions of subcontractors and acts or
<br />omissions of employees or agents of BOOKING AGENT or its
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