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Letter Agreement — Luis Nava dba DJ Bobo fintortaimuent <br />Pago 2 <br />It, Release: Speaker/Performer accepts the Property and any City -provided equipment used in connection with the <br />performance in their "as -is" condition, with all faults, Speaker/Performor 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, <br />by, 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 Property or 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 <br />of Speaker/Performer's presentation to the City community or general public, through webcast or any other <br />means. 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, perfonrrance 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. SpeakerlPerformer 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 <br />laws of the state of California, Both parties agree that Orange County, California, shall be the venue for any <br />action or 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 <br />regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the <br />parties. This Agreement may not be modified except by written instrument signed by the City and by an <br />authorized representative of Speaker/Performer, <br />Please execute this letter to reflect your agreement to the terms and conditions set forth herein. <br />CITY OF SANTA ANA <br />DA ID CAVAZOS r� <br />City Manager <br />ATTEST: <br />MARIA D. HLAZA£' <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />By: <br />J0I JWMi. FUNK <br />Assistant City Attorney <br />