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SPONSORSHIP AGREEMENT WITH HOYU AMERICA CO. FOR FIESTAS PATRIAS 2017 THIS SPONSORSHIP AGREEMENT is made and entered into this _day of September, 2017 by and between HOYU AMERICA CO. ("Sponsor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). A. The City is producing its annual Fiestas Patrias event in Downtown Santa Ana on September 16-17, 2017 ("Event") and desires to retain sponsors for the Event. B. Sponsor represents that it is able and willing to provide sponsorship for the Event. C. In undertaking the performance of this Agreement, Sponsor represents that it is knowledgeable in its field and that any activities conducted by Sponsor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in such field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SPONSOR BENEFITS In exchange for the sum specified in Section 2 below, Sponsor shall be entitled to the benefits at the Event as described on Exhibit A. Sponsor grants to City the right to use Sponsor's trademark(s), trade name(s), logo designs and company descriptions as prepared and delivered to City by Sponsor in any medium of advertising, marketing materials, and/or promotional goods distributed in conjunction with the Event and in accordance with Sponsor's usage guidelines. 2. SPONSORSHIP FEE For its participation as a Sponsor for the Event, Sponsor shall pay to the City a sponsorship fee of Three Thousand Five Hundred Dollars ($3,500,00). The sponsorship fee is due and payable by Sponsor to City by September 15, 2017. Sponsor shall not be entitled to the sponsorship benefits under this Agreement, or to otherwise participate in the Event, if the sponsorship fee is not received before the Event. 3. TERM This Agreement shall commence on the date stated above continue through the last day of the Event, unless terminated as otherwise provided in this Agreement. 4. INDEPENDENT CONTRACTOR Sponsor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or Page 1 of 7