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N-2018-090 Letter Agreement — Segerstrom Center for the Arts Page 2 rights, and causes of action of any kind or nature against, and covenants not to sue, City, its elected officials, officers, employees, agents and volunteers, and all persons acting on behalf of, by, through or under each of them, under any present or future laws, statutes, or regulations for any claim or event relating to the condition of the City -provided equipment or Promoter's use thereof. 12. Worker's Compensation Insurance. In accordance with the California Labor Code, Promoter, if Promoter has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 13. The City shall have the right and royalty -free license to simulcast or produce and show a tape -delayed broadcast of the workshops to the City community or general public, through webeast or any other means. This license shall be non-exclusive and the copyright shall remain with the Promoter. Copies of Promoter's presentation may be maintained by the City, and Promoter consents to use of such recordings. 14. Promoter shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, disability, or any other basis protected by applicable law in connection with any activities related to this Agreement. 15, This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws of the state of California. Both parties agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. This Agreement represents the complete and exclusive statement between the City and Promoter regarding the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Promoter. Please execute this letter tp reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA ANA RAUGOD Z 1 City Manager ATTEST: MARIA D. HUIZAR ';Clerk of the Council FOR APPROVAL STEVEN MENDOZA Executive Director, Community Development Agency SEGE,RSTROM CENTER FOR THE ARTS - $ 916 A1-1 LLAND City