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Letter Agreement — Moises Vasquez <br />Page 2 <br />Speaker/Perforrner shall be provided in a manner consistent with all applicable standards <br />and regulations. Speaker/Performer shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall <br />be responsible for all applicable withholding taxes. <br />10. Indemnification: Speaker/Performer, his or her agents, or employees (if applicable) agrees <br />to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, <br />consultants, special counsel, and representatives from and against all loss, expenses, or <br />liability (including costs and attorney's fees) arising from the negligence or willful <br />misconduct of Speaker/Performer, his or her agents, or employees. <br />11. Release: Speaker/Performer accepts the Property and any City -provided equipment used <br />in connection with the performance in their "as -is" condition, with all faults. <br />Speaker/Performer fully releases, waives and discharges forever any and all claims, <br />demands, rights, and causes of action of any kind or nature against, and covenants not to <br />sue, City, its elected officials, officers, employees, agents and volunteers, and all persons <br />acting on behalf of, by, through or under each of them, under any present or future laws, <br />statutes, or regulations for any claim or event relating to the condition of the Property or <br />City -provided equipment or Speaker/Performer's use thereof. <br />12. Worker's Compensation Insurance. In accordance with the California Labor Code, <br />Speaker/Performer, if Speaker/Performer has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self-insurance. If Speaker fails <br />or refuses to produce or maintain the insurance required by this section or fails or refuses <br />to furnish the City with required proof that insurance has been procured and is in force and <br />paid for, the City shall have the right, at the City's election, to forthwith terminate this <br />Agreement. Such termination shall not affect Speaker's right to be paid for its time and <br />materials expended prior to notification of termination. Speaker waives the right to receive <br />compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City <br />13, The City shall have the right and royalty -free license to simulcast or produce and show a <br />tape -delayed broadcast of Speaker/Performer's presentation to the City community or <br />general public, through webcast or any other means. This license shall be non-exclusive <br />and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Performer's <br />presentation may be maintained by the City, and Speaker/Performer consents to use of such <br />recordings. <br />14. Speaker/Performer is solely responsible for payment of royalty fees, performance fees, or <br />similar fees that may be required by unions or similar organizations. Speaker/Performer <br />shall indemnify the City against any liability or damages, including attorney's fees that <br />may arise because of violation by Speaker/Performer of copyright laws. <br />15. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, <br />marital status, sexual orientation, age, national origin, ancestry, disability, or any other <br />