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N-2023-130
<br />Letter Agreement — Noteworthy Puppets, Inc.
<br />Page 2
<br />City against any liability or damages, including attorney's fees, that may arise as a result of violation by
<br />Speaker/Performer of copyright laws.
<br />11. 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/Performer 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, by,
<br />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 of
<br />Speaker/Performer's presentation to the City community or general public, through webcast or any other means.
<br />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, performance fees, or similar fees that may be
<br />required by unions or similar organizations.
<br />14. Speaker/Performer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
<br />veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
<br />recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities
<br />or any services provided under this Agreement. Speaker/Performer affirms that they are an equal opportunity
<br />employer and shall comply with all applicable federal, state and local laws and regulations.
<br />15. This Agreement shall in all respects shall be interpreted, enforced, and governed exclusively by and under the laws
<br />of the state of California. Both parties agree that Orange County, California, shall be the venue for any action or
<br />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 regarding
<br />the subject matter herein and supersedes any and all other agreements, oral or written, between the parties. This
<br />Agreement may not be modified except by written instrument signed by the City and by an authorized representative
<br />of Speaker/Performer.
<br />CITY OF SANTA ANA NOTEWO T
<br />NHY PUPPETS, INC.
<br />KEV 001 � ESTER 23,202309:10 PDT)
<br />Kristine Ridge
<br />City Manager
<br />ATTEST:
<br />"Y'n A 0, — (0
<br />nJennifer L. Hall
<br />1 �. City Clerk
<br />RECOW'?NDEII/FOR APPROVAL
<br />Brian Sternberg '
<br />Executive Director
<br />Library Services A,
<br />Kevin Noonchester
<br />Owner
<br />APPROVED AS TO FORM:
<br />ay:
<br />Btart on Salvatierra
<br />Deputy City Attorney
<br />
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