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Letter Agreement—Kiddle Karoo Entertainment Page 2 forever any and all claims, demands,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 Property or City-provided equipment or Speaker/Performer's use thereof. 12. Insurance: Insurance shall be procured and maintained by the Speaker/Performer as required by the City and as further detailed in Exhibit B,attached hereto and incorporated herein. 13. Worker's Compensation Insurance. In accordance with the California Labor Code, Speaker/Performer, if Speaker/Performer has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. 14. The City shall have the right and royalty-free license to simulcast or produce and show a tape-delayed broadcast of Speaker/Performer's presentation to the City community or general public, through webcast or any other means. This license shall be non-exclusive and the copyright shall remain with the Speaker/Performer. Copies of Speaker/Performer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 15. Speaker/Performer is solely responsible for payment of royalty fees,performance fees,or similar fees that may be required by unions or similar organizations. Speaker/Performer shall indemnify the City against any liability or damages,including attorney's fees,that may arise as a result of violation by Speaker/Performer of copyright laws. 16. Speaker/Performer 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. 17. 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. 18. This Agreement represents the complete and exclusive statement between the City and Speaker/Performer 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 Speaker/Performer. CITY OF TA ANA SPEAKER/PERFORMER Lisa ause Lisa Clyfle(Eph 9025 1737 PST) Alvaro Nunez Lisa Clyde City Manager Owner ATTEST: , APPROVED AS TO RM: By: Jennifer . H onathan T.Martinez Ci Assistant City Attorney RECOMMENDED FOR APPROVAL: Brian Stemberg, Executive Director,Library Services Department