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N-2017-233 Letter Agreement — Sarah Hernandez Page Z 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 Speakor/Performer's use thereof. 12. 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 SpeakenTerformer. Copies of SpeakenTerformer's presentation may be maintained by the City, and Speaker/Performer consents to use of such recordings. 13. 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. 14. SpeakenTerformer 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 Agreemenr 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. 15. This Agreement represents the complete and exclusive statement between the City and Speaker1lerformer 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. Please execute this letter to reflect your agreement to the terms and conditions set forth herein. CITY OF SANTA ANA � P Tt.�UL <iODISEZ I r. City Manager .$TT 7-tCle IA D. HUIZrkofthe Council RECOMMENDED FOR APPROVAL SPEAICER/PERFORYtER S.AR ANDEZ — APPROVED AS TO FORM: By: JOH1t ,"VK Assistant City Attorney Gerardo Mouet, Executiye Director, Parks, Recreation, & Community Services Agency