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and/or disposal of any hazardous substances encountered in the execution of this Agreement.
<br />8.TITLES AND LIENS
<br />a.Abandoned vessels: Grantee shall comply with all relevant provisions of the Harbors
<br />and Navigation Code regarding notices, hearings and liens in the performance of this
<br />Agreement. Grantee (in conjunction with local law enforcement) shall conduct a title
<br />search for all vessels presumed to be abandoned, as provided by Harbors and
<br />Navigation Code section 526.
<br />b.Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors
<br />and Navigation Code section 526.1 in the performance of this Agreement, requiring
<br />that a surrendered vessel be that of the “verified titleholder.”
<br />9.MEDIA
<br />Grantee agrees to acknowledge DBW’s financial support whenever work funded by this
<br />Agreement is publicized in any news media, brochures, or other type of promotional material.
<br />10.MEDIA MATERIALS RELEASE
<br />Grantee agrees to irrevocably grant to California State Parks, Division of Boating and
<br />Waterways, its employees, officers, agents, and assigns (hereinafter referred to as “DBW”),
<br />the non-exclusive, royalty-free, perpetual and worldwide right and permission to use,
<br />reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs, motion
<br />pictures, caption information, and/or written quotes (hereinafter referred to collectively as
<br />“Photographs”), that the Grantee has submitted to DBW for art, editorial, advertising,
<br />marketing, trade, broadcast, print, educational programs, or any other lawful purpose
<br />whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees
<br />not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner
<br />that tends to subject DBW or its AWAF, VTIP and/or SAVE programs to ridicule,
<br />disparagement, mockery, satire, or that could tarnish the image of the DBW’s AWAF, VTIP,
<br />and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all
<br />claims and demands arising out of or in connection with the use of the Photographs, including
<br />without limitations, any and all claims for libel, defamation, invasion of privacy, and/or publicity
<br />rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of
<br />same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.
<br />Grantee also grants DBW and its licensees the unrestricted right to use and disclose its name
<br />in connection with use of the Photographs. The Grantee understands that it will not be paid for
<br />any use or right granted herein.
<br />The Grantee understands and agrees that the Photographs may be used in whole or in part, at
<br />any time. The license granted herein to DBW includes the right and permission to conduct or
<br />have conducted such alterations to the Photographs as DBW deems necessary. Grantee
<br />releases and discharges DBW and agrees to indemnify and hold DBW harmless from any
<br />liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form,
<br />loss or damage, whether intentional or otherwise, that may occur in the use of the
<br />Photographs. The Grantee waives any right to inspect or approve any finished product,
<br />advertising or other copy that may be used in connection therewith or the use to which it may
<br />be applied.
<br />The Grantee declares and avows that the Photographs it is submitting to DBW are its own
<br />original work in all respects. The Grantee is the sole and exclusive owner of the Photographs;
<br />Date: 09/02/2015 Contract # C15S0614, City of San Leandro Marina, Surrendered and Abandoned Vessel
<br />Exchange (SAVE) Fiscal Year 2015/2016
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