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for the use of same. DBW may sell, assign, license, or transfer all rights granted to it <br />hereunder. <br />Grantee also grants DBW and its licensees the unrestricted right to use and disclose its <br />name in connection with use of the Photographs. The Grantee understands that it will not be <br />paid for any use or right granted herein. <br />The Grantee understands and agrees that the Photographs may be used in whole or in part, <br />at any time. The license granted herein to DBW includes the right and permission to conduct <br />or 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 <br />Photographs; they are free, clear, and unencumbered. No part of them is taken from or <br />based on any other work; no part infringes the copyright or any other right of any person; and <br />the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any <br />form whatever will not in any way, directly or indirectly, infringe on the rights of any person. <br />The Grantee agrees to indemnify and hold DBW harmless from and against any and all loss, <br />damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, <br />penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by <br />reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any <br />libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify <br />and hold DBW harmless for any such amounts arising from its breach of any covenant, <br />representation, or warranty of this agreement. <br />11.PERMITS AND DOCUMENTATION <br />Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, <br />the Grantee shall obtain all necessary permits, authorizations, and documentation <br />necessitated by any applicable provision of law. <br />12.SECURING OF BIDS <br />Grantee shall comply with any applicable laws and regulations governing the competitive <br />bidding process when awarding subcontracts to marine salvage companies under this <br />Agreement. <br />13.SUBCONTRACTORS <br />Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all <br />of its contractors and subcontractors holds a valid business license and carries general <br />commercial liability insurance coverage sufficient to fully insure against any and all risks of <br />hazardous activities associated with the work to be performed under this Agreement; and <br />Grantee agrees that if any of Grantee’s contractors or subcontractors fail to fulfill any of these <br />requirements, that Grantee itself carries general commercial liability insurance coverage <br />sufficient to fully insure against any and all risks of hazardous activities associated with the <br />work to be performed under this Agreement, whether performed by the Grantee, Grantee’s <br />contractor(s), or Grantee’s subcontractor(s). Grantee shall provide DBW with a certificate of <br />Date: 07/30/2018 Contract # C18S0605, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2018/2019 <br />__________________________________________________________________________ <br />Page: 7 of 3939 <br />86