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9.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, <br />motion pictures, caption information, and/or written quotes (hereinafter referred to collectively <br />as “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 <br />agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in <br />a manner that tends to subject DBW or its Abandoned Watercraft Abatement Fund Grants <br />(AWAF), Vessel Turn In Program (VTIP) and/or Surrendered and Abandoned Vessel <br />Exchange (SAVE) programs to ridicule, disparagement, mockery, satire, or that could tarnish <br />the image of the DBW’s AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and <br />discharges DBW from any and all claims and demands arising out of or in connection with <br />the use of the Photographs, including without limitations, any and all claims for libel, <br />defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for <br />lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or <br />transfer all rights granted to it 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 />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. 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 />Grantee declares and avows that the Photographs it is submitting to DBW are its own original <br />work in all respects. Grantee is the sole and exclusive owner of the Photographs; they are <br />free, clear, and unencumbered. No part of them is taken from or based on any other work; <br />no part infringes the copyright or any other right of any person; and the reproduction, <br />publication, exhibition, or any other use by DBW of the Photographs in any form whatever will <br />not in any way, directly or indirectly, infringe on the rights of any person. Grantee agrees to <br />indemnify and hold DBW harmless from and against any and all loss, damage, costs, <br />charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and <br />expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) <br />any violation or infringement of any proprietary right or copyright; or (2) any libelous or <br />unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold <br />DBW harmless for any such amounts arising from its breach of any covenant, representation, <br />or warranty of this agreement. <br />10.PERMITS AND DOCUMENTATION <br />Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, <br />Date: 08/12/2022 Contract # C22S0624, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2022/2023 <br />__________________________________________________________________________ <br />Page: 8 of 4141