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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
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