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HomeMy Public PortalAbout2019.10.10 LWT Enterprises Inc Location Agreement EPISODE/SCENE: SHOOT DATE: LWT ENTERPRISES INC. 460 W.34th Street 15303 Ventura Blvd. 16th Floor Building C,Suite 800 New York,NY 10001 Sherman Oaks,CA 91403 LOCATION AGREEMENT "Program": River of No Return(w.t.) "Property": Located at City of McCall Municipal Airport "Term": Commencing on or about October 10,2019 and continuing through October 10,2020 This Location Agreement("Agreement")by and between City of McCall ("You" or"Your") and LWT Enterprises Inc., including its parents,affiliates,subsidiaries,licensees,and assigns (collectively,"Producer")for Producer's use of the Property in and in connection with the Program. In consideration of the rights granted herein and other good and valuable consideration,receipt of which You hereby acknowledge,You grant to Producer, its employees, contractors,and agents the right: (a) to enter,remain on and occupy the Property during the Term with personnel and equipment for the purpose of recording, filming, taping and/or photographing in connection with the Program; (b) to make audio and video recordings(including,without limitation,photographs)on and of the Property(including,without limitation,any trademarks,trade names and logos owned or controlled by You);and(c) to irrevocably use, edit, broadcast and/or transmit such recordings in all manners, formats and media now known or hereafter devised throughout the universe in perpetuity in such manner and to such extent as Producer may desire,whether or not in connection with the Program. All rights of every kind in such recordings in all manners, formats and media now known or hereafter devised(including,without limitation,all copyrights therein and all renewals, extensions and restorations of said copyrights)shall be solely owned throughout the universe in perpetuity by Producer. The rights herein granted include, without limitation,the right to record all structures,signs and activities,conduct,and conditions located on,occurring or existing on the Property,as well as the right to refer to the Property by its correct or any fictitious name. Producer shall not be obligated to produce the Program,to make any actual use of recordings made on or of the Property or to use any name connected with the Property in connection with the Program or any other program. Producer shall use reasonable care to prevent damage to the Property and shall indemnify and hold harmless You and all other parties lawfully in possession of the Property for any claims,demands,and causes of action of any person based upon personal injuries or property damage suffered by such person resulting directly from any act or omission on Producer's part in connection with Producer's use of the Property. In the event that Producer's use of the property is prevented or hampered by weather or occurrences beyond Producer's control(including,but not limited to,weather-related delays)(each,a"Force Majeure Event"),Producer shall have the right to use the Property without any additional charge for an amount of additional time equal to the time that was not used due to the Force Majeure event,commencing at a mutually agreeable time following the end of the Force Majeure Event. You represent and warrant that You are the owner and/or authorized representative of the Property, that You have the ability to grant Producer the permissions and rights herein granted,and that no one else's permission is required for Producer to enjoy all of the rights granted herein.You agree not to make any commercial or any other use of the fact that the Property appeared in or may appear in the Program or in any Producer's productions.You release Producer and all parent,sister and related entities of Producer,all licensees,successors,assigns of Producer,all distributors,exhibitors,stations,sponsors and advertising agencies of the Program or other program incorporating any audio and video recordings taken on or of the Property,and all of the officers, directors,agents,employees and shareholders of each of the foregoing from any and all claims,demands and costs arising from or related to any of the use of the recordings made on the Property as contemplated herein. In the event of any action or claim arising out of or related to this Agreement,the use of the Property or the use or exploitation of the recordings made on or of the Property,You shall be limited to an action for money damages and You specifically acknowledge that You shall not be entitled to equitable or injunctive relief, all of which You knowingly waive. In no event shall You be permitted to prevent or inhibit the exhibition,distribution,broadcast or other use or exploitation of any audio or video recordings made on or of the Property. Producer may transfer and assign this Agreement or all or any of its rights or privileges hereunder to any entity or individual without restriction. This release shall be binding on all of Your successors-in-interest and heirs. This Agreement expresses the entire understanding between the parties regarding the subject matter hereof and may not be changed,modified,or terminated except in writing. Producer shall have the right to cancel this Agreement at any time. If any provision of this Agreement is adjudged to be void or unenforceable,same shall not affect the validity of this Agreement or of any other provision hereof. Without regard to the conflicts of law provisions,this Agreement shall be governed by the laws of the State of New York.You agree to keep strictly confidential and not to disclose,or cause to be disclosed,to any third party any information which may be confidential/trade secret information regarding Producer or the Program. Producer agrees to identify any infor- mation it considers confidential/trade secret information which it believes is entitled to this protection from disclosure. LWT ENTERPRISES INC. Signattnc L Signature: Print na Jackie J. Aymon,Mayor Print name: Telephone: 208-634-7142 Title: Email: jaymon@mccall.id.us Date: Date: October 10,2019 Page 1 of 1