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AG 16-007[ITV OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwwv cityofedera!waycom MUTUAL RELEASE OF LIABILITY The City of Federal Way and its employees, Ron Potts and Curtis Tucker, (hereinafter referred to as "City ") hereby authorize FARO Technologies, Inc. (hereinafter referred to as "FARO ") to publish, quote and make reference to the video recorded training presented by Officers Potts and Tucker related to their experiences with FARO products. Additionally, FARO is authorized to use images such as screenshots, diagrams, and point clouds for use in FARO's publications and advertisements, including those that are printed, published online, emailed or in video form. City attests that it has full authorization to consent to publication of this training video and related training materials. Further, the City hereby releases and holds harmless FARO from any reasonable expectation of privacy or confidentiality associated with the photographs. City further acknowledges that neither the City nor any other party who may share ownership of the property described above (whether in the past or future), will receive financial compensation of any type associated with the taking or publication of this training video or references thereto or participation in FARO publications. City acknowledges and agrees that publication of said photographs confers no rights, ownership or royalties whatsoever and that participation is voluntary. City hereby releases FARO, its contractors, its employees and any third parties involved in the creation or publication of any marketing materials utilizing the photographs from liability for any claims made by City. City acknowledges that there is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. FARO agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this the use of these materials. FARO further agrees to avoid the use of the City's name or logo in any way that implies endorsement of FARO products. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Andy Hwang, City of Federal Chief of Police Corporal q Potts ffr3.4 Officer Curtis Tucker 1 ATTEST: lerk, Stephanie Co CMC CITY OF deral Way DATE: ! �'" ` `k FARO TECHNOLOGIES, INC.: By: Printed Name: 1 j, 4 t ___T■E 7' t Title: CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.com APPROVED AS TO FORM: Lte- ity Attorney, Amy Jo Pearsall DATE: / 2./ / f STATE OF ) V'‘-.0n. ss. COUNTY OF SorWw)\•e. ) On this day personally appeared before me , `+-Re.s�� , to me known to be the �1 c� r `Ci1c�x of C-lWrj—� cNm. „es �� that executed the foregoing instrument, and acknowle ged the said instrument to bete free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and . on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this \' day of-VDer -e - , 20`S Notary's signature S. Notary's printed name \ S. \- .2.4ws't. Notary Public in and for the State of Washington. My commission expires ve'\ d' 0011.4•. 0,00 CAROL S. LEVINE .1 Notary public • State of Florida My Comm. Expires Oct 30. 2018 Commission 0 FF 138066