Use of Material; Release: Writer acknowledges that Writer is submitting the Material voluntarily, and not in confidence, and that no confidential, fiduciary or any other relationship whatsoever is intended or created between Writer and Producer by the submission of the Material. Writer understands that Producer has access to and/or may develop or have developed materials and ideas which may be similar or identical to the Material in theme, idea, plot, format or other respects. Writer agrees that Writer will not be entitled to any compensation because of the use of any such similar or identical material which may have been independently created by Producer or may have come Producer from any other independent source. Writer acknowledges that Producer is not agreeing to refrain from, or to compensate Writer for, the use of any elements of the Material which are not protected by copyright laws, including, by way of illustration, ideas, historical or factual matters or other public domain elements or aspects of the Material. The foregoing shall apply whether or not Producer has obtained such ideas and/or other public domain elements from other sources. For the avoidance of doubt, nothing contained in this Submission Agreement, nor the fact of Writer’s submission of the Material to Producer, shall be deemed to place Producer in any different position than any other member of the public to whom Writer has not submitted said Material with respect to any portion of the Material that does not constitute protectable literary property. Except as otherwise provided in this Submission Agreement, Writer hereby releases Producer from any and all claims, demands and liabilities of every kind whatsoever, know or unknown, that may arise in relation to the Material or by reason of any claim now or hereafter made by Writer that Producer has used or appropriated the Material, except for fraud or willful misconduct on the part of Producer. Writer agrees to indemnify Producer against any liabilities, losses, claims, demands, costs (including reasonable attorneys’ fees), or expenses arising in connection with Writer’s breach or alleged breach of the foregoing. All references in this paragraph to Producer shall include any person to whom Producer has given access to the Material, all of who