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2.4. EQUIPMENT DELIVERY DATES. The Permitter shall coordinate with the County designated <br />equipment delivery company to establish a mutually agreed upon date and time for portable <br />storage container delivery for delivery no later than October 26, 2020. <br />2.5. EQUIPMENT REMOVAL DATES. The Permitter shall coordinate with the County designated <br />equipment delivery company to establish a mutually agreed upon date and time for portable <br />storage container removal which shall occur no later than November 10, 2020. <br />3. UTILITIES, MAINTENANCE AND JANITORIAL: Permitter shall pay all the charges for the <br />following utilities: water, gas, electricity, trash disposal and sewer. Permitter shall provide ait <br />conditioning and/or heating on the Property during the dates and hours described in Section 2.1, above. <br />Permitter shall be responsible for all maintenance and repairs (including but not limited to: fire alarm, <br />HVAC system, elevator maintenance, landscaping, pest control, and trash) unless such maintenance <br />and repairs arise out of County's negligence or intentional acts not in accordance with the uses <br />permitted herein, per Clause 2 (AREA AND USE) above, and excluding normal wear and tear. <br />County shall be responsible for payment of any janitorial service, telephone service, cable service, <br />internet service, and any other costs not provided for in this section. <br />4. INDEMNIFICATION: County hereby agrees to indemnify, hold harmless, and defend Permitter <br />against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of <br />the Property, except for liability arising out of the concurrent active or sole negligence of, Permitter <br />including the cost of defense of any lawsuit arising therefrom. In the event Permitter is named as co- <br />defendant, County shall notify Permitter of such fact and shall represent Permitter, in such legal action <br />unless Permitter undertakes to represent itself as co-defendant in such legal action, in which event <br />County shall pay to Permitter its litigation costs, expenses and attorney's fees. In the event judgment <br />is entered against County and Permitter because of the concurrent active negligence of County and <br />Permitter, their officers, agents, or employees, an apportionment of liability to pay such judgment shall <br />be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment. <br />5. ATTORNEYS' FEES: In any action or proceeding to enforce or interpret any provision of this Permit, <br />or where any provision hereof is validly asserted as a defense, the Parties shall bear their own <br />attorneys' fees, costs and expenses. <br />6. GOVERNING LAW AND VENUE: This Permit has been negotiated and executed in the State of <br />California and shall be governed by and construed under the laws of the State of California. In the <br />event of any legal action to enforce or interpret this Permit, the sole and exclusive venue shall be a <br />court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to <br />and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure <br />Section 394. <br />7. INSURANCE REQUIREMENTS <br />a. County shall maintain commercial general liability insurance which shall include, but not be <br />limited to, protection against claims arising from bodily and personal injury, including death <br />resulting therefrom and damage to property, resulting from any act or occurrence arising out <br />DL: 706 N Newhope Ave, Santa Ann Page 3 of7 <br />Vole Canter Entry Portrait (Goverranent Facility) <br />Registrar ofvoters <br />