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2.4 EQUIPMENT DELIVERY DATES. The Permitter shall coordinate with the County designated equipment delivery company to establish a mutually agreed upon date and time for portable storage container delivery for delivery no later than October 26, 2020. 2.5 EQUIPMENT REMOVAL DATES. The Permitter shall coordinate with the County designated equipment delivery company to establish a mutually agreed upon date and time for portable storage container removal which shall occur no later than November 10, 2020. 3 UTILITIES. MAINTENANCE AND JANITORIAL: Permitter shall pay all the charges for the following utilities: water, gas, electricity, trash disposal and sewer. Permitter shall provide air conditioning and/or heating on the Property during the dates and hours described in Section 2.1, above. Permitter shall be responsible for all maintenance and repairs (including but not limited to: fire alarm, HVAC system, elevator maintenance, landscaping, pest control, and trash) unless such maintenance and repairs arise out of County's negligence or intentional acts not in accordance with the uses permitted herein, per Clause 2 (AREA AND USE) above, and excluding normal wear and tear. County shall be responsible for payment of any janitorial service, telephone service, cable service, internet service, and any other costs not provided for in this section. INDEMNIFICATION: County hereby agrees to indemnify, hold harmless, and defend Permitter against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of the Property, except for liability arising out of the concurrent active or sole negligence of, Permitter including the cost of defense of any lawsuit arising therefrom. In the event Permitter is named as co- defendant, County shall notify Permitter of such fact and shall represent Permitter, in such legal action unless Permitter undertakes to represent itself as co-defendant in such legal action, in which event County shall pay to Permitter its litigation costs, expenses and attorney's fees. In the event judgment is entered against County and Permitter because of the concurrent active negligence of County and Permitter, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment. ATTORNEYS' FEES: In any action or proceeding to enforce or interpret any provision of this Permit, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorneys' fees, costs and expenses. GOVERNING LAW AND VENUE: This Permit has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Permit, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. 7. INSURANCE REQUIREMENTS a. County shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death DL: 2201 McFadden Ave, Santa Ana Page 3 of7 Vote Centcr Entry Penn it (Govertunent Facility) Registrar of Voters