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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. 6. 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. hi 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. 8. 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 resulting therefrom and damage to property, resulting from an act or occurrence arising out of County use of the Permit Area, including, acts involving County vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the Permitter, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and contributory with respect to insurance or self-insurance programs maintained by the Permitter; and (c) contain standard separation of insureds provisions. b. County shall maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Pursuant to state law, County is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of services under this Permit, County agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Certificate of Self -Insurance: Prior to execution of this Permit, County shall furnish to Permitter a Certificates of Self -Insurance evidencing the foregoing insurance coverages as required by this Permit. DL: 1801 E Chestnut Ave, Santa Ana, CA Page 3 oP8 We Center Entry Punrit (Govermne rt Facility) Pop -Up v9.9.22 Registrar of Voters