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Logistics and set up will be responsibility of County staff.
<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 air
<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 /> Upon mutual agreement in advance of a not to exceed cost, County shall be responsible for payment
<br /> of any janitorial service, telephone service, cable service, internet service and any other costs not
<br /> provided for in this section if approved in writing.
<br /> 4. AUTHORIZATION FOR USE OF PROPERTY: Parties acknowledge and agree that the use of this
<br /> property is provided pursuant to Elections Code section 12283.
<br /> 5. INDEMNIFICATION: County hereby agrees to indemnify, hold harmless, and defend Permitter
<br /> against any and all claims,loss, demands, darnages,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 apportiomnent.
<br /> 6. 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 /> 7. 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 /> 8. EMPLOYMENT: No County employee shall be considered an employee of the Permitter under the
<br /> jurisdiction of the Permitter, nor shall such County employees have any Permitter pension, civil
<br /> service, or other status while an employee of County. County shall have no authority to contract on
<br /> behalf of Permitter. It is expressly understood and agreed by both Parties hereto that County,while
<br /> engaged in carrying out and complying with any terms of this Permit,is not acting as an agent,officer,
<br /> or employee of Permitter.
<br /> 9. CONDITION OF PERMIT AREA UPON TERMINATION: Except as otherwise agreed to herein, at
<br /> its sole cost, County shall, at the expiration or earlier termination of this Permit, restore the Permit
<br /> DL:1825 W CIVIC CENTER DR,SANTA ANA Page 3 of 7
<br /> Vote Center Entry Penuit(Goverment Facility)v7.28.22
<br /> Registrar of Voters
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