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-5- <br />any part thereof in good working order. CITY will continue to make <br />payments related to the lease and/or purchase of said mass <br />spectrometer system and if CITY purchases said mass spectrometer <br />system,.CITY shall retain title to it. CITY shall be responsible <br />for and shall make all payments for the maintenance of said mass <br />spectrometer system. CITY shall permit COUNTY to use any part or <br />all of said mass spectrometer system, free of charge, whenever <br />COUNTY personnel determine it is appropriate or necessary to do so. <br />CITY shall defend, indemnify and hold harmless COUNTY, its officers, <br />agents and employees from any loss, damage, injury, claim, demand or <br />liability resulting, in whole or in part, or alleged to result, in <br />whole or in part, from the malfunctioning or breakdown of said mass <br />spectrometer system or any part thereof, except for any loss, damage <br />or injury resulting from the negligent operation of said machine by <br />an employee or agent of COUNTY. <br />8. CITY shall permit COUNTY, free of charge, to have a <br />reasonable access to, use, and move to COUNTY premises any other <br />crime lab equipment and supplies owned by CITY. COUNTY shall pay <br />moving costs for any such equipment or material moved from CITY to <br />COUNTY facilities. COUNTY shall pay the costs of maintaining any <br />such equipment in.good working order during that portion of its <br />remaining useful life during which it is in use by COUNTY. <br />9. Neither party shall delegate or assign its responsibilities <br />hereunder without prior written approval by the other party. <br />10. Each party agrees to indemnify and hold the other, its <br />officers, agents and employees, harmless from any claims, demands or <br />liability arising out of the acts or omission of itself and its <br />agents and employees in the performance of this AGREEMENT. <br />