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<br />7. MOLD HARMLESS (LG8 S)
<br />LICENSEE hereby Waives all claims and recourse against COUNTY including the right
<br />of.contribution for loss or 'damage of persons or property arising from, growing out
<br />of, or in any way connected with or related to this License except claims arising
<br />from the concurrent active or sole negligence of COUNTY, its officers, agents, and
<br />employees. LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY,
<br />its officers, agents, and employees against any and all claims, loss, demands,
<br />damages, cast, expenses, or liability costs arising out of the operation; use, or
<br />maintenance of the property described herein, and/or LICENSEE's exercise of the
<br />rights under this License, except for liability arising out of the concurrent
<br />active 'or sole negligence of COUNTY, its officers, agents, or employees, including
<br />the cost of defense of any lawsuit arising therefrom.
<br />In the event COUNTY is named as co-defendant, LICENSEE shall notify COUNTY of such
<br />fact and shall represent COUNTY in such legal action unless COUNTY undertakes to
<br />represent itself as co-defendant in such legal action, in which event LICENSEE
<br />shall pay to COUNTY -its litigation costs, expenses, and attorney's fees. In the
<br />event judgment is entered against COUNTY and LICENSEE because•of the concurrent
<br />active negligence of COUNTY and LICENSEE, their officers, agents, or employees, an
<br />apportionment of liability to pay such judgment shall -be made by a court of
<br />competent jurisdiction. Neither party shall request a jury apportionment.
<br />8. TAXES AND ASSESSMENTS (LG9 S)
<br />Although not anticipated, should this License create a possessory interest which is
<br />subject to the payment of taxes levied on such interest, 'it is understood and
<br />agreed that all taxes and assessments (including but not limited to said possessory
<br />interest tax) which become due and payable in connection with this License or upon
<br />fixtures, equipment, or other property used in connection with this License, shall
<br />be the full responsibility of LICENSEE, and LICENSEE shall cause said taxes and
<br />assessments to be paid promptly.
<br />9. PARTIAL INVALIDITY (LG10 S)
<br />If any term, covenant, condition, or provision of this License is held by a court
<br />of competent jurisdiction to be invalid, void, or unenforceable, the remainder of
<br />the provisions hereof shall remain in full force and effect and shall in no way be
<br />affected, impaired, or invalidated thereby.
<br />10. WAIVER OF RIGHTS (LGII S)
<br />The failure of COUNTY to insist upon strict performance of any of the terms,
<br />covenants, or conditions of this License shall not be deemed a waiver of any right
<br />or remedy that COUNTY may have, and shall not be deemed a waiver of the right to
<br />require strict performance of all the terms, covenants, and conditions of the
<br />License thereafter, nor a waiver of any remedy for the subsequent breach or default
<br />of any term, covenant, or condition of the License. Any waiver, in order to be
<br />effective,' must be signed by the party whose right or remedy is being waived.
<br />PB:srs:sf -
<br />3950w-2 -2-
<br />5-29-91
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