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A-2003-273
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ORANGE, COUNTY OF
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A-2003-273
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Last modified
1/3/2012 2:29:57 PM
Creation date
5/21/2004 3:01:09 PM
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Contracts
Company Name
County of Orange
Contract #
A-2003-273
Agency
Community Development
Council Approval Date
11/17/2003
Expiration Date
9/30/2005
Destruction Year
2010
Notes
Amended by A-2004-205
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<br />19.0 <br /> <br />20.0 <br /> <br />CITY and COUNTY agree that liability will be apportioned as determined by the court. <br />Neither party shall request a jury apportionment. <br /> <br />COUNTY agrees to indemnify and hold CITY, its elected and appointed officials, <br />officers, employees, agents and those special districts and agencies which CITY'S <br />COUNCIL acts as the governing COUNCIL ("CITY INDEMNITEES") harmless fÌ'om <br />any claims, demands or liability of any kind or nature, including but not limited to <br />personal injury or property damage, arising from or related to the services, products or <br />other performance provided by COUNTY pursuant to this Agreement. If judgment is <br />entered against COUNTY and CITY by a court of competent jurisdiction because of the <br />concurrent active negligence of CITY or CITY INDEMNITEES, COUNTY and CITY <br />agree that liability will be apportioned as determined by the court. Neither party shall <br />request a jury apportionment. <br /> <br />DISTRIBUTION OF FORFEITED AND SEIZED ASSETS <br /> <br />The parties agree to follow the guidelines of Sections 11469-11495 of the California <br />Health and Safety Code regarding the distribution of forfeited and seized assets <br />fÌ'om drug enforcement activities, as they may apply to the services provided under <br />this Agreement. The parties may, if needed, seek instructions or clarification ITom a <br />countywide panel of law enforcement officers who may be appointed or implement <br />specified forfeiture guidelines. <br /> <br />TERMINATION <br /> <br />20.1 Either party may terminate this Agreement, with or without cause, upon thirty <br />(30) days' written notice given to the other party. <br /> <br />20.2 The obligations pertaining to indemnification for, or defense of, causes of <br />action accruing during the term of this Agreement, shall extend beyond the <br />termination of this Agreement until fully performed. <br /> <br />- <br /> <br />20.3 Contingent Funding: CITY acknowledges that funding or portions of funding for <br />this Agreement may be contingent upon state budget approval; receipt of funds <br />from, and/or obligation of funds by, the State of California to COUNTY, and <br />inclusion of sufficient funding for the services hereunder in the budget approved <br />by County's Board of Supervisors for each fiscal year covered by this Agreement. <br />If such approval, funding or appropriations are not forthcoming, or are otherwise <br />limited, COUNTY may immediately terminate or modify this contract without <br />penalty. <br /> <br />Page 11 of 13 <br />
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