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CUSTOMS employees for which the Federal Government would be liable under <br />the provisions of the Federal Tort Claims Act, 28 U.S.C. 2672 -2680 and in <br />compliance with the limits of the Anti- Deficiency Act, 31 U.S.C. 1341. The costs <br />of fees and expenses for any and all causes of action, other than cases sounding in <br />tort, relating to U.S. CUSTOMS use of the range pursuant to this Agreement shall <br />be governed under the provisions of the Equal Access to Justice Act, 28 U.S.C. <br />2412. <br />11. The U.S. CUSTOMS agrees and represents that all of its officers, employees, <br />agents, or other personnel that may utilize the Facility are doing so within the <br />course and scope of their duties as an employee, officer, or agent of the U.S. <br />CUSTOMS and are in no way employees of Santa Ana. Should any officer, <br />employee, agent or other personnel of the U.S. CUSTOMS submit a claim for any <br />injury or damages relating to the use of the Facility, the U.S. CUSTOMS agrees to <br />indemnify Santa Ana to the extent allowed by applicable Federal law, except that <br />the U.S. CUSTOMS shall not indemnify Santa Ana for any loss, damage, injury, or <br />claim arising from the willful acts or negligence of Santa Ana, its officers, <br />employees or agents. <br />12. Either party may terminate this Agreement at anytime, without cause upon 30 days <br />prior written notice. <br />13. Any notice, demand or other communication pursuant to this Agreement shall be in <br />writing and shall be deemed properly given if delivered in person or mailed by first <br />class or certified mail, postage prepaid, or sent by telefacsimile in the manner <br />provided in this Section, to the following persons: <br />To Santa Ana: To U.S. CUSTOMS <br />Office of the Special Agent in Charge <br />501 W. Ocean Blvd., Rm 7200 <br />Long Beach, CA 90802 -4213 <br />Telefacsimile (562) 590 -9604 <br />0 <br />