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Agreement No. D07-131 <br />Section 3. ACCESS TO LANDBASE <br />A. OCFA may not allow another local agency to access or use the <br />Landbase unless it has entered into an agreement with such agency pursuant to <br />the #erms of this Section 3. OCFA must obtain written consent from the County <br />before entering into any agreement with an agency o#her than a Public Safety <br />Agency to authorize such agency to access or use the Landbase. <br />B. The Landbase may.only be accessed and used pursuant to this <br />License Agreement, for the purposes of supporting public safety services, <br />including planning, response and recovery. If Public Safety Agencies desire to <br />use the information for any other purpose, OCFA must obtain prior written <br />consent from the County. <br />C. OCFA shall enter into a written agreement, Exhibit B,with the Public <br />Safety Agencies. OCFA will require those agencies not to disclose or distribute <br />the Landbase, except to the County, OCFA, and to other Public Safety Agencies. <br />D. The right of access and use of the Landbase includes the right to <br />use third party technica! consultants to assist OCFA or Public Safety Agencies in <br />its use of Landbase or creation of derivatives. Such access and use by technical <br />consultants is permissible only if the consultants agree not to sell or disclose <br />Landbase to third parties. <br />E OCFA must notify the County in writing within thirty (30) days of the <br />date OCFA terminates a Public Safety Agency's access or use of the Landbase. <br />Section 4. INDEMNITY <br />OCFA shall defend with counsel approved in writing by County, hold harmless <br />and indemnify. he. County and/or ts,officers, board .members, employees and agents, <br />against any and all liability, claims, and causes of action of any sort; asserted or made <br />by anyone, related to or arising from the use or misuse of Landbase by OCFA and/or its <br />consultants, from disclosure of the Landbase, and/or from the granting of this license, <br />including, but not limited to all costs, expenses, and reasonable attorneys' fees incurred <br />by County and/or its officers, board members., employees or agents (including but not <br />limited to fees of outside counsel and of County Counsel) in opposing or defending <br />against such liability, claims, or causes of action. The County shall not be entitled to <br />indemnification hereunder for the portion, if any, of any claim or liability which is <br />determined by a court of competent jurisdiction to have been caused solely by the willful <br />misconduct of the County <br />Page 3 of 7 <br />