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5. LEASE ORGANIZATION (PMGE5.2 S) <br />The various headings and numbers herein. the grouping of'provisions of this I-ease into separate clauses <br />and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be <br />considered otherwise. <br />6. AMENDMENTS (PMGE6.2 S) <br />']'his I:ease is the sole and only agreement between the parties regarding the subject master hereof; ether <br />agreements. either oral or written, are void. Any changes to this lease shall be in writing and shall be <br />properly executed by both parties. <br />7. UNLAWFUL USE. (PNIGE7.2 N) <br />TENANT agrees no improvements nor vending machines shall be erected, placed upon, operated, nor <br />maintained within the Premises, nor any business conducted or carried on therein or therefrom, in <br />violation of the terns of this Lease. or of any regulation, order of law. statute, bylaw. or ordinance of a <br />governmental agency having jurisdiction. <br />8. NONDISCRIMINATION (PMGE8.2 S) <br />TENANT agrees not to discriminate against any person or class of persons by reason of'sex.. age, race, <br />color, cretxt physical handicap, or national origin in employment practices and in the activities <br />conducted pursuant to this Lease. 'L LNAN`I' shall make its accommodations and services available to <br />the public on fair and reasonable terms. <br />9. INSPECTION (PMGE9.2 S) <br />DISTRICT or its authorized representative shall have the right at all reasonable times to inspect the <br />Premises to determine if the provisions of this Lease are being complied with. <br />10. HOLD HARMLESS (PMGEIO.2 S) <br />E'NANT hereby releases and waives all claims and recourse against DISTRICT, and County of Orange <br />{"COUNTY") including the right of contribution for loss or damage of persons or property, arising from. <br />growing out of or in any way connected with or related to this Lease accept claians arising from the <br />concurrent active or sole negligence of DISTRICT and/or COUNTY. their officers. agents, employees <br />and contractors TENANT hereby agrees to indemnify, defend (with counsel approved in writing by <br />DISTRICT), and hold harmless, DISTRICT and COUN`T'Y, their elected and appointed officials, <br />officers, agents, employees surd contractors against any and all claims, losses. demands, damages, cost, <br />expenses or liability for injury to any persons or property, arising out of the operation or maintenance of <br />the property described herein, and/or TENANT'S exercise of the rights under this Lease. except for <br />liability arising out of the concurrent active or sole negligence of DISTRICT'. and/or C'01 i*N I'Y, their <br />elected and appointed officials. officers, agents, employees or contractors including the cost of defense <br />of any lawsuit arising therefrom. If DISTRICT or ("()LINTY is/are named as co-dcfendant(s) in a <br />lawsuit. TENANT shall notify DISTRICT cif such fact and shall represent INS TRICT/C01INTY in such <br />legal action unless DISTRICT/C0 I'NTY undertakes to represent itself/themselves as co-defendant(s) in <br />such legal action.: in which event, TENANT shall pay to DISTRIC17COI.IN`1'Y its,/ heir litigation costs, <br />expenses, and attorneys' fees. If judgment is entered against DISTRIC'T'/COO INTY and TE&ANT by a <br />court of'competent jurisdiction because of?the concurrent active negligence of I)TS`I'RIC"T/C'C)tN l ?' and <br />'I FNANT, DIS'TINC'T` and T£;NANT agree that liability will be apportioned as determined by the court. <br />Neither parr' shall request a jury apportionment. <br />Santa Asia 12 mT C'hanne€ (110I -R1552) <br />l l <br />17,11 Stiw'Frixigly L,:ase i 12F::V 08,13 08) <br />20C-45