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i <br /> In the event that either Party is named as co-defendant,the named Party shall notify the other Parry <br /> of such fact upon written notice consistent with Section 7. Donor shall represent County, with <br /> counsel approved by County, in such legal action where County is named as co-defendant unless <br /> County elects and undertakes to represent itself as co-defendant in such legal action, in which event <br /> Donor shall pay County's litigation costs, expenses and attorneys' fees. In the event judgment is <br /> entered against County and Donor because of the concurrent negligence of County and Donor,their <br /> 'officers, agents,'or employees, an apportionment of liability to pay such judgment shall be made by <br /> a court of competent jurisdiction. Neither Party shall request a jury apportionment. <br /> Notwithstanding the foregoing,the monetary limitation of the indemnification provided by <br /> County and Donor shall i.ot exceed Two Million Dollars($2,000,000)for each party. <br /> 5. In the event of a dispute between Donor and County concerning claims arisiza9 out of this <br /> Agreement, or in any action or proceeding brought to enforce or interpret any provision of this <br /> —Agreement or--where-any-provision her-eof i"�alidlyasser-ted-a"-defenseseach 1'-arty-shall-bear--its ---- <br /> own attorneys' fees and costs. <br /> 6. County shall maintain a program of self-insurance at its own expense for its liability exposures. <br /> Evidence of County's self-insurance shall be provided upon request, with Donor, its officers, <br /> agents, and employees named as an Indemnified Parry on the County's program'of self-insurance. <br /> 7. This Agreement shall continue indefinitely on a month-to-month basis,but may be terminated by <br /> either Party hereto at any time by giving thirty(30)days written notice addressed to: <br /> COUNTY DONOR <br /> Chief Probation Officer City Clerk <br /> County of Orange City of Santa Ana _ <br /> P.O.Box 10260 20 Civic Center Plaza(M-30) <br /> Santa Ana, CA 92711 P.O. Box 1988 <br /> Santa Ana, California 92702-1988 <br /> With a copy to: Fax: 714-647-6956 <br /> County Executive Office Real Estate With a copy to: <br /> 400 W. Civic Center Drive, 5a'Floor <br /> Santa Ana,CA 92701 Chief of Police <br /> Attention,: Chief Real Estate Officer City of Santa Ana <br /> 20 Civic Center Plaza(M-96) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Page 2of5 <br /> Standard Donated Space Agreement <br />