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In no event shall any Party be liable to any other party in damages for termination <br />of this agreement. In no event shall the Foundation or the Red Cross be liable to each <br />other for any lost profits, consequential, exemplary, incidental, punitive or any other <br />types of damages, including without limitation damages for personal injury, death, costs <br />of delay, failure of delivery, cost of lost activities, regardless of whether the Foundation <br />and/or the Red Cross have been advised of the possibility of such damages. The Red <br />Cross shall be responsible for damage to equipment; but only to the extent damage is <br />caused due to the negligence of the Red Cross. <br />11 . INDEPENDENT CONTRACTOR <br />It is understood and agreed that Licensee, in the performance of this Agreement, will <br />be acting in a wholly independent capacity and not as agent, employee, partner, or joint <br />venture of the Licensor. <br />12. METHOD OF COOPERATION <br />The Red Cross, in cooperation with the City and the Foundation, will develop and <br />produce in writing a handbook for policies and procedures for the operation of the radio <br />relay station and communication system. All parties hereto agree to abide by the policies <br />and the procedures contained in said handbook. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date <br />and year set forth below. <br />IT IS SO AGREED: <br />ORANGE COi_J?N"TY CHAPTER, RED CROSS <br />(Name) ? ? 5?4,.?..,r VI ?ad...t <br />Dated: f ? ?' ??? <br />CITY OF SA AN <br />By: ' _? <br />(Name) <br />Dated: I f /? ? /r <br />ATTEST. <br />MARIA D. HUIZAR <br />CLERK OF THE COUNCIL <br />Page 4 of 5