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<br />liability arising out of the concurrent active or sole negligence of COUNTY, its officers, agents, or
<br />employees, including the cost of defense of any lawsuit arising therefrom.
<br />In the event COUNTY is named as co defendant, LICENSEE shall notify COUNTY of such fact and shall
<br />represent COUNTY in such legal action, with counsel acceptable to COUNTY, unless COUNTY undertakes
<br />to represent itself as co defendant in such legal action, in which event LICENSEE shall pay to COUNTY its
<br />litigation costs, expenses, and attorney's fees. In the event judgment is entered against COUNTY and
<br />LICENSEE because of the concurrent active negligence of COUNTY and LICENSEE, their officers, agents,
<br />or employees, an apportionment of liability to pay such judgment shall be made by a court of competent
<br />I urisdiction. Neither party shall request ajury apportionment.
<br />S. TAXES AND ASSESSMENTS (AMLC-GC9 S)
<br />Although not anticipated, should this License create a possessory interest which is subject to the payment of
<br />taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not
<br />limited to said possessory interest tax) which become due and payable in connection with this License or
<br />upon fixtures, equipment, or other property used in connection with this License, shall be the full
<br />responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly.
<br />9. PARTIAL INVALIDITY (AMLC-GC10 S)
<br />If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to
<br />be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect
<br />and shall in no way be affected, impaired, or invalidated thereby.
<br />10. WAIVER OF RIGHTS (AMLC-GC11 S)
<br />The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of
<br />this License shall not be deemed a waiver of any right or remedy that COUNTY may have, and shall not be
<br />deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the
<br />License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or
<br />condition of the License. Any waiver, in order to be effective, must be signed by the party whose right or
<br />remedy is being waived.
<br />11. CONDITION OF LICENSE AREA UPON TERMINATION (AMLC-GC12 S)
<br />Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall redeliver
<br />possession of said Facility to COUNTY in substantially the same condition that existed immediately prior to
<br />LICENSEE's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted.
<br />12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (AMLC-GC13 S)
<br />If LICENSEE abandons the Facility or is dispossessed thereof by process of taw or otherwise, title to any
<br />personal property belonging to LICENSEE and left on the Facility ten (10) days after such event shall be
<br />deemed, at COUNTY's option, to have been transferred to COUNTY. COUNTY shall have the right to
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