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3`~ <br />default, the nondefaulting party exercising its right to terminate this Agreement shall be entitled <br />to recover damages for breach arising from such willful default. Except with respect to losses <br />arising from personal or bodily injury, in no event shall either party be liable or responsible for <br />any consequential, indirect, incidental, punitive, or special damages (including, without <br />limitation, lost profits), whether based upon breach of contract or warranty, negligence, strict tort <br />liability or otherwise, and each party's liability for damages or losses hereunder shall be strictly <br />limited to direct damages that are actually incurred by or threatened against the other party. <br />12.4 Surrender of Premises. <br />Upon termination of this Agreement (termination shall, for all purposes in this <br />Agreement, include termination pursuant to the terms of this Section 12 and any expiration of the <br />term hereof), RFP shall surrender and vacate the Facility upon the effective date of such <br />termination. The Facility and all equipment and furnishings shall be returned to the County in <br />good repair, reasonable wear and tear excepted, to the extent funds were made available therefor <br />by the County. All reports, records, including financial records, and documents maintained by <br />1ZFP at the Facility relating to this Agreement other than materials containing RFP's Confidential <br />Information shall be immediately surrendered to the County by RFP upon termination.. <br />13. Miscellaneous. <br />1.3.1 Use of Facility at Direction of County. <br />(a) At the direction of the Contract Administrator, upon reasonable advance <br />notice and subject to any pre-existing commitments, I2FP shall provide use of the Facility or' any <br />part thereof to civic and nonprofit organizations located in the locale of the Facility at reduced <br />rates. All event-related expenses, including but not limited to ushers, ticket-takers, security and <br />other expenses incurred in coimection with the use of the Facility by such organizations, if not <br />reimbursed to the Facility operating account by the organization using the Facility, shall be <br />reimbursed by the County to the operating accounts specified in Section 5.6. Within thirty (30) <br />days of the execution of this Agreement, and thereafter yearly as part of the annual plan to be <br />provided pursuant to Section 6.2 hereof; 12FP shall supply to the County a schedule listing RFP's <br />standard charges for all regular event-related expenses, and such charges shall be the agreed <br />charges, to the extent applicable, for use of the Facility in the circumstances described in this <br />Section. <br />(b) The County shall have the right to use the Facility or any part thereof, <br />upon reasonable advance notice and subject to any pre-existing commitments, for such purposes <br />as meetings, seminars, training classes or other uses without the payment of any rental or use fee, <br />except that direct out-of-pocket expenses incurred in cormection with such uses shall be paid by <br />the County. <br />(c) Except for use of the Facility by the Central Orange Senior Center, the <br />County shall not schedule use of the Facility pursuant to subparagraphs (a) and (b) above if such <br />use will conflict with paying events booked by RFP and shall in all instances be subordinate <br />2'7 <br />