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<br /> 14. Waiver. Failure to insist upon compliance with any of the terms and conditions of this
<br /> Agreement shall not constitute a general waiver or relinquishment of any such terms or
<br /> conditions, but the same shall remain at all times in full force and effect.
<br /> 15. Force Majeure. In the event that TABLE or the COUNTY shall be delayed, hindered
<br /> in or prevented from the performance of any act required hereunder by reason of strikes,
<br /> lock-outs, labor troubles, inability to procure materials, failure of power, governmental
<br /> laws or regulations, riots, insurrection, the act, failure to act or default of the other party,
<br /> war or other reason beyond their control, the period for the performance of any such act
<br /> shall be extended for a period not to exceed the period of such delay.
<br /> 16. Indemnification. TABLE shall indemnify and hold the COUNTY harmless from and
<br /> against all claims, actions, damages, liability and expense in connection with loss of life,
<br /> bodily injury, personal injury and damage to property occurring in or about, or arising out
<br /> of, the Property occasioned wholly or in part by any act or omission of TABLE, its agents,
<br /> contractors, customers, invitees or employees. If the COUNTY shall be made a party to
<br /> any litigation commenced by or against TABLE,its agents,contractors,customers,invitees
<br /> or employees by reason of the TABLE's actions,TABLE shall protect,indemnify and hold
<br /> the COUNTY harmless and pay all damages, costs, expenses and reasonable attorneys'
<br /> fees incurred or paid by the COUNTY in connection with such litigation. In the event any
<br /> such litigation is initiated, the COUNTY shall promptly notify TABLE in writing and the
<br /> COUNTY shall cooperate fully in the defense of such lawsuit and permit TABLE or its
<br /> insurance carrier to participate in the defense of such claim or lawsuit.
<br /> 17. Insurance. TABLE shall provide evidence of insurance sufficient to satisfy its
<br /> indemnification obligations made herein, including, without limitation, commercial
<br /> general liability insurance, automobile liability insurance if applicable, workers'
<br /> compensation insurance if required by law, products insurance and property insurance.
<br /> Proof of adequate insurance will be a pre-condition for the COUNTY's execution of this
<br /> Agreement, and will be subject to approval in the COUNTY's sole discretion. Continuous
<br /> insurance coverage is an ongoing condition of this Agreement. TABLE shall list the
<br /> COUNTY as an additional insured under its policy and such policy will waive subrogation
<br /> rights.
<br /> 18. Disclaimer of Liability. The Property is being provided to TABLE on an"as is"basis.
<br /> The COUNTY makes no warranties or representations or covenants regarding the Property
<br /> or the Equipment. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
<br /> ORANGE COUNTY BE LIABLE IN TORT, CONTRACT OR OTHERWISE FOR ANY
<br /> DAMAGES IN ANY FORM, WHETHER DIRECT, INDIRECT, INCIDENTAL,
<br /> CONSEQUENTIAL OR SPECIAL, ARISING OUT OF THIS AGREEMENT OR
<br /> OTHERWISE IN CONNECTION WITH TABLE's USE OF THE PROPERTY OR
<br /> DESIGNATED SPACE,EVEN IF ORANGE COUNTY HAS BEEN ADVISED OF THE
<br /> POSSIBILITY OF SUCH DAMAGES.
<br /> 19. Relationship of the Parties. It is understood by the COUNTY and TABLE that this
<br /> Agreement constitutes a license agreement and not a lease and that the relationship of the
<br /> parties hereto in respect of the Property and the Equipment is that of licensor and licensee
<br /> and not that of landlord and tenant.
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