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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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