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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.
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<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.
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<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.
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<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.
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<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.
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<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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<br />Docusign Envelope ID: E79A8BDE-1CFC-4438-8134-B9F0C70B7053
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