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�. z-E s� <br /> permit. In addition, the Menio Park Police Department may be subject to examination and <br /> audit by the City. The examination and audit shall be confined to the performance of the <br /> Permittee. This permit, including but not limited to, the performance of patrol members while <br /> on the Range, and the adequacies of the record keeping and supervision of the usage of the <br /> Range by the Permittee. <br /> 17. The City shall be subject to examination and audit by the State Auditor General for a period of <br /> �three (3( years after final payment under this Agreement in accordance with Government <br /> Code Section 10532. The examination and audit shall be confined to the City's performance <br /> under this permit. <br /> 18. (a) Permittee agrees to indemnify, defend, and hold the City, its Council, boards, <br /> commission, officers, agents, and employees harmless from any and all claims, loss, <br /> liability, and damages in any way arising from the intentional or negligent (whether <br /> active or passive) acts of Permittee or any of its officers, employees, or agents in the <br /> use permitted hereunder. <br /> (b) City and Permittee agree that liability for any and all claims, loss, liability, and damages <br /> in any way arising from the concurrent active or passive negligence of Permittee, its <br /> officers, employees, or agents, and the active negligence of the City, its officers, <br /> agents, or employees shall be apportioned according to the California law on <br /> comparative negligence. <br /> (c) Permittee agrees that its officers, employees, or agents shall be deemed to be and <br /> shall in fact be on duty for Permittee while using the Range pursuant to this permit. <br /> (d) The duty of the Permittee to indemnify and hold the City harmless as set forth in this <br /> permit shall include the duty to defend as set forth in Civil Code Section 2778. <br /> 19. Any waiver of a breach or default under this permit shall not constitute a continuing waiver or <br /> a waiver of a subsequent breach of the same or any other provision of this permit. <br /> 20. In the event that Permittee fails, neglects or refuses to comply with any of the terms and <br /> conditions herein contained, the City shall provide Permittee within ten (10) days written <br /> notice of said violation, only then upon written notice to Permittee by the City, al� rights of <br /> Permittee hereunder shall forthwith cease and terminate. <br /> 21. The effective period hereof shall commence as of the date this permit is accepted and shall <br /> continue thereafter until December 31, 2003, subject to Permittee's compliance with alt terms <br /> and conditions hereof or until revoked or terminated by the City or by the terms hereof, or <br /> terminated by Permittee pursuant to paragraph 10. <br /> 22. Any notice required or permitted to be given hereunder or any notice required to be given by <br /> law shall be in writing and be given by personal delivery, and in the case of mail, by first class <br /> (or equivalent), postage prepaid, addressed in the case of Permittee as follows: <br /> Agmt-310 <br /> FXS:djk 3 <br /> F:/Shared/Redwood/Council <br /> I 0/ I 2/00 <br /> _.... _. __._._. __.._.. . __�__ . <br /> __. .__ _ _ . _ _ . . _ _ <br /> __ __ <br />