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.' . . to reporting requirements and the development, implementation and maintenance of a Nondiscrimination program. 16. Permittee shall be subject to examination and audit by authorized City employees and retained independent auditors for a period of (3) years after final payment under this Permit. In addition, the Stanford University Department of Public Safety may be subject to examination and audit by City. The examination and audit shall be confined to the performance of the Permitee. This Permit, including, but not limited to, the performance of Patrol Members while on the Range, and the adequacies of the record keeping and supervision of the usage of the Range by the Permitee. 17. City shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment under this Agreement in accordance with Government Code Section 10532. The examination and audit shall be confined to the City's performance under this Permit. 18. (a) Permittee agrees to indemnify, defend, and hold City, its Council, boards, commission, officers, agents, and employees harmless from any and all claims, loss, liability, and damages in any way arising from the intentional or negligent (whether active or passive) acts of Permittee or any of its officers, employees, or agents in the use permitted hereunder. (b) City and Permitee agree that liability for any and all claims, loss, liability, and damages in any way arising from the concurrent active or passive negligence of Permittee, its officers, employees or agents, and the active negligence of the City, its officers, agents, or employees shall be apportioned according to the California law on comparative negligence. (c) Permittee agrees that its officers, employees, or agents shall be deemed to be and shall in fact be on duty for Permittee while using the Range pursuant to this Permit. (d) The duty of the Permittee to indemnify and hold City harmless as set forth in this Permit shall include the duty to defend as set forth in Civil Code Section 2778. 19. Any waiver of a breach or default under this Permit shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provisions of this Permit. 20. In the event that Permittee fails, neglects or refuses to comply with any of the terms and conditions herein contained, City shall provide Permitee within ten (10) days written notice of said violation, only then upon written notice to Permittee by City, all rights of Permittee hereunder shall forthwith cease and terminate. 21. The effective period hereof shall commence as of the date this Permit is accepted and shall continue thereafter until December 31, 2002, subject to Permittee's compliance with all terms and conditions hereof or until revoked or terminated by City or by the terms hereof, or terminated by Permittee pursuant to paragraph 10.