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<br />17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />permit. In addition, the Menlo 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 /> <br />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 /> <br />(a) <br /> <br />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 /> <br />(b) <br /> <br />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 /> <br />(c) <br /> <br />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 /> <br />(d) <br /> <br />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 /> <br />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 /> <br />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, all rights of <br />Permittee hereunder shall forthwith cease and terminate. <br /> <br />21. <br /> <br />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 all 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 /> <br />22. <br /> <br />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 /> <br />Agmt-410 <br />FXS:djk <br />F : /s hared/Redwood/Counc i I <br />10/12/00 <br /> <br />3 <br />