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<br />negligence of Permittee, its officers, employees or agents, and the active <br /> <br />negligence of the City, its officers, agents or employees shall be apportioned <br /> <br />according to the California law on comparative negligence. <br /> <br />(c) The duty of Permittee to indemnify and hold City harmless as set forth <br /> <br />in this Permit shall include the duty to defend as set forth in Civil Code Section <br /> <br />2778. <br /> <br />13. <br /> <br />Any waiver of a breach or default under this Permit shall not <br /> <br />constitute a continuing waiver or a waiver of a subsequent breach of the same or <br /> <br />any other provisions of this Permit. <br /> <br />14. In the event that Permittee fails, neglects or refuses to comply with <br /> <br />any of the terms and conditions herein contained, City shall provide Permittee <br /> <br />within ten (10) days written notice of said violation, only then upon written notice <br /> <br />to Permittee by City, all rights of Permittee hereunder shall forthwith cease and <br /> <br />terminate. <br /> <br />15. Any notice required or permitted to be given hereunder or any notice <br /> <br />required to be given by law shall be in writing and may be given by personal <br /> <br />delivery, and in the case of mail, by first class (or equivalent), postage prepaid, <br /> <br />addressed in the case of Permittee, as follows: <br /> <br />Chief of Police <br />City of Belmont Street <br />Belmont, CA 94002 <br /> <br />Agmt-265 <br />FXS:djk <br />F: Shared/Redwood/Council <br />OS/26/99 <br /> <br />4 <br />