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<br />SEP-11-2000 16:28 <br /> <br />FOSTER CITY POLICE DEPT. <br /> <br />650 349 0790 <br /> <br />P.04 <br /> <br />(b) City and Permittee agree that liability for any and all claims, loss, <br /> <br />liability, and damages in any way arising from the concurrent active or passive <br /> <br />negligence of Permitte~, 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. 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 />.'" ',I ,"~ , "."'. <br /> <br />.. <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 />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 g¡"v'en by personal <br /> <br />delivery, and in the case of'mail. by first class (or equivalent), postage pre~.-",. ',c'; <br /> <br />, . <br /> <br />addressed in the case of Permittee, as follows: <br /> <br />.. ..... . <br /> <br />. oJ"-. <br /> <br />Agmt-266 <br />FXS:djk <br />F 0 ShanildlRedwoodlCouncil <br />05126199 <br /> <br />4 <br />