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NOW THEREFORE, the City of Santa Ana and the Owner agree as follows: SEISMIC WORK TO BE DONE: Owner agrees to comply with all of the terms set forth in the Scope of Work attached hereto and incorporated herein as Exhibit B. The City will require a structural analysis and Compliance with ASCE 41-13 or a City approved Alternate Materials and Methods application. All work shall be performed with permits. 2. HOLD HARMLESS: Owner understands that this Hold Harmless Agreement against the City of Santa Ana, its employees, elected and appointed officials and consultants includes any past or present oral representations made to Owner with respect to the Property and Owner has been fully informed of the potential damages Owner may suffer if Owner chooses at its own risk and with complete knowledge of the consequences to continue to make improvements to the Property prior to completion and approval of the Report. Owner understands that the seismic studies and Report may conclude that significant improvements are necessary, including, but not limited to, wrapping or enlarging columns, adding bracing, adding a new core, and additional foundation work. These improvements, if required, are highly likely to affect the floor plan that Owner is choosing to proceed with and the improvements may need to be completely or partially removed as a result even though permits were issued for the work. Owner commits to comply with the following: A. Any and all fees submitted to the City for building permits or other required certificates or licenses necessary to proceed with the project at the subject Property will not be. refunded based upon the outcome of the Report or as a result of the project not receiving approval from City agencies or City Council. B. Owner acknowledges that the Report not yet been finalized and Owner shall assume all risks of performing any work prior to the final Report. All work shall be at Owner's sole cost and expense. C. Construction work shall begin with the City to issue building permits at Owner's risk. City has entitlement approval and approved plans for the M.E.P. (Mechanical, Electrical, Plumbing) with the exception of the seismic retrofit scope of work. Permits for M.E.P. (Mechanical, Electrical, Plumbing) have been issued and construction activities under the issued permits are underway. The Architectural permit shall be issued upon execution and recording of this Agreement by the parties. The seismic retrofit will be considered a deferred submittal and, will be a separate building permit. D. Owner shall defend, indemnify and hold City, its officials, officers, employees, and agents free and harmless from any and all liability from loss or damage in any manner