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arising out of or incident to any acts, omissions, negligent or willful misconduct of Owner, its officers, employees, or agents arising out of or in connection with Owner's maintenance or construction of the work, or the operation of a business, or its performance under this letter, Further, Owner shall defend at its own expense, including attorneys' fees, City, its officials, officers, employees, and agents in any legal action based upon such acts, omissions or willful misconduct of Owner, excepting however, any liability arising from or attributable to gross negligence of City or its representatives. F. The foregoing hold harmless by Owner extends to any costs, expenses, liabilities and damages arising as a result of their constructing of improvements and undertaking of operations prior to resolution of the engineering report regarding the necessity of seismic retrofit of the building. G. This Hold Harmless Agreement shall be recorded with the County of Orange against the Property. The City shall record a Release or Quit Claim releasing this Hold Harmless Agreement in its entirety once all of the permits are issued, including the separate seismic permit(s). H. Certificate of Occupancy. The City shall not approve or issue a certificate of occupancy for the building for any purpose until all required plans have been approved, permitted, and work has been completed in compliance with the approved plans on file with the City as determined by the Chief Building Official. 1. City Fees. Payment of all associated City permit, development, inspection, and impact fees at the time of permit issuance. 3. TIMING: The City will agree to permit Owner to continue to make improvements to the Property at its sole cost expense and risk so long as all of the following occurs: A. Submittal of seismic plans within ninety (90) days after recording of this Hold Harmless Agreement. The design basis for the seismic plans was submitted to the City as a Seismic Retrofit Alternate Methods and Materials application and the proposed design criteria has been accepted per the letter by the Building Official incorporated herein as Exhibit C attached hereto and incorporated herein. B. Approval and issuance of a separate building permit for seismic retrofit within 180 days of this Agreement. 4. EXECUTION & RECORDING: Owner shall sign the Notarized Statement on the following page, record the entire Hold Harmless Agreement with the County Recorder's Office and return a conformed copy of the recorded Agreement to the City.