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consultant fees, and all other costs that may arise out of, or be incurred by City in the <br />defense of an Indemnified Claim. Upon such Notice, Developer shall promptly deposit <br />funds equal to the first three (3) months of the Estimated Cost with the City and shall <br />make additional deposits as and when required to fund the further costs of defending the <br />City Indemnitees for such Indemnified Claim. Failure of Developer to deposit such funds <br />shall be deemed a material breach of this Agreement. City shall refund, without interest, <br />any unused portion of the deposits once litigation is finally concluded or a dispute is <br />resolved regarding an Indemnified Claim. <br />11. Compliance with Law. Developer will, at its sole cost and expense, comply <br />with all of the requirements of all federal, state, and local laws now in force, or which may <br />hereafter be in force, pertaining to this Agreement. <br />12. Waiver of Breach. Any express or implied waiver of a breach of any term <br />of this Agreement will not constitute a waiver of any further breach of the same or any <br />other term of this Agreement. <br />13. Notices. Except as otherwise expressly provided by law, all notices or other <br />communications required or permitted by this Agreement or by law to be served on or <br />given to either party to this Agreement by the other party shall be in writing and will be <br />deemed received on: (i) the day of delivery if delivered by hand, e-mail (with confirmation <br />of receiving party) and fax (both email and fax required for notices delivered by email or <br />fax), or overnight courier service, during regular business hours; or (ii) on the third <br />business day following deposit, with postage prepaid, in the United States Postal Service <br />and addressed to the contracting parties. Name, address, telephone numbers, and e-mail <br />addresses of the Parties are as follows: <br />City: City of Santa Ana <br />Attention: Community Development Executive Director <br />20 Civic Center Plaza (M-25) <br />Santa Ana, CA 92701 <br />Telephone: (714) 647-5360 <br />Fax: (714) 647-6549 <br />E-mail: SMendoza (a)santa-ana.org <br />A Copy to: Sonia Carvalho <br />City Attorney, City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />Santa Ana, CA 92701 <br />Telephone: (714) 647-5203 <br />Fax: (714) 647-6549 <br />E-mail: SCarvalho@santa-ana.org <br />Developer: Caribou Industries <br />Attn: Mike Harrah <br />President <br />