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2020-090 -Approving a Disposition and Development Agreement
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2020-090 -Approving a Disposition and Development Agreement
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Last modified
11/23/2020 8:42:01 AM
Creation date
11/23/2020 8:34:16 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2020-090
Date
11/17/2020
Destruction Year
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8.3 Survival of Indemnification and Defense Obligations. The indemnity and defense <br />obligations of Developer under this Covenant shall survive the expiration or earlier termination <br />of this Covenant, until any and all actual or prospective Claims regarding any matter subject to <br />an indemnity obligation under this Covenant are fully, finally, absolutely and completely barred <br />by applicable statutes of limitations. <br />9. Governing Law. The substantive and procedural laws of the State shall govern the <br />interpretation and enforcement of this Covenant, without application of conflicts or choice of <br />laws, statutes or principles. <br />10. Notices <br />10.1 Notices. Any and all Notices submitted by either Party to the other Party pursuant <br />to or as required by this Agreement shall be proper, if in writing and transmitted to the principal <br />office of the City or the Developer, as applicable, set forth in Section 10.2, by one or more of the <br />following methods: (i) messenger for immediate Personal delivery, (ii) a nationally recognized <br />overnight (one-night) delivery service (i.e., Federal Express, United Parcel Service, etc.) or (iii) <br />registered or certified United States Mail, postage prepaid, return receipt requested. Such <br />Notices may be sent in the same manner to such other addresses as either Party may designate <br />from time to time, by Notice. Any Notice shall be deemed to be received by the addressee, <br />regardless of whether or when any return receipt is received by the sender or the date set forth on <br />such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by <br />a nationally recognized overnight courier service (or when delivery has been attempted twice, as <br />evidenced by the written report of the courier service) or four (4) calendar days after it is <br />deposited with the United States Postal Service for delivery, as provided in this Section 10 <br />Rejection, other refusal to accept or the inability to deliver a Notice because of a changed <br />address of which no Notice was given or other action by a Person to whom Notice is sent, shall <br />be deemed receipt of the Notice. <br />10.2 Addresses. The following are the authorized addresses for the submission of <br />Notices to the Parties: <br />To the Developer: <br />Caribou Industries, Inc. <br />1103 North Broadway <br />Santa Ana, CA 92701 <br />To the City: <br />City of Santa An <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Attention: City Clerk <br />With courtesy copy to <br />City of Santa An <br />Page 4 of 7 <br />553 94.00049\3 3266069.5 <br />
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