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MILLS ACTAGREEMENT <br />313 N. Birch Street <br />Santa Ana, CA 92701 <br />C. This hold harmless provision applies to all damages and claims for damages <br />suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the <br />operations referred to in this Agreement regardless of whether or not City prepared, supplied, or <br />approved the plans, specifications or other documents for the Historic Property. <br />d. All of the agreements, rights, covenants, conditions, and restrictions contained <br />in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their <br />heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of <br />the Historic Property, whether by operation of law on in any manner whatsoever. <br />e. In the event legal proceedings are brought by any party or parties to enforce or <br />restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to <br />determine the rights and duties of any party hereunder, the prevailing party in such proceeding <br />may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and <br />other relief ordered by the court. <br />f. In the event that any of the provisions of this Agreement are held to be <br />unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive <br />legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall <br />not be effected thereby. <br />g. This Agreement shall be construed and governed in accordance with the laws of <br />the State of California, with venue in Orange County. <br />11. Recordation. <br />No later than twenty (20) days after the parties execute and enter into this Agreement, the <br />City shall cause this Agreement to be recorded in the office of the County Recorder of the <br />County of Orange. <br />12. Amendments. <br />This Agreement may be amended, in whole or in part, only by a written recorded <br />instrument executed by the parties hereto. <br />13. Effective Date <br />This Agreement shall be effective on the day and year first written above in Section 1. <br />{Signature page follows) <br />-6- <br />