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235 <br /> <br />challenging the validity of this Agreement or any approval or certification by the City relating to <br />the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is <br />due to personal or property rights by reason of the terms of, or effects arising from this <br />Agreement. City may make all reasonable decisions with respect to its representation in any <br />legal proceeding. <br /> <br /> 4.7 Binding Effect of Agreement. To the extent not otherwise provided in <br />Section 4.3 of this Agreement, the burdens of the Agreement bind, and the benefits of the <br />Agreement inure, to the parties' successors in interest. <br /> <br /> 4.8 Relationship of the Parties. The contractual relationship between City <br />and Owner arising out of the Agreement is one of independent contractor and not agency. This <br />Agreement does not create any third party beneficiary rights. <br /> <br /> 4.9 Notices. Any notice, tender, demand, delivery, or other communication <br />pursuant to this Agreement shall be in writing and shall be deemed to be properly given if <br />delivered in person or mailed by first class or certified mail, postage prepaid, or sent by <br />telefacsimile or other telegraphic communication in the manner provided in this Section, to the <br />following persons: <br /> <br />Ifto City, to: <br /> <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza M-30 <br />P.O. Box 1988 <br />Santa Aha, California 92702 <br />facsimile (714) 647-6956 <br /> <br />and, <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza M-29 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />facsimile (714) 647-6515 <br /> <br />IftoOwner, to: <br /> <br />Bentall Development Company <br />1551 North Tustin Avenue, Suite 845 tt <br />Santa Ana, California 92705 .- ',,-,~i~lk'~ <br />Attent on Kit Royer ,~s~. , <br />Facsimile (714) 550-7703 /.,'('"~ ~/'/~// <br /> <br />5 <br /> <br /> <br />