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which relates to the use, operation, and maintenance of the historic property. The <br />Owners hereby agrees to and shall defend the City and its elected and appointed officials, <br />officers, agents, and employees with respect to any and all actions for damages caused <br />by, or alleged to have been caused by, reason of the Owners' activities in connection with <br />the Historic Property <br />C. This hold harmless provision applies to all damages and claims for damages suffered, or <br />alleged to have been suffered, and costs of defense incurred, by reason of the operations <br />referred to in this Agreement regardless of whether or not the City prepared, supplied, or <br />approved the plans, specifications or other documents for the Historic Property. <br />D. All of the Agreements, rights, covenants, reservations, and restrictions contained in this <br />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 <br />portion of the historic property, whether by operation of law on in any manner <br />whatsoever. <br />E. In the event legal proceedings are brought by any party or parties to enforce or restrain a <br />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 <br />proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition <br />to court costs and other relief ordered by the court. <br />F. In the event that any of the provisions of this Agreement are held to be unenforceable or <br />invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, <br />the validity and enforceability of the remaining provisions, or portions thereof, shall not <br />be effected thereby. <br />G. This Agreement shall be construed and governed in accordance with the laws of the State <br />of California. <br />Section 11. Recordation. <br />No later than twenty (20) days after the parties execute and enter into this Agreement, the City <br />shall cause this Agreement to be recorded in the office of the County Recorder of the County of <br />Orange. <br />Section 12. Amendments. <br />This Agreement may be amended, in whole or in part, only by a written recorded instrument <br />executed by the parties hereto. <br />Section 13. Signatures <br />-6- <br />