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certification by the City relating to the Project. This hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have <br />been suffered, by reason of the events referred to in this paragraph or due by reason of the terms <br />of, or effects, arising from this Agreement or any approval or certification by the City relating to <br />the Project, regardless of whether or not the City prepared, supplied or approved this Agreement, <br />plans or specifications, or both, for the Project. The Property Owner further agrees to indemnify, <br />hold harmless, and pay all costs for the defense of the City, including fees and costs for special <br />counsel to be selected by the City, regarding any action by a third party challenging the validity of <br />this Agreement or any approval or certification by the City relating to the Project, or asserting <br />that damages, just compensation, restitution, judicial or equitable relief is due to personal or <br />property rights by reason of the terms of, or effects arising from this Agreement. City may make <br />all reasonable decisions with respect to its representation in any legal proceeding. <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 />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 />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 />telefacsirnile or other telegraphic communication in the manner provided in this Section, to the <br />following persons: <br />Tf to City, to: <br />City Manager <br />City of Santa Ana <br />20 Civic Center Plaza M-31 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6954 <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 />telefacsimile (714) 647-6515 <br />5 183 <br />