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MILLS ACT AGREEMENT <br /> 1205 South Birch Street <br /> Santa Ana,CA 92707 <br /> defend the City and its elected and appointed officials,officers,agents,and employees with respect <br /> to any and all actions for damages caused by, or alleged to have been caused by, reason of the <br /> Owner's activities in connection with the Historic Property. <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 in <br /> this Agreement shall be binding upon and shall inure to the benefit of the parties herein,their heirs, <br /> successors, legal representatives, assigns, and all persons acquiring any part or portion of the <br /> 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 County <br /> 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 /> _6_ <br />