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<br />4IÞ <br /> <br />4IÞ <br /> <br />8 <br /> <br />MILLS ACTAGREEMENT <br />920 North Towner Street <br />Santa Ana, CA 92706 <br /> <br />c. This hold harmless provision applies to all damages and claims for damages suffered, <br />or 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 /> <br />d. All of the Agreements, rights, covenants, reservations, and restrictions contained in <br />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 oflaw on in any manner whatsoever. <br /> <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 /> <br />f. In the event that any of the provisions of this Agreement are held to be unenforceable <br />or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the <br />validity and enforceability of the remaining provisions, or portions thereof, shall not be effected <br />thereby. <br /> <br />g. This Agreement shall be construed and governed in accordance with the laws of the <br />State of California. <br /> <br />11. <br /> <br />Recordation. <br /> <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 /> <br />12. <br /> <br />Notice of the Contract to Office of Historic Preservation. <br /> <br />No later than six (6) months of entering into the contract, the owner or agent of an owner <br />shall provide written notice ofthis Agreement to the Office of Historic Preservation. <br /> <br />13. <br /> <br />Amendments. <br /> <br />This Agreement may be amended, in whole or in part, only by a written recorded <br />instrument executed by the parties hereto. <br /> <br />- 6- <br />25A-15 <br />