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<br />suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or <br />due by reason of the terms of, or effects, arising from this Agreement or any approval or <br />certification by the City relating to the Project, regardless of whether or not the City prepared, <br />supplied or approved this Agreement, plans or specifications, or both, for the Project. The <br />Property Owner further agrees to indemnify, hold harmless, and pay all costs for the defense of <br />the City, including fees and costs for special counsel to be selected by the City, regarding any <br />action by a third party challenging the validity of this Agreement or any approval or certification <br />by the City relating to the Project, or asserting that damages, just compensation, restitution, <br />judicial or equitable relief is due to personal or property rights by reason of the terms of, or <br />effects arising from this Agreement. City may make all reasonable decisions with respect to its <br />representation in any 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 />If to City, to: <br /> <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 /> <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 />telefacsimile (714) 647-6515 <br />6 <br /> <br />11 A-1 0 <br />