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<br />against any and all loss, damage, injury, liability, claim, cost or expense (including, without <br />limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from <br />or attributable to the activities of Grain Project or any of its employees, agents, consultants or <br />contractors upon the Property pursuant to this Agreement. All use of and entry upon the <br />Property shall be at the sole cost, risk and expense of Grain Project. Grain Project recognizes and <br />understands that should this Agreement be deemed by the County of Orange to create a possessory <br />interest subject to property taxation, that Grain Project shall be subject to the payment of property <br />taxes levied on such interest, and that it shall defend, indemnifY and hold the City of Santa Ana <br />and its officers, officials, members, employees, agents and representatives, harmless from and <br />against any and all such claims. <br /> <br />4. License Payment. Grain Project shall pay to City a license fee of $ 1.00, receipt <br />of which is hereby acknowledged. <br /> <br />5. Miscellaneous. <br /> <br />(a) Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws ofthe State of California. <br /> <br />(b) Remedies. Either party shall, in addition to all other rights provided <br />herein or as may be provided by law, be entitled to the remedies of specific performance and <br />injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary <br />in this Agreement. All rights and remedies under this Agreement are cumulative and no one of <br />them shall be exclusive of any other, and each party shall have the right to pursue anyone or all <br />of such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br /> <br />(c) Connterparts. This Agreement may be executed in two (2) or more <br />counterparts, each of which shall be deemed an original but all of which together shall constitute <br />one and the same instrument. <br /> <br />(d) Non-Liability ofPnblic Officials. No officer, employee, member, agent <br />or representative of the City shall be personally liable to Grain Project, or any successor in <br />interest, in the event of any default or breach by the City, or for any amount which may become <br />due to Grain Project or its successor, or for any breach of any obligation of the terms of this <br />Agreement. <br /> <br />(e) <br />set forth above.n <br />Effective Date. This Agreement shall become effective on the date first <br /> <br />4 <br />