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<br />. , <br /> <br />If to Santa Ana: <br /> <br />City of Santa Ana Parks, Recreation <br />& Community Services Agency <br />888 W. Santa Ana Blvd. Suite 200 <br />Santa Ana, CA 92702 <br /> <br />Attention: Mr. Ron Ono <br /> <br />Either Party may change such address by giving notice to the other Party as provided <br />herein. <br /> <br />Section 10. Other Terms <br /> <br />10.1. Metropolitan and Santa Ana agrees that each party shall be responsible for its own <br />actions, and the actions of its officers, employees and agents, in performing services <br />under this Agreement. Metropolitan and Santa Ana each agree to indemnify and hold the <br />other Party and its officers and agents harmless and agree to defend the other Party <br />against any claim or asserted liability arising out of its actions, either willful or negligent, <br />or the actions of its officers, employees and agents, in performing services pursuant to <br />this Agreement. Such indemnity will include any losses relating to any claim made, <br />whether or not a court action is filed, and will include attorney fees and administrative <br />and overhead costs related to or arising out of such claim or asserted liability. However, <br />Santa Ana is solely responsible for any such actions arising under the California <br />Enviromnental Quality Act (Pub.Res.Code ~21000 et seq.). <br /> <br />10.2. Any alteration or variation of the terms of this Agreement will not be valid unless made <br />in writing and signed by both Parties, and that this Agreement constitutes the entire <br />Agreement between both Parties. <br /> <br />10.3. This Agreement will inure to the benefit of and be binding upon Metropolitan, Santa Ana, <br />and their respective successors. This Agreement is not assignable by either Party in <br />whole or in part. <br /> <br />10.4. The partial or total invalidity of one or more parts of this Agreement will not affect the <br />intent or validity of this Agreement. <br /> <br />10.5 This Agreement will be deemed a contract under the laws of the State of California, and <br />for all purposes will be interpreted in accordance with such laws. Metropolitan and Santa <br />Ana hereby agree and consent to the exclusive jurisdiction of the courts of the State of <br />California, and that the venue of any action brought hereunder will be in <br />Los Angeles County, California. <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />City of Santa Ana - Santa Ana Stadium <br /> <br />-6- <br /> <br />STP Agreement No. 69877 <br />