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<br />TO CITY: <br /> <br />Community Development Agency M-25 <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Attn: Stephen G. Harding, Executive Director <br /> <br />TO DSABC: <br /> <br />Its agent for service of process, as specified by the California <br />Secretary of State <br /> <br />V. ASSIGNABILITY <br /> <br />DSABC shall not assign nor transfer any interest in this Agreement, whether by assignment <br />or novation, without the prior written consent of City. <br /> <br />VI. HOLD HARMLESS <br /> <br />DSABC shall indemnifY and save harmless City, its officers, employees, agents, <br />representatives and volunteers from and against any and all damages to or for loss of use of <br />property and for injuries to or death of any person or persons, including property and <br />employees or agents of City, and shall defend, indemnifY and save harmless City, its <br />officers, employees, agents, representatives and volunteers from and against any and all <br />claims, demands, suits, actions or proceedings of any kind or nature, including, but not by <br />way oflimitation, workers compensation claims and including attorney fees and reasonable <br />expenses for litigation or settlement, resulting from or arising out of the negligent or <br />wrongful acts, errors or omissions of DSABC, its officers, directors, employees, agents, <br />subcontractors and suppliers arising out ofDSABC's performance of this Agreement. <br /> <br />VII. USE OF PRIOR FUNDS <br /> <br />DSABC shall have the right to continue to use unexpended BID funds from prior years that <br />it has not expended pursuant to the terms of such prior agreements with the City for the <br />purposes set forth in paragraph II ofthis Agreement. <br /> <br />VIII. CONTINillNG OBLIGAIONS <br /> <br />DSABC's obligations and responsibilities set forth in this paragraph, and in paragraphs II <br />and IX(B) through (F) of this Agreement, shall not be affected by the termination of this <br />Agreement and shall survive the date of termination of this Agreement for such period of <br />time as City deems necessary for the responsibilities, duties and obligations to be performed <br />and completed to the satisfaction of City. <br /> <br />3 <br />