BENTALL/WESTIMSTER 1A-2000 - Laserfiche WebLink

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. . challenging the validity ofthis Agreement or any approval or certification by the City relating to the Project, or asserting that damages, just compensation, restitution, judicial or equitable relief is due to personal or property rights by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 4.7 Binding Effect of Agreement. To the extent not otherwise provided in Section 4.3 of this Agreement, the burdens ofthe Agreement bind, and the benefits of the Agreement inure, to the parties' successors in interest. 4.8 Relationship of the Parties. The contractual relationship between City and Owner arising out of the Agreement is one of independent contractor and not agency. This Agreement does not create any third party beneficiary rights. 4.9 Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: Ifto City, to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6956 and, City Attorney City of Santa Ana 20 Civic Center Plaza M-29 P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 If to Owner, to: Bentall Development Company 1551 North Tustin Avenue, Suite 845 Santa Ana, California 92705 Attention: Kit Royer Facsimile (714) 550-7703 ,~. .... ',(l 'J ()J-/ 5