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<br />(regardless of type) in connection with the settlement (including attorneys' fees <br />and cost). <br /> <br />(i) If City determines to settle over Owner's objections, then Owner may <br />upon thirty (30) days written notice terminate defense of the action. <br /> <br />(ii) If City rejects a settlement offer that Owner deems reasonable, then <br />Owner may upon thirty (30) days written notice terminate defense of the <br />action. <br /> <br />(5) Owner shall be allowed to terminate its defense if it determines to abandon <br />defense of its project application; provided, however, that in such circumstance <br />Owner shall be solely liable for award, if any, of costs or attorneys' fees to <br />plaintiff/petitioner incurred prior to the effective date of termination. <br /> <br />4.6 Binding Effect of Agreement. To the extent not otherwise provided in <br />Section 4.2 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 />4.7 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 />4.8 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-3l <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 /> <br />- 6 - <br />