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<br />MILLS ACT AGREEMENT <br />1923 North Greenleaf Street <br />Santa Ana, CA 92706 <br /> <br />10. General Provisions. <br /> <br />a. None of the terms, provisions, or conditions of this Agreement shall be deemed <br />to create a partnership between the parties hereto and any of their heirs, successors. or assigns, <br />nor shall such terms. provisions or conditions cause them to be considered joint ventures or <br />members of any joint enterprise. <br /> <br />b. The Owner agrees to and shall indemnify and hold the City and its elected and <br />appointed officials. officers~ agents, and employees harmless from liability for damage or claims <br />for damage for personal injuries, including death, and claims for property damage which may <br />arise from the direct or indirect use or operations of the Owner or those of his or her contractor. <br />subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the <br />use. operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall <br />defend the City and its elected and appointed officials, officers, agents, and employees with <br />respect to any and all actions for damages caused by, or alleged to have been caused by, reason <br />of the Owner's activities in connection with the Historic Property. <br /> <br />c. This hold harmless provision applies to all damages and claims for daIllages <br />suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the <br />operations referred to in this Agreement regardless of whether or not the City prepared. supplied, <br />or approved the plans, specifications or other documents for the Historic Property. <br /> <br />d. All of the Agreements, rights, covenants. reservations, and restrictions <br />contained in this Agreement shall be binding upon and shall inure to the benefit of the parties <br />herein. their heirs, successors, legal representatives, assigns. and all persons acquiring any part or <br />portion of the Historic Property, whether by operation of law on in any manner whatsoever. <br /> <br />e. In the event legal proceedings are brought by any party or parties to enforce or <br />restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to <br />determine the rights and duties of any party hereunder, the prevailing party in such proceeding <br />may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and <br />other relief ordered by the court. <br /> <br />f. In the event that any of the provISIons of this Agreement are held to be <br />unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive <br />legislation, the validity and enforceability of the remaining provisions, or portions thereof. shall <br />not be effected thereby. <br /> <br />g. This Agreement shall be construed and govemed in accordance with the laws of <br />the State ofCalifomia. <br /> <br />-6- <br />