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NOW, THEREFORE, the parties agree as follows: <br />1. Santa Ana shall reimburse Costa Mesa for 50% of Costa Mesa's <br />required local match of 10% of the PROJECT's cost not to exceed <br />$321,01 1 . <br />2. Upon completion of the PROJECT, Costa Mesa will forward to Santa <br />Ana an invoice for Santa Ana's share of the local match based on the actual <br />cost of construction, provided however, in no event shall Santa Ana's share <br />exceed $16,050.55, <br />3. Santa Ana shall indemnify, defend and save harmless Costa Mesa <br />from and against all claims, demands, losses or liability of any kind, including <br />reasonable attorney's fees in connection therewith, that are asserted against <br />Costa Mesa arising out of the negligent acts or omissions of Santa Ana in <br />performance of its obligations under the PROJECT. <br />Costa Mesa shall indemnify, defend and save harmless Santa Ana from and <br />against all claims, demands, losses or liability of any kind, including <br />reasonable attorney's fees in connection therewith, that are asserted against <br />Santa Ana arising out of the negligent acts or omissions of Costa Mesa in <br />performance of its obligations under the PROJECT. <br />K <br />