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representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost <br />or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court <br />costs, and expenses) arising from or attributable to the activities of Advanced Management <br />Company or any of its employees, agents, consultants or contractors upon the North and West <br />property line of 2627 West McFadden Avenue, Santa Ana, CA 92704 pursuant to this <br />Agreement. All use of and entry upon the North and West property line of 2627 West McFadden <br />Avenue, Santa Ana, CA 92704 shall be at the sole cost, risk and expense of the Advanced <br />Management Company. <br /> <br />4. Miscellaneous. <br /> <br /> (a) Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws of the State of California, <br /> <br /> (b) Remedies. Either party shall, in addition to all other rights provided <br />herein or as may be provided by law, be entitled to the remedies of specific performance and <br />injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary <br />in this Agreement. All rights and remedies under this Agreement are cumulative and no one of <br />them shall be exclusive of any other, and each party shall have the fight to pursue any one or all <br />of such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br /> <br /> (c) Counterparts. This Agreement may be executed in two (2) or more <br />counterparts, each of which shall be deemed an original but all of which together shall constitute <br />one and the same instrument. <br /> <br /> (d) Non-Liability of Public Officials. No officer, employee, member, agent or <br />representative of the City shall be personally liable to Advanced Management Company, or any <br />successor in interest, in the event of any default or breach by the City, or for any amount which <br />may become due to Advanced Management Company or its successor, or for any breach of any <br />obligation of the terms of this Agreement. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have entered into this Agreement <br />as of the date first set forth above. <br /> <br />P-ATRICIA E. HEALY <br />Clerk of the Council <br /> <br />DA~ID-N. REAM <br />City Manager <br /> <br /> <br />