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10/1 /08
<br />given by: (1) United States Postal Service certified mail, return receipt requested; (2)
<br />reputable delivery service with a delivery receipt; (3) personal delivery with a delivery
<br />receipt; at the address of the party as set forth below, or at any other address as that party
<br />may later designate by Notice in accordance with this Section.
<br />To Agency: Redevelopment Agency of the City of Santa Ana
<br />20 Civic Center Plaza, M-25
<br />Santa Ana, California 92780
<br />Attention: Executive Director
<br />To Developer: Orange County Community Housing Corporation
<br />1833 E. 17th Street, Suite 207
<br />Santa Ana, California 92705
<br />Attention: Executive Director
<br />Any written notice, demand or communication shall be deemed received
<br />on the date shown on the delivery receipt as the date of delivery, the date delivery was
<br />refused or the date the item was returned as undeliverable.
<br />602. Developer Indemnity.
<br />Developer shall indemnify, defend and hold harmless Agency, its officers, agents,
<br />employees and volunteers from and against any and all loss or damage, expenses,
<br />injuries, death to any person, damage to real or personal property, claim, demand, suit,
<br />action, judgment, settlement, reasonable attorney's fees, costs, or proceeding of any kind
<br />arising out of this Agreement, implementation of this Agreement, the sale of the property
<br />by Agency to Developer, securing of financing, design development drawings,
<br />engineering, construction, reconstruction, structural integrity of the homes to be built on
<br />the Sites, maintenance of Sites, operation, and subsequent sale of Sites, including but not
<br />limited to:
<br />(a) the presence, release, use, generation, discharge, storage or disposal of any
<br />Hazardous Materials, on, under, in or about, or the transportation of any such
<br />hazardous materials to or from, the Sites after the closing date;
<br />(b) the violation, or alleged violation, of any statute, ordinance, order, rule,
<br />regulation, permit, judgment or license relating to the use, generation, release,
<br />discharge, storage, disposal or transportation of Hazardous Materials on, under, in
<br />or about, to or from, the Sites which occurs after the closing date;
<br />(c) latent material defects in construction;
<br />(d) any construction defect;
<br />(e) personal injury, including death, of the employees, agents, officers, and/or
<br />volunteers of Developer, Hope Builders, Taller San Jose, and/or any
<br />subcontractors, independent contractors, partners, and/or subsidiaries;
<br />(f) property damage claims of the employees, agents, officers, and/or volunteers of
<br />Developer, Hope Builders, Taller San Jose, and/or any subcontractors,
<br />independent contractors, partners, and/or subsidiaries;
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