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whereby BID funds were received by DI, or if DI reports inaccurately, or if on audit <br />there is a disallowance of certain expenditures, DI agrees to remedy the acts or <br />omissions causing the disallowance or repay City all amounts spent in violation thereof. <br />III. TERM <br />This Amended Agreement shall terminate on the earlier of December 31, 2009 or when all funds <br />have been expended, unless extended by mutual written consent of the parties. Any extension shall <br />be in writing, and may be approved by the Deputy Manager for Development Services and City <br />Attorney. <br />IV. NOTICES <br />Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage <br />prepaid, and addressed as follows: <br />TO CITY: Community Development Agency M-25 <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Attn: Deputy City Manager for Development Services <br />TO DI: Downtown, Incorporated <br />305 East 4`h Street, Suite 201 <br />Santa Ana, California 92701 <br />Attn: Robert C. Stewart <br />V. ASSIGNABILITY <br />DI shall not assign nor transfer any interest in this Amended Agreement, whether by assignment or <br />novation, without the prior written consent of City. <br />VI. HOLD HARMLESS; INSURANCE <br />DI shall indemnify and save harmless City, its officers, employees, agents, representatives and <br />volunteers from and against any and all damages to or for loss of use of property and for injuries to <br />or death of any person or persons, including property and employees or agents of City and shall <br />defend, indemnify and save harmless City, its officers, employees, agents, representatives and <br />volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind <br />or nature, including, but not by way of limitation, workers compensation claims and including <br />3 <br />