Laserfiche WebLink
MILLS ACT AGREEMENT <br /> 1809 North Heliotrope Drive <br /> Santa Ana, CA 92706 <br /> 10. General Provisions. <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 /> 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 dama a for rsonal in'uries includin death and claims for r e w ' <br /> o rt dama loch ma <br /> g 1~ J ~ g ~ p Pe Y g Y <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' activities in connection with the Historic Property. <br /> c. This hold harmless rovision a lies to all dams s an <br /> p pp ge d claims for damages <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 /> 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 /> 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 /> 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 /> g. This Agreement shall be construed and governed in accordance with the laws of <br /> <br /> the State of Califonva. <br /> -6- <br /> 25B=~8 <br /> <br />