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applies to all claims for damages, just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason of the events referred to in this paragraph or <br />by reason of the terms of, or effects, arising from this Agreement. The Owner further agrees to <br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs <br />to the extent there is no conflict of interest, Owner should be allowed to use the legal counsel <br />which is also representing Owner for special counsel to be selected by the City, regarding any <br />action by a third party challenging the validity of this Agreement, or asserting that personal <br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or <br />property rights arises by reason of the terms of, or effects arising from this Agreement. City may <br />make all reasonable decisions with respect to its representation in any legal proceeding. Owner's <br />obligations under this paragraph shall survive the termination of this Agreement. <br />10. Compliance with Laws. <br />a. Except as set forth expressly herein, the Owner shall carry out the <br />design and construction of the Project in conformity with all applicable laws, including all <br />applicable state labor standards, the City zoning and development standards, building, plumbing, <br />mechanical and electrical codes, and all other provisions of the City of Santa Ana Municipal <br />Code, and all applicable disabled and handicapped access requirements, including without <br />limitation the Americans With Disabilities Act. 42 U.S.C. section 12101, et seq., Government <br />Code section 4450, et seq. <br />b. During the time of Owner's ownership of the Property, the Owner <br />shall maintain the Property and all improvements thereon, including all landscaping, in <br />compliance with the terms of all applicable provisions of the City of Santa Ana Municipal Code. <br />Each homeowner shall be responsible for maintenance of their own property after transfer of <br />title. <br />11. Successors and Assigns. This Agreement shall be binding upon and shall <br />inure to the benefit of Owner and Santa Ana and their respective successors and assigns. <br />12. Governing Law. This Agreement has been entered into, is to be <br />performed entirely within, and shall be governed by and construed in accordance with the laws <br />of the State of California. <br />13. Further Assurances. Each party hereto covenants and agrees to perform <br />all acts and things, and to prepare, execute, and deliver such written agreements, documents, and <br />instruments as may be reasonably necessary to carry out the terms and provisions of this <br />Agreement. <br />14. No Third Parties Benefited. This Agreement is made for the purposes of <br />setting forth rights and obligations of Owner and Santa Ana, and no other person shall have any <br />rights hereunder or by reason hereof. <br />8 <br />32A-35