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Tel.: (714) 434-6200
<br />Fax: (714) 210-0663
<br />Any written notice, demand or communication shall be deemed received immediately if
<br />delivered by hand and shall be deemed received on the third day from the date it is postmarked if
<br />delivered by registered or certified mail.
<br />602. Developer Indemnity. Developer shall indemnify, defend and hold harmless
<br />Agency, its officers, agents, employees and volunteers from and against any and all loss or
<br />damage, expenses, injuries, death to any person, damage to real or personal property, claim,
<br />demand, suit, action, judgment, settlement, reasonable attorney's fees, costs, or proceeding of
<br />any kind arising out of Developer's actions with respect to implementation of this Agreement,
<br />the sale of the Property by Agency to Developer, securing of financing, design development
<br />drawings, engineering, construction, reconstruction, structural integrity of the Houses to be built
<br />on the Sites, maintenance of the Sites, operation, and subsequent sale of the Houses on the Sites,
<br />including but not limited to:
<br />A. the presence, release, use, generation, discharge, storage or
<br />disposal of any 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,
<br />rule, regulation, permit, judgment or license relating to the use, generation, release, discharge,
<br />storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the
<br />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,
<br />and/or volunteers of Developer, Developer Parties, and/or any subcontractors, independent
<br />contractors, partners, and/or subsidiaries;
<br />F. property damage claims of the employees, agents, officers, and/or
<br />volunteers of Developer, Developer Parties, and/or any subcontractors, independent contractors,
<br />partners, and/or subsidiaries;
<br />G. delay in construction;
<br />H. personal injury, including death, of any third party;
<br />I. property damage claims of any third party; and
<br />J. the failure to make required real estate disclosures to subsequent
<br />buyers of homes on the Sites.
<br />36 EXHIBIT 4
<br />8OA-51
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