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contractors, Declarant shall require such contractor(s) to arrange for and maintain the same <br />insurance coverage, also naming the City as an additional insured. <br /> <br /> 12. Agreement Bindin~ on Successors in Interest. This Agreement is an instrument <br />affecting the title or possession of the real property described above. All terms, covenants, and <br />conditions herein imposed shall be binding upon and inure to the benefit of the successors in <br />interest of Declarant. <br /> <br />13. Miscellaneous. <br /> <br /> 13.1. Duration of Agreement. This Agreement is hereby declared to be <br />perpetual, shall run with the land, and shall remain in full force and effect at all times. <br /> <br /> 13.2. Amendment or Termination. This Agreement may be amended, modified, <br />or terminated in whole or in part only by written consent of Declarant and the City. No such <br />amendment, modification, or termination of this Agreement shall be effective as to the holder of <br />any then existing mortgage or deed of trust affecting the Property unless such mortgagee or <br />beneficiary consents thereto in writing. Any amendment, modification, or termination of this <br />Agreement shall become effective only upon recording the same in the Official Records of <br />Orange County, California. <br /> <br /> 13.3. Severability. In any provision of this Agreement, or the application of any <br />such provision, shall be held by a court of competent jurisdiction to be invalid, void or <br />unenfomeable to any extent, the remaining provisions of this Agreement and the application <br />thereof shall remain in full rome and effect and shall not be affected, impaired or invalidated. <br /> <br /> 13.4. Law. This Agreement shall be construed and enfomed in accordance with <br />the laws of the State of Califoruia. <br /> <br /> 13.5. Headings. Section headings have been inserted solely as a matter of <br />convenience and are not intended to define or limit the scope of any of the provisions contained <br />herein. <br /> <br /> 13.6. Waiver. No waiver of any default or breach hereunder shall be implied <br />from any omission to take action on account thereof, notwithstanding any custom and practice or <br />course of dealing. No waiver by any party of any provision under this Agreement shall be <br />effective unless in writing and signed by such party. No waiver shall be operative only for the <br />time and to the extent therein stated. A waiver of any breach or default hereunder shall not be <br />construed as a waiver of any subsequent breach or default of the same or any other provision <br />hereof. <br /> <br /> 13.7. Counterparts. This Agreement may be executed in counterparts, each of <br />which shall be deemed an or/ginal hereof. <br /> <br />[SIGNATURES ON FOLLOWING PAGES] <br /> <br />-5- ALP,350X30265~00La. GRM TX485800.3 <br /> 05/01/03 <br /> <br /> <br />