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MILLS ACT AGREEMENT
<br />932 North French Street
<br />Srrrita Arrrr, CA 92701
<br />10. General Provisions.
<br />a. None of the terms, provisions, or conditions of this Agreement shall be deemed
<br />to create a paz-tnership between the parties hereto and any of their heirs, successors, or assigns,
<br />nor shall such terms, provisions or conditions cause them to be considez'ed joint ventures ar
<br />member's 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 fiam liability for damage or claims
<br />far damage for personal injuries, including death, and claims for property damage tivhich may
<br />arise $•om the direct or indirect rise or• operations of the Owner or those of his or' her contractor,
<br />subcontractor, agenda, employee, or other person acting on his ar 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's activities in connection with the Historic Property.
<br />c. This hold harmless provision applies to all damages and claims for damages
<br />suffered, oz• alleged to have been suffered, and costs of defense inctzrz•ed, by reason of the
<br />aper'ations referred to in this Agreement regardless of whether ar 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 ar
<br />portion of the Historic Property, whether by operation of law an in any manner whatsoever.
<br />e. In rite event legal proceedings az•e brought by any paz•ty or parties to enforce or
<br />z'estrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
<br />determine the z•ights and duties of any party hereunder, the prevailing party in such proceeding
<br />may recover all reasonable attor'ney's fees to be fixed by rho court, in addition to cotu•t costs and
<br />other z'elief ordered by the court.
<br />£ 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 constzued and govezned in accordance with the laws of
<br />the State of California.
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