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have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Ejrst Amended arLd._ tL�eyelopsnent Agreement. if the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this Eifsk Amen d and_Rs #iDVelopment Agreement. Upon assignment or transfer of the rights of Owner under this First Amended and Rostated Dev o M Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. Individual ho th P[gigR be condominium unit buyers shall not have any liability or obligation pursuant to thatthl._Eirst Amen j3statr d_..fv tt Agreement. 4,3 Amendment or Cancellation of Firs# Amended and Rastated pgy "pmont Agreement. This First Amended and Restate -d Dire plopme 7 Agreement may be amended from time to time or cancelled by the mutual consent of the parflas s, but only in the same- manner as-its deptien -byan Fdfnance --as- set- forth+nC_gqMkk y Government Code Section 65868. The—term As used withir_]_th_s_Ftrst Amended and "DevelepmaRfT W, Agreement" armed— herein- -shall include any amendment properly approved and- executed. 4,4 Enforcement. Notwithstanding Government Code Section 65865.4, this First Ampnded_�.estated___# Agreement is enforceable by arty party 10 -tbe Afire me0al her-P-a-rW in any manner provided by law. The remedies provided in Section 7.4 of- this - Agreement -shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this vEj.r- t_.Am- ende..d._ lid Restated peveloptna[nt Agreement. 4.5 k{eid– Harmlassslndemnification by Owner. Owner agrees to and shall indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from liability for damages, attorneys' fees, restitution, judicial or (to the extent legally possible) equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from construction activities with respect to the Project by the Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf. Owner further agrees to indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from any Litigation, as hereinafter defined. For purposes of this paragraph, "Litigation" shall mean shalhmean_any us�azt�4aav +ss�asarzva _9_ 75A -65