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harmless agreement applies to all claims for damages, just compensation, restitution, judicial or <br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in <br />this paragraph or by reason of the teens of, or effects, arising from this Agreement. The <br />Developer further agrees to indenuiify, hold harmless, and pay all costs for the defense of the <br />City, including fees and costs to the extent there is no conflict of interest, Developer should be <br />allowed to use the legal counsel which is also representing Developer for special counsel to be <br />selected by the City, regarding any action by a third party challenging the validity of this <br />Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or <br />equitable relief due to personal or property rights arises by reason of the terms of, or effects <br />arising from this Agreement. City may make all reasonable decisions with respect to its <br />representation in any legal proceeding. Developer's obligations under this paragraph shall <br />survive the termination of this Agreement. <br />9. Compliance with Laws. <br />a. Except as set forth expressly herein, the Developer shall carry out <br />the 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, etseq., Government <br />Code section 4450, et sect. <br />b. During the time of Developer's ownership of the Property, the <br />Developer shall maintain the Property and all improvements thereon, including all landscaping, <br />in compliance with the terms of all applicable provisions of the City of Santa Ana Municipal <br />Code. Each homeowner shall be responsible for maintenance of their own property after transfer <br />of title. <br />10. Successors and Assigns. This Agreement shall be binding upon and shall <br />inure to the benefit of Developer and the City of Santa Ana and their respective successors and <br />assigns. <br />11. 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 />12. 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 />13. No Third Parties Benefited. This Agreement is made for the purposes of <br />setting forth rights and obligations of Developer and the City of Santa Ana, and no other person <br />shall have any rights hereunder or by reason hereof. <br />32A -35 <br />