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4. If any term, covenant, condition or provision of this Agreement is held by a court of <br />competent jurisdiction to be held invalid, void or unenforceable, the remainder of the <br />provisions hereof shall remain in full force and effect and shall in no way be affected, <br />impaired or invalidated thereby. <br />5. This Agreement has been executed and delivered in the State of California and the <br />validity, enforceability and interpretation of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California. All duties and obligation <br />of the parties created hereunder are to be performed in Orange County, which shall be <br />the venue for any action or proceeding that may be brought or arise out of, in connection <br />with or by reason of this Agreement. <br />6. To the maximum extent allowed by law, the City shall indemnify, defend, reimburse, save <br />and hold harmless Developer from and against all liability, damage, loss, claims, <br />demands, actions, costs and expenses (including but not limited to attorney's fees and <br />disbursements) which arise out of or are connected with, or claimed to arise out of or be <br />connected with, the City's construction of the Improvements, including, but not limited to, <br />claims by third parties that the Improvements were constructed in such a way to result in <br />harm to person or property. <br />7. This Agreement may not be modified or amended except in writing signed by the <br />Developer and City. <br />Signatures on following page <br />1070\49\1939012.2 <br />