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B. Each of the parties hereto may pursue any remedy at law or equity available for <br />the breach of any provision of this Agreement, except that City shall not be liable <br />in monetary damages, unless expressly provided for in this Agreement, to <br />Owner, or to any other person, and Owner covenants not to sue City for <br />damages or claim any damages: <br />1) For any breach of this Agreement or for any cause of action which arises out <br />of this Agreement; or <br />2) Arising out of or connected with any dispute, controversy or issue regarding <br />the application or interpretation or effect of the provisions of this Agreement. <br />15. Attornev's Fees and Costs <br />In any action or proceeding between City and Owner brought to interpret or enforce this <br />Agreement, or which in any way arises out of the existence of this Agreement or is based upon <br />any term or provision contained herein, the "prevailing party" in such action or proceeding shall <br />be entitled to recover from the non -prevailing party, in addition to all other relief to which the <br />prevailing party may be entitled pursuant to this Agreement, the prevailing party's reasonable <br />attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing <br />party shall be determined by the court in accordance with California Code of Civil Procedure <br />Section 1032. Fees and costs recoverable pursuant to this Section 15 include those incurred <br />during any appeal from an underlying judgment and in the enforcement of any judgment <br />rendered in any such action or proceeding. <br />16. Notice. <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br />the manner provided in this section, to the following persons: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714-647-6956 <br />With courtesy copies to: <br />Executive Director— Planning and Building Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-20) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714-973-1461 <br />75E-3-10 <br />