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and all actions for damages caused by, or alleged to have been caused by, reason of the Owners' <br />activities in connection with the Property. <br />3. This hold harmless provision applies to all damages and claims for damages <br />suffered, or alleges[ to have been suffered, and costs of defense incurred, by reason of the <br />operations referred to in this Agreement regardless of whether or not the City prepared, supplied, <br />or approved the plans, specifications or other documents for the Property. <br />4. All of the Agreements, rights, covenants, reservations, and restrictions contained <br />in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their <br />heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of <br />the Property, whether by operation of law on in any manner whatsoever. <br />5. In the event legal proceedings are brought by any party or parties to enforce or <br />restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to <br />determine the rights and duties of any party hereunder, the prevailing party in such proceeding <br />may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and <br />other relief ordered by the court. <br />6. 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 />7. This Agreement shall be construed and governed in accordance with the laws of <br />the State of California, with venue in Orange County. <br />F. EFFECTIVE DATE: <br />This Agreement shall be effective on the day and year first written above. <br />(Signature page /bllows; <br />rd <br />