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:HILLS ACT AGREEME,VT <br />824.Vw•th Gaayleld Street <br />Sa@ta Ana. CA 92701 <br />C. This hold harmless provision applies to all damages and claims fur thmatges <br />suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the <br />opera(ions referred to in this Agreement regardless ol'whelher or not Ci(y prepared, supplied, or <br />approved the plans, specifications or other docrunents for the Historic Property- <br />d. All of the agreements, rights, covenains, conditions, and restrictions contained <br />in this Agreement shall be binding upon and shall more to the benefit of the parties herein, their <br />heirs, successors, legal representatives, aoduns, and all persons acquirinu any part or portion of <br />the Hiltoli( Property, whether by Operation of law on in any manner whatsoever. <br />C. 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 ol'any party hereunder, the prevailing party in such proceeding <br />may recover all reasonable attorney's fees w be fixed by the court, in addition to court costs and <br />other relief ordered by the court. <br />f- Tn the event that any of the provisions of this Agreement are held to he <br />unenforceable or invalid by any court of competent jurisdiction, or by subscqucttt preemptive <br />legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall <br />not be effected thercbv. <br />9. 1 his Agreement shall be construed and governed in accordance with the laws of <br />the State of Cxlilimria, with venue in Orange County- <br />11. Recordation. <br />No later than twenty (20) days after the parties execute and enter into this Agreement, the <br />City shall cause this Agreement to be recorded in the olTrec of the County Recorder of the. <br />County of Orange. <br />12. Amendments. <br />This Agreement may be amended, in whole or in part, only by a written recorded <br />instvment executed by the parties hereto. <br />1-1. Effective Date. <br />This Agreement shall be effective on the clay and year first written above in Section 1. <br />{Signature page Ibllows} <br />City Council 12 — 65 5/18/2021 <br />