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C. Portions of the Building encroach into the public right- <br />of-way adjacent to the Building, said encroachments being located <br />beneath portions of the sidewalk located in said public right-of- <br />way (the "encroachment"). <br />D. The Community Redevelopment Agency of the City of Santa <br />Ana ("Agency") proposes to reconstruct the , sidewalk adjacent to the <br />Building. <br />WHEREFORE, in consideration of mutual and respective <br />promises and covenants, and subject to the terms and conditions <br />hereinafter set forth, the parties hereto do hereby agree as <br />follows: <br />1. City covenants to not cause or require the removal of the <br />encroachment as a condition to reconstruction of the sidewalk <br />adjacent to the Building. <br />2. Owner covenants by and for itself and its successors and <br />assigns, and all persons claiming under and through them, that it <br />shall indemnify, save harmless and defend the City, the Agency, and <br />their officers, agents and employees from and against any and all <br />claims or liabilities (including, but not limited to, claims or <br />liabilities asserted by Owner) for damage to or loss of real or <br />personal property arising out of the reconstruction of the sidewalk <br />adjacent to the Building and the condition of the sidewalk and all <br />appurtenances thereto (including, but not limited to street lights, <br />street trees, curb, and gutter) after such reconstruction, to the <br />E <br />