75A - PH - AMEND DEV AGMT 1901 E FIRST ST

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have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Firat_A.mend,ed and Restated Deyel-opment Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this First Amended and Restated Development Agreement. Upon assignment or transfer of the rights of Owner under this Fir, Amended and Restated Development Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. Individk"Should the Project be condominium unit buyers shall not have any liability or obligation pursuant to thatthisFirst Amended an I estated Development Agreement. 4.3 Amendment or Cancellation of First Amended and Restated Development Agreement. This First Amended and Restated Development Agreement may be amended from time to time or cancelled by the mutual consent of the parties i s, but only in the same-manner as-its-adoption-byan-efdinaase as-set-forth-in qu red by Government Code Section 65868. Tbe-tefmAs used within this First Amended and Restated Development Agreement, the terms "Agreement" orand "DevelopmentO gin_a1 Agreement" as--E Sed--herein---shall include any amendment properly approved and-executed. 4.4 Enforcement. Notwithstanding Government Code Section 65865.4, this First Amended and Restated Development Agreement is enforceable by ar}y-party- to the-Agreementeither Party in any manner provided by law. The remedies provided in Section 7.4 of-this-Agreement-shall not include, and City shall not be liable for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, action or inaction, or any legal proceeding arising out of this Fimt_Araended and Restated Develornent Agreement. 4.5 Mold- Harmlesslndemnification by Owner. Owner agrees to and shall indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from liability for damages, attorneys' fees, restitution, judicial or (to the extent legally possible) equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from construction activities with respect to the Project by the Owner or their contractors, subcontractors, agents, employees, or other persons acting on their behalf. Owner further agrees to indemnify, defend (through its own counsel) and hold City, its officers, agents, employees, consultants, and representatives harmless from any Litigation, as hereinafter defined. For purposes of this paragraph, "Litigation" shall mean shall-mean-any WOX626B\423714135i4ti RY 5_ -9- 75A-65