Laserfiche WebLink
the Property, in the event of any default or breach by the City, or for any amount <br />which may become due to the Developer or to its successors or assignees, or on <br />any obligations arising under this Inclusionary Housing Agreement. <br />IV. Indemnification <br />The Developer agrees to indemnify and hold the City, and their officers, <br />employees and agents, harmless from and against all damages, judgments, <br />costs, expenses and fees arising from or related to any act or omission of the <br />Developer in performing its obligations hereunder. The City agrees to indemnify <br />and hold the Developer and its officers, employees and agents, harmless from <br />and against all damages, judgments, costs expenses and fees arising from or <br />related to any act or omission of the City in performing its obligations hereunder. <br />V. No Waiver <br />Failure to insist upon strict compliance with any of the terms, covenants, <br />conditions and restrictions hereof on any one occasion shall not be deemed a <br />waiver of such term, covenant, condition or restriction. Any waiver or <br />relinquishment of rights or powers hereunder at any one time or more times shall <br />not be deemed a waiver or relinquishment of such other rights or powers at any <br />other time or times. <br />VI. Jurisdiction and Venue <br />Any legal action or proceeding concerning this Inclusionary Housing Agreement <br />shall be filed and prosecuted in the appropriate State of California court in <br />Orange County, California. Each Party hereto irrevocably consents to the <br />personal jurisdiction of that court. The City and the Developer each hereby <br />expressly waive the benefit of any provision of federal or state law or judicial <br />decision providing for the filing, removal, or change of venue to any other court or <br />jurisdiction, including without implied limitation, federal district court due to any of <br />the following: <br />Any diversity of citizenship between the City and the Developer; or <br />The fact that the City is a party to such action or proceeding; or <br />That a federal question or federal right is involved or alleged to be <br />involved. <br />Indusionary Housing Agreement Page 13 <br />City of Santa Ana November 4, 2013 <br />75D -108 <br />