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2.2.4 City shall protect, indemnify, defend and hold Naing free and harmless
<br />from and against any and all claims, damages, liens, stop notices, liabilities, losses, costs and
<br />expenses, including reasonable attorneys' fees and court costs and expenses (all of the foregoing,
<br />collectively "Liabilities"), resulting from the Work. authorized by this License, except as to those
<br />Liabilities attributable to the negligence or willful misconduct of Naing or the mere discovery of
<br />pre-existing conditions, The indemnity provided in this paragraph shall not extend to any injury,
<br />death or property damage to the extent caused by or arising from any condition existing on the
<br />Property prior to the commencement of the Work, including, but not limited to, any preexisting
<br />environmental condition on or about the Property.
<br />2.3 This License shall expire upon completion of said. Work, and in any event, no
<br />later than, June 5, 2017, unless extended by written agreement between. parties.
<br />AUSCELAINEOUS
<br />3.1 Nothing in this License shall be interpreted as,. or otherwise be deemed to be, a
<br />transfer or conveyance of any interest in real property whatsoever between Naing and the
<br />Licensees (or any of them), except as otherwise specifically provided in writing. The parties
<br />acknowledge and agree that nothing in this License shall be interpreted as an agreement for the
<br />lease or other use of the Property by the Licensees (or any of them). Any agreement for the use of
<br />the Property for any purpose(s) other than those set forth in this License or for the conveyance of
<br />an interest in real property must be the subj ect of a separate written agreement between the parties.
<br />3.2 Neither party shall be liable for any delay in the performance of any of their
<br />respective obligations hereunder, or for any damages suffered by Naing or the indemnitees listed
<br />herein by reason of such delay, if such delay is, directly or indirectly, caused by, or in any
<br />manner arises from, fires, floods, accidents, civil unrest, acts of God, war, governmental
<br />interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or
<br />supplies, transportation delays, or any other cause or causes whether or not similar in nature to
<br />any of these hereinbefore specified beyond a party's control. Any such delay shall automatically
<br />extend the term of this .License one whole day for each day or portion thereof during which such
<br />delay shall exist.
<br />3.3 All notices or other communication provided for under this License shall be in
<br />writing, and shall be delivered personally, sent by reputable overnight mail equivalent carrier, or
<br />sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the
<br />person to receive such notice or communication at the following address and shall be effective
<br />upon the earlier of actual receipt (including by facsimile) or refusal to accept delivery:
<br />If to the City: The City of Santa Ana
<br />Gerardo Mouet
<br />Executive Director
<br />Parks, Recreation and Community Service
<br />20 Civic Center Plaza (M-75)
<br />P.O. Box 1988
<br />Santa Ana, CA 92702
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