RecD07 2007-178925 - Laserfiche WebLink

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agrees to and shall defend the City and its elected officials, officers, agents and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner's activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property. 10. Status of Parties. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint venturers or members of any joint enterprise. 11. California Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. 12. Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceedings may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief as ordered by the court. 13. Notice. Any notice required to be given by the terms of this Agreement shall be given in writing and delivered personally or by depositing the same with the U.S. Postal Service, first class (or equivalent) postage prepaid, addressed to the A TTY/AGR/2007.098 103007 7