2709 Walters Point Easement, Pence Lane Addition

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5. INDEMNIFICATION. This Agreement imposes no liability of any kind whatsoever on the City. The Declarant hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Declarant or the Declarant's agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Declarant to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Declarant shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Declarant's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 6. RECORDING, BINDING EFFECT. This Agreement is a personal obligation of Declarant for so long as Declarant owns fee title to the Subject Property and shall be binding upon the executors, administrators, successors, heirs and assigns of Declarant with respect to Declarant's obligations and liabilities under this Agreement that relate to the period of its ownership. This Agreement shall be recorded against the title to the Subject Property and shall run with the land and be binding upon each owner of fee title to the Subject Property with respect to the period of its ownership. Upon the conveyance of fee title to the Subject Property, the transferor will have no further obligations or liabilities under this Agreement that relate to any time after the conveyance, and the new owner will, by accepting title to the Subject Property, become bound by this Agreement with respect to all obligations and liabilities of the "Declarant" that relate to any time after the conveyance, for as long as the new owner owns fee title to the Subject Property. Both the Declarant and a subsequent property owner are liable to the MCWD and the City for performance under this Declaration, and the MCWD and/or the City may seek any remedy in law or equity against the Declarant as long as the declarant owns the Property, and thereafter against a subsequent property owner to enforce this Declaration. [the remainer of this page is left intentionally blank]