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be necessary to complete such work. The City may retain, as its election its own <br />contractors, or the Developer's contractors, or other third party maintenance company <br />to complete the work. Any costs incurred by the City for maintenance of the Developer <br />Maintenance Area or the Developer Maintained improvements shall be solely borne by <br />the Developer. The City shall provide an invoice for the maintenance cost incurred by <br />the City to Developer. Developer shall remit payment to the City within thirty (3) days <br />from receipt of the invoice. The Parties agree that any maintenance undertaken by the <br />City under this section shall not terminate the maintenance obligation of Developer. <br />6. Indemnification. Developer hereby covenants and agrees to indemnify, defend, and <br />hold City, its officers, agents, and employees harmless from and against any and all <br />claims, damages (including damage to property and injury to persons), demands, losses, <br />obligations, judgments, liabilities, costs and expenses (including, without limitation, <br />attorneys' and other fees) arising from or in any way connected with or related to any of <br />the following: (i) any claim lawsuit, arbitration, administrative proceeding or other legal <br />action concerning the operation, maintenance or construction of the Developer <br />Maintenance Area and the Developer Maintained Improvements by Developer and/or <br />its agents and, (ii), any breach by Developer of any of its obligations under this <br />Agreement. <br />7. Assignment, Developer shall have the right, upon written notification to the City, to <br />assign all of its rights and obligations set forth in this Agreement to the Association <br />defined in the Declaration of Covenants, Conditions and Restrictions for the Marke <br />Development. Developer hereby covenants and warrants for itself and its successors <br />and assigns, that, except as otherwise provided for herein, conveyance of any interest in <br />the Developer Property to the Association shall constitute an assumption by any <br />successors, assigns or transferees of Developer, of the obligation under this Agreement. <br />Upon recording the Declaration for Developer Property, the Association shall have all <br />rights and obligations of Developer set forth in this Agreement, and Developer shall <br />thereafter have no further rights, liabilities or obligations under the Agreement and shall <br />be released from all such liability hereunder. <br />The notice shall contain, but is not limited to, the Association's name, telephone <br />number, address, effective date and a recorded copy of this agreement. <br />8. Successors and Assigns. This Agreement shall run with the land and shall be binding <br />upon and shall insure to the benefit of the heirs, executors, administrators, successors <br />and assigns of the Developer and the City. The covenants, conditions and restrictions set <br />forth in this Agreement shall constitute equitable servitudes which shall run with the <br />land. <br />9. Affected and Benefited Land. The land ("Affected Land") affected by the covenants <br />contained in this Agreement is the Developer Property and the ROW. The land <br />("Benefited Land") benefited by the covenants contained in this Agreement is the <br />Developer Property and the ROW. <br />10. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other <br />communications given pursuant to the terms of this Agreement shall be in writing and