CARIBOU INDUSTRIES - HOLD HARMLESS

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A. WORK TO BE DONE: In order for the project to proceed., Owners will be required to submit the Alternate Materials and Methods application for the plumbing system at the Property. The required plumbing permits must be issued before commencement of any work. B. HOLD FIARMLESS: By signing this Hold Harmless Agreement, Caribou. Industries, Inc. and Eastcom Corp. (`Owners") commit to comply with the following: 1. Any and all fees submitted to the City for building permits or other required certificates or licenses necessary to proceed with the project at the subject Property will not be refunded based upon the use of the SOVENT system or as a result of the project not receiving approval from City agencies or City Council, 2. Owners agree to all provisions outlined in the approval letter (not yet issued) for the use of Alternate Materials and Methods required by the Plumbing Code (See Exhibit B). 3. Owners shall assume any and. all risks and liabilities relating to or resulting from the installation, replacement, operation and maintenance of the SOVENT system. 4. If City determines that there is a violation of applicable federal, state, or local laws or other requirements, or the terns and conditions of this Agreement, it may issue a cease and desist order. In such evert, Owners shall stop all work or operations immediately until any and all issues are addressed and corrected. If Owners dispute the City's determination, Owners agree to cease any and all work or operations until said issues can be resolved among the parties or upon a determination in a court of law upon tite filing of the appropriate application for judicial order. S. Owners shall defend, indemnify and hold. City, its officials, officers, employees, and agents free and harmless from any and all liability from loss or damage in any manner arising out of or incident to any acts, omissions, negligent or willful misconduct of Owners, their officers, employees, or agents arising out of or in connection with Owner's maintenance or construction of the work, or the operation of a business, or its performance under this Agreement. Further, Owners shall defend at their own expense, including attorneys' fees, City, its officials, officers, employees, and agents in any legal action based upon such acts, omissions or willful misconduct of Owners, resulting from or arising out of the installation, operation and maintenance of the SOVENT system. 6. Prior to issuance of a plumbing permit, this Hold Harmless Agreement shall be recorded with the County of Orange against the Property in perpetuity for the life of the building and shall be transferred to fixture owners in the event of change in ownership of the Property.