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harmless the City and its agents and employees against any and all claims, demands, <br />losses, damages, and expenses (including reasonable attorneys' fees) arising out of or <br />resulting from Declarent or Declarent's agents or employee's negligent or intentional <br />acts, or any violation of any safety law, regulation or code in the performance of this <br />Agreement, without regard to any inspection or review made or not made by the City, its <br />agents or employees or failure by the City, its agents or employees to take any other <br />prudent precautions. In the event the City, upon the failure of Declarent to comply with <br />any conditions of this Agreement, performs said conditions pursuant to its authority in <br />this Agreement, Declarent shall indemnify and hold harmless the City, its employees, <br />agents and representatives for its negligent acts in the performance of Declarent's <br />required work under this Agreement, but this indemnification shall not extend to <br />intentional or grossly negligent acts. <br />4. Reimbursement of Costs. Declarent agrees to reimburse the City for all costs incurred <br />by the City in the enforcement of this Agreement, or any portion thereof, including court <br />costs and reasonable attorney's fees. <br />5. Violation. Declarent and all subsequent owners of the Property are liable to the City for <br />performance under this Declaration, and the City may seek any remedy in law or equity <br />against Declarent as long as Declarent owns the Property and thereafter against any <br />future owner of all or any portion of the Property to enforce the Declaration. <br />6. Successors/Covenants Run with Property. The terms and conditions of this Declaration <br />shall run with the property and all duties and obligations of Declarent under this <br />Declaration shall also be duties and obligations of Declarent's successors and assigns. <br />7. Recitals. The recitals set forth above are expressly incorporated herein. <br />