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City does not waive any claim of default by Owner if City does not enforce or <br /> cancels this Contract. All other remedies at law or in equity which are not otherwise <br /> provided for in this Contract or in City's regulations governing historic properties are <br /> available to the City to pursue in the event that there is a breach or default under this <br /> Contract. No waiver by City of any breach or default under this Contract shall be <br /> deemed to be a waiver of any other subsequent breach thereof or default hereunder. <br /> 8. Binding Effect of contract. The Owner hereby subjects the Historic <br /> Property described in Exhibit "A" hereto to the covenants, reservations and restrictions <br /> as set forth in this Contract. City and Owner hereby declare their specific intent that the <br /> covenants, reservations and restrictions as set forth herein shall be deemed covenants <br /> running with the land and shall pass to and be binding upon the Owner's successors <br /> and assigns in title or interest to the Historic Property. Each and every contract, deed or <br /> other instrument hereinafter executed, covering or conveying the Historic Property, or <br /> any portion thereof, shall conclusively be held to have been executed, delivered and <br /> accepted subject to the covenants, reservations, and restrictions expressed in this <br /> Contract regardless of whether such covenants, reservations, and restrictions are set <br /> forth in such contract, deed or other instrument. <br /> City and Owner hereby declare their understanding and intent that the burden of <br /> the covenants, reservations and restrictions set forth herein touch and concern the land <br /> in that Owner's legal interest in the Historic Property is rendered less valuable thereby. <br /> City and Owner hereby further declare their understanding and intent that the benefit of <br /> such covenants, reservations and restrictions touch and concern the land by enhancing <br /> and maintaining the historic characteristics and significance of the Historic Property for <br /> the benefit of the public and Owner. <br /> 9. Binding On Successors In Interest. All of the Contracts, rights, covenants, <br /> reservations and restrictions contained in this Contract shall be binding upon and shall <br /> inure to the benefit of the parties herein, their heirs, successors, legal representatives, <br /> assigns and all persons acquiring any part or portion of the Historic Property, whether <br /> by operation of law or in any manner whatsoever. <br /> 10. Hold Harmless. Owner agrees to and shall hold City and its elected <br /> officials, officers, agents and employees harmless from liability for damage or claims for <br /> damage for personal injuries, including death, and claims for property damage which <br /> may arise from the direct or indirect use or operations of Owner or those of his <br /> contractor, subcontractor, agent, employee or other person acting on his behalf which <br /> relate to the use, operation and maintenance of the Historic Property. Owner hereby <br /> agrees to and shall defend the City and its elected officials, officers, agents and <br /> employees with respect to any and all actions for damages caused by, or alleged to <br /> have been caused by, reason of Owner's activities in connection with the Historic <br /> Property. This hold harmless provision applies to all damages and claims for damages <br /> suffered, or alleged to have been suffered, by reason of the operations referred to in this <br /> Contract regardless of whether or not the City prepared, supplied or approved the plans, <br /> specifications or other documents for the Historic Property. <br /> ATTY/AGR/2012.184/FOX THEATRE MILLS ACT CONTRACT <br /> REV: 11-15-12 VR <br /> Page 4 of 10 <br />