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Section 6.2 Indemnification. <br />A. To the full extent permitted by law, Owner shall indemnify, defend at its <br />own expense, and hold the City and its elected and appointed officials, officers, employees and <br />agents in their official capacity (collectively "Indemnitees") harmless against any and all claims, <br />suits, actions, losses, and liability of every kind, nature and description made against it and <br />expenses (including reasonable attorneys' fees) which arise out of or in connection with this <br />Agreement, including but not limited to Owner's marketing and operation of the Development, <br />except to the extent such claim arises from the grossly negligent or willful misconduct of the City <br />or Indemnitees. Each Party shall notify the other Party immediately in writing of any claim or <br />damage related to activities performed under this Agreement. The Parties shall cooperate with each <br />other in the investigation and disposition of any claim arising out of the activities under this <br />Agreement, provided that nothing shall require either Party to disclose any documents, records or <br />communications that are protected under the attorney-client privilege or attorney work product <br />privilege. <br />B. The provisions of this Section shall survive the expiration of the Term and <br />any release of part or all of the Property from the burdens of this Agreement, but only as to claims <br />arising from events occurring during the Term of this Agreement. <br />Section 6.3 Notice of Ex iration of Term. Owner must comply with all notice <br />requirements of Government Code Section 65863.10, Section 65863.11 and 65863.13, or <br />successor statutes. Owner shall also file a copy of any notices sent by Owner pursuant to this <br />Section with the City Manager. <br />Section 6.4 Covenants to Run With the Land. The City and the Owner hereby declare <br />their express intent that the covenants and restrictions set forth in this Agreement shall run with <br />the land, and shall bind all successors in title to the Project, provided, however, that on the <br />expiration of the Term of this Agreement said covenants and restrictions shall expire, unless <br />otherwise expressly stated herein. Each and every contract, deed or other instrument hereafter <br />executed covering or conveying the Project or any portion thereof shall be held conclusively to <br />have been executed, delivered and accepted subject to such covenants and restrictions, regardless <br />of whether such covenants or restrictions are set forth in such contract, deed or other instrument, <br />unless the City expressly releases such conveyed portion of the Project from the requirements of <br />this Agreement. <br />Section 6.5 Enforcement by the City. If Owner fails to perform any obligation under <br />this Agreement, and fails to cure the default within thirty (30) days after the City has notified the <br />Owner in writing of the default or, if the default cannot be cured within thirty (3 0) days, failed to <br />commence to cure within thirty (30) days and thereafter diligently pursue such cure, the City may <br />bring an action at law or in equity to compel the Owner's performance of its obligations under this <br />Agreement, and/or for damages. <br />Section 6.6 Rights of Third Parties to Enforce Covenants. Notwithstanding any other <br />provisions of law, all covenants and restrictions contained herein which implement Health and <br />Safety Code Sections 33413, or successor provisions, shall run with the land and shall be <br />ATTY/AGR/2022.389.01- HARBOR VIEW PRO]ECT DA—AFFORDABLE HOUSING COVENANT (36, 44, AND 70 RENATO COURT) <br />REV_ 03-15-23 VR <br />Page 14 of 22 <br />