AgdaPkt 2011-09-12 - Laserfiche WebLink

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6. 1. F. - Page 78 proceeding in connection with this Declaration or any rights or obligations arising out of or deriving from this Declaration, the Association shall indemnify, defend (with counsel acceptable to City in its sole discretion) and hold City harmless therefrom and reimburse City for all associated costs incurred or payable by City, including City's actual attorneys' and consultant fees and staff time (including overhead allocations); provided, however, that such indemnification obligations shall not apply to any loss, damage, or expense arising out of the sole or active negligence or willful misconduct of City. Failure by City to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 11.18 Compliance with Laws In connection with their respective obligations under this Declaration and /or as owners of interests in the Development, the Property or portions thereof, each Owner, the Declarant, and the Association shall comply with all applicable laws, ordinances, statutes, rules, and regulations of any local, county, state or federal body or other agency /ies with authority whether or not said laws are expressly stated herein (including those imposed by the City or any other public agency /ies as conditions of approval for development of the Development, the Property, or any portion thereof whether via the Development Agreement, City's General Plan, the Peninsula Park Precise Plan, applicable provisions of the Mitigation Monitoring and Reporting Program (MMRP) approved in association with the Addendum to the 2003 Environmental Impact Report for the Marina Shores Village Project (State Clearinghouse #2002022076), permits, resolutions, ordinances, minute orders, agreements, or other valid methods) (collectively, "Laws "). [balance of page intentionally left blank] [signatures on following page] 68 CCRS -One Marina. docx