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! 7.C. - Page 23 ATTACHMENT4 Contract. No wai�er by City of any breach or default under this Contract shal! be deemed to be a wai�er of any other subsequent br�ach thereof or default hereunder. 8. Bindinq Effect of cantract. The Owner hereby subjects the Historic Property described in Exh�bit "A" hereto ta fhe couenants, reservations and restrictions as set forth in this Cantract. Cfty and Owner hereby declare their specific int�nt that the covenants, reser�ations and restric#ions as s�t forth herein shall be deemed covenants running with the land and shall pass to and be bind�ng upon fihe Own�r's successors and assigns in title or interest to the Historic Property. Each and every c�ontract, deed or other instrument hereinafter executed, cavering or canveying the Historic Property, or any porkion thereof, shall conclusiv�ely be held to ha�e been �executed, delivered and accepted subject #o the covenants, reservations, and restrictions ex�ressed in this Contract regardless ofi whether such covenants, reservations, and restrictior�s are set farth in such contract, deed or other instrument. Gity an� Owner hereby declare their und�rstanding and intent that the burden of the covenants, reservations and restrictions set forth herein tou�h and concern the land in that Owner's fega� interest in the Histaric Property is rend�red less �aluable thereby. City and Owner hereby further declare their understanding an� intent that the benefit af such cavenants, reservatians and resfrictions touch and concern the land by enhancing and maintaining the histaric characteristics and significar�ce of the Historic Property for the benefifi of the public and Owner. 9. Bindinc�On Successo�s I,n interest. All ot the Contracts, rigi�ts, covenants, reservations and restric#ions contained in this Can�ract shall be binding upon and shall ir�ure to the benefit of the parties herein, their heirs, successars, legal representatives, assigns and al! persons acquiring any part ar portion of the Histaric Property, whether by aperation of law or in any manner whatsa��r. 1 �. Hold Harmless. Owner agrees to ancf shall hold City and its elected offcials, offic�rs, agents ar�d employees harmless from liability for �amage ar claims far damage for �ersonal injuries, including death, and claims for property damage which may arise from the direct or indirec# use ar operat�ons of Owner or those of F�is cantractor, subcontractor, agent, employee or otFaer persan acting on his behalf which relate to the use, operation anc� maintenance of the Historic Property. Owner her�by agrees to and shall def�nd the City and its elected officials, officers, agents and employees with respect to any and afl actions for damages caused by, or all�ged ta have been caused by, reasnn ofi Owner's activities in connection with th� Historic Property. This hold harmEess pravision applies to ail damages and claims for damages sufFered, or alleged to hav� been suffered, by reason of the operations referred to in this Cor�tract ragardless of whether ar not the City prepared, suppfied or approved the pians, specificafiians or a�her documerrts for the Histaric Prope�ty. � 1. Status of Parties. None of the terms, provisions or conditions of this Con#ract shall be deemed to create a partnership between th+� parties hereto and any of their heirs, successors or assigns, nar shall such terms, provisions or conditi�ns cause them to be cansidered jaint vent�rers or members af any joint enterprise. ATTYlAGR12D1'E.13011842 WHIPPLE �/IVLLS ACT CONTRACT Page 4 of 9 REV: 12106I11