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6.2.D. - Page 19 City does not waive ar�y claim of default by Owner if City does not enforce or cancels this Contract. AI( other remedies at law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic properties are available #o the City to pursue in the event �hat there is a breach or default under this Con�ract. No wai�er t�y City of any breach or defauft under this Contract shal[ be deemed to be a waiver of any o#her subsequent breach thereof or default hereunder. 8. Bindinq Effect of contract. The Owner hereby subjects the Historic Property described irt Exhibit "A" her�to to the co�enants, reservatiar�s and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set �orth herein shall be deemed covenants running with the land and shall pass to aRd be binding upon the Owner's successars and assigns in title or interest to ti�e Historic Property. Each and every contract, deed or o��er instrument hereinafter executed, covering or conveying the Historic Property, or any por�ion thereof, shall canclusively be held ta t�a�e been executed, delivered and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless af whether such covenants, reservations, anci restrictions are set for�h in such con#ract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burdert of the covenants, reservations and restrictions set forth herein touch artd concern the iand in that Owner's legal interest in the Historic Property is rendered less valuable thereby. City anc# Owner hereby further declare thteir understanding ar�d intent t#�at the benefit of s�ch covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of fhe Historic Property for the bertefit of the public and Owner. 9. Bindinq On Success_o_rs_In Interest. All of the Contracts, rights, covenants, reser�ations and restrictior�s contained in this Contract shail be binding upon and shall inure to the benefit of the par�ies herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the HEStoric Property, whether by operation of law or in any manner whatsoever. 10. Hold Harmless. Owner agrees to and shall hold City and its elected ofFicials, officers, agents and employ�es harmless from liability for damage or claims for damage for personal injuries, including death, and cfaims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other persan act�ng on his behalf which relate to the use, operation and maintenance of the Historic Property. 4wner hereby agrees to and shall defend the City ar�d its elected officials, officers, agents and employees with respect ta any and all actions for damages caused by, or alleged to have been caused by, reason of Owner's acti�ities tn connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages sufFered, or alleged to have been suffered, by reason of the operations referred #o in this Contract regardless of whether or not the City prepared, supplied or approved t�e plans, specifications or other documents for the Historic Praperty. ATTYIAGR/2Q12.1 8 517 2 617 2 8 BREWSTER MILLS AGT CONTRACT REV: 11-15-12 VR Page 4 of 10