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6.2.D. - Page 8 City do�s not waive any claim of c�efault by Owner if City does not enforce or cancels this Con�ract. All other rernedies at law or in equity w#�ich are not atherwise provided fior in this Contract or in City's reguiations governing his�oric proper�ies are available to �he City to pursue in the event that there is a breach or default under this Contract. No waiver by City of any breach ar default under this Contract shall be deemed to be a wai�er of any o�her subsequent breach #her�of or default hereunder. 8. Binclinc� Effect of contract. The �wner hereby subjects the Historic Praperty described in Exhibit "A" hereto to the co�enants, reservations and restrictions as set forth in this Cantract. City and Owner hereby declare their specific infient tt�at the covenants, reservatior�s and restrictions as set forth herein shall �e deemed covenants running wit�t the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, cavering or conveying the Historic Property, or any portion thereof, shall conclusi�ely be held to have been executed, defivered and accepted subject to the covenants, rese�vations, and restrictions expressed in this Contract regardless of wt�ether such covenants, reservations, and restrict�ons are set forth in such contract, deed or other instrument. City and Owner hereby declare their understartding and intent that the burde� of the covenants, reservations and restrictions se� forth herein touch and concern the land in tF�at Owner's legal interest in the H�storic Property is rendered Iess valuable thereby. City and Owner hereby fur�her declare their understanding and intent tha� the benefit of such co�enants, reservations and restrictions touch and concern the land by enhancing and maintaining the histaric characteristics and significance of the Historic Property fior tF�e benefit of the publ�c and Owner. 9. Bindinq On Successors In interest. All of tf�e Contracts, rights, covenants, reservations and restrictior�s contained in this Contract shall be binding upon and shafl inure to the benefif of the parties herein, their heirs, successars, legal representati�es, assigns a�d all persons acquir�ng any part or portion of the Historic Property, whether by operation of law ar in any manner whatsoever. 1Q. Ho�d Harmless. 4wner agre�s to and s#�al� hold City and its elected officials, officers, agenfs and employees harmless frorn liability for damage or claims for damage for personal injuries, including death, and cfaims for property cfamage which may arise from the direct ar indirect use flr operations of Owner ar those of his contractor, subcontractor, agent, employee or ot�er person acting on his behalf which relate to the use, operation and maintenance af the Historic Property. Owner hereby agrees to ar�d shall defend the City and its elected afficials, officers, agents and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owr�er's acti�ities in conn�ction with the H�storic 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 to in this Contract regardless of wh�ther or not the City prepared, s�pplied or appravad the plans, specifications or other documents for the Historic Property. ATTYIAGR12012.184IFOX THEATRE MILLS AC7 CONTRACT REV: 11-15-12 VR Page 4 of 1U