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12/03/20 City does not waive any claim af default by Owner if City does not enforce or cancels this Contract. All other remedies at law or in equity which are not otherwise provided for in this Con#ract or in City's regulations govern�ng historic properties are available to the City to pursue in the event that there is a breach ar default under this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 8. Bindinq Effect of contract. The Owner hereby subjects the Historic Praperty described in Exhibit "A" hereta to the covenants, reservations and restrictions as set forth in this Cantract. City and Owner hereby declare their specific intent that the cavenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Nistoric Property. Each and every confiract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject ta the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reserva#ions, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner's legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and irttent that the benefit of such covenants, reservations and restrietions touch and concern the land by enhancing and maintaining the historic characteristics and significance of fhe Historic Property far the benefit of the public and Owner. 9. Bindinq (�n Successars in interest. All of the Contracts, rights, covenants, reservations and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persans acquiring any part or portion of tha Historic Property, whether by operation of law or in any manner whatsoever. 10. Hofd HarmEess. Owner agrees ta and shal! hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims fnr 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 acting on his behalf which relate to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner's activities in 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 ta in this Contract regardless of whether or nat the City prepared, supplied or approved the plans, specifications or other documents for the Historie Property. ATTY/AGR/2012.184lFOX THEATRE MILLS ACT CONTRACT REV: 11-15-12 VR Page 4 of 10 RESO. # 15235 MUFF#612