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12/03/2012 City does not waive any claim of default by Owner if City does not enforce or cancels this Contract. All other remedies at law or in equity which ate not otherwise provided far in this Contract or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this Contract. Na waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any ather subsequent breach thereof or default hereunder. 8. Bindina Effect of contract. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservatians and restrictions as set torth in this Contract. City and Owner hereby declare their specific intent that the covenants, 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 Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any por�ion thereofi, shal( 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, reservations, and restrictions are set for�h in such contract, deed or other ins#rument. 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 iegal interest in the Historic Property is rendered less valuable thereby. City and C?wner hereby further declare their understanding and intent that #he benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 9. Bindinq t�n Successors In Interest. Ali of the Con�racts, 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, suceessors, legal representatives, assigns and all persons acquiring any part or portion of the Historic 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 employees harmless from liability far damage or claims for damage for personal injuries, including death, and claims 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 person acting an his behalf which relate to the use, operation and mainfenance 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 al( 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 to in this Contract regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Histaric Property. ATTY/AGR/2012.185/726/728 BREWSTER MILLS ACT GONTRACT REV:11-15-12 VR Page 4 af 10 RESO. # 15236 MUFF#612