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cannot be performed, by the Association within twenty-four 24) hours of <br /> receipt of such notice thereof, which notice may be sent by facsimile, the City <br /> may perform or cause to be performed such maintenance at the Association's <br /> expense, and the Association, upon demand by the City, shall pay to the City <br /> all reasonable expenses incurred by the City in the performance of such <br /> maintenance. <br /> 5. Indemnity. The Association shall indemnify, defend, and hold harmless <br /> the City, its employees. Council, commissions, and agents from any loss, <br /> claims, liability, or expenses, including reasonable attorney's fees and costs, <br /> for personal injury or death, or property damage, arising out of or in <br /> connection with the activities of the Association or its employees or agents in <br /> the performance of its maintenance obligations, or lack thereof, under this <br /> Agreement. <br /> 6. Duration. This Agreement shall run with the land for the duration of the <br /> Laguna Oaks Planned Unit Development and shall be binding upon the <br /> transferees, successors, and assigns of the parties hereto. Amendments may <br /> occur by written consent of both parties. <br /> 7. Venue. The venue for any action to interpret or enforce this Agreement <br /> shall be the appropriate court in Alameda County, California. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement as <br /> of the date first hereinabove written. <br /> LAGUNA OAKS PLEASANTON <br /> OWNERS ASSOCIATION <br /> By: <br /> Its Au •rize. gent <br /> By: -arc _r <br /> Its Authorized Agent <br /> CITY OF PLEASANTON <br /> By: Deborah A. Acosta <br /> City Manager <br /> ATTEST: <br /> O� <br /> Pegg dro, C if Clerk <br /> 3 <br />