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the party all reasonable expenses incurred by the party in the performance of such obligation. c. In the event HBPOA delivers written notice to the complaining party and the non - complaining parties stating that HBPOA does not agree with the alleged violation of Section 1.1 above or Section 1.2 above, the parties shall submit the matter to Alameda County Alternative Dispute Resolution. d. Excepting the situation and remedy set forth in subsection (c) above, Valencia and Archstone shall be entitled to all remedies available in law or in equity in the event HBPOA fails to maintain the Greenbelt consistent with this Section 1.3 or acquire and replace the required capital improvements consistent with this Section 1.3, provided the conditions set forth above have been met. e. Notwithstanding anything to the contrary set forth herein, no Party shall have the right to any of the foregoing remedies in the event HBPOA is restricted or prohibited by law from maintaining the Greenbelt or acquiring and installing the required capital improvements. 2. Use of the Greenbelt. The Parties acknowledge that the Greenbelt is subject to certain public access rights which provide public use of among other things, the EBRPD Trail, a fourteen -foot wide improved pathway within the Greenbelt (the " EBRPD Trail "). The residents of Hacienda and the owners, tenants, and employees within Hacienda have the right to use the Greenbelt, including without limitation the EBRPD Trail. 3. City's Indemnification. As a material inducement for the Parties' entering into this Agreement, the City hereby agrees to continue to indemnify, defend and hold HBPOA, the Non - member Affiliates, and their employees, invitees, agents, contractors, successors and assigns harmless from any liabilities, losses, claims, demands, actions and causes of action, including, but not limited to, attorneys' fees and costs, for any personal injury, death or property damage arising out of or connected with the use of the Greenbelt or presence in the Greenbelt by any person other than an owner or tenant of the Non -member Affiliates, or Future Non - member Affiliates, or invitees of an owner or tenant of such a home or invitees of a Non - member Affiliate or Future Non - member Affiliate, or business tenants of HBPOA, their employees, and their family members and invitees, irrespective of the cause thereof, except tor the sole negligence or wilful misconduct of the party being so indemnified. 4. Binding Effect on Successors and Assigns. 4.1 Covenants Running with the Land. All the provisions of this Agreement shall constitute covenants running with the land pursuant to applicable law, including, but not limited to, Section 1468 of the California Civil Code. It is expressly agreed that each covenant to do or refrain from doing some act on any