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ARTICLE 7 <br />INDEMNITY <br /> <br />The <br /> <br />from any loss, claims, liability <br />reasonable attorney's fees and costs, <br />death, or property damage, arising <br /> <br />Association shall indemnify and hold the City <br /> or expense, <br /> <br /> for personal <br /> out of or in <br /> <br />harmless <br /> <br />including <br />injury or <br />connection with the activities of the Association or its <br />employees or agents in the performance of its maintenance <br />obligations, or lack thereof, under this agreement. The <br />City shall indemnify and hold the Association harmless from <br />any other loss, claims, liability, or expense, including <br />reasonable attorney's fees and costs, for personal injury or <br />death or property damage arising out of or in connection <br />with public improvements covered by this agreement. <br /> <br /> ARTICLE 8 <br /> <br /> FAILURE TO PERFORM OBLIGATIONS <br /> <br /> 8.1 Ordinary Maintenance. If, in the reasonable <br />judgment of the City Engineer, the Association fails to <br />properly maintain any landscaping, street lighting, or other <br />public improvements as required by this agreement, the City <br />may perform at its option, after thirty (30) days written <br />notice to the Association, all or any portion of such <br /> <br />maintenance. In such event, the City's performance of such <br />maintenance shall be at the Association's sole expense and <br />the Association, upon demand by the City, shall pay to the <br />City all reasonable expenses incurred by the City in the <br /> <br />-14- <br /> <br /> <br />