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foreclosure, and any lender acquiring the Property, or any portion thereof, as a result of foreclosure
<br />or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of
<br />Developer under this Agreement; provided, however, in no event shall such lender be liable for any
<br />defaults or monetary obligations of Developer arising prior to acquisition of title to the Property by
<br />such lender, and provided further, in no event shall any such lender or its successors or assigned be
<br />entitled to a building permit or occupancy certificate until all fees due under this Agreement
<br />(relating to the portion of the Property acquired by such lender) have been paid to City.
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<br /> 18. Agreement Runs with the Land. Contingent on Developer acquiring fee ownership
<br />of the Property, all of the provisions, rights, terms, covenants, and obligations contained in this
<br />Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective heirs,
<br />successors and assignees, representatives, lessees, and all other persons acquiring the Property, or
<br />any portion thereof, or any interest therein, whether by operation of law or in any manner
<br />whatsoever. Contingent on Developer acquiring fee ownership of the Property, all of the provisions
<br />of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants
<br />running with the land. Contingent on Developer acquiring fee ownership of the Property, each
<br />covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any
<br />owned property, (a) is for the benefit of such properties and is a burden upon such properties,
<br />(b) runs with such properties, and (c) is binding upon each Party and each successive owner during
<br />its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon
<br />each Party and its property hereunder and each other person succeeding to an interest in such
<br />properties.
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<br /> 19. Indemnification. Developer agrees to indemnify and hold harmless City, and its
<br />elected and appointed councils, boards, commissions, officers, agents, employees, and
<br />representatives from any and all claims, costs and liability for any personal injury or property
<br />damage which may arise directly or indirectly as a result of any actions or negligent omissions by
<br />the Developer, or any actions or negligent omissions of Developer's contractors, subcontractors,
<br />agents, or employees in connection with the construction, improvement, operation, or maintenance
<br />of the Project; provided, however, the provisions of this Paragraph shall not apply to the extent the
<br />City or its elected and appointed councils, boards, commissions, officers, agents, employees, or
<br />representatives, are found to have been negligent or to have committed willful misconduct.
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<br /> 20. Insurance.
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<br /> 20.1 Public Liability and Property Damage Insurance. During the term of this
<br />Agreement, Developer shall maintain in effect a policy of comprehensive general liability insurance
<br />with a per-occurrence combined single limit of not less than One Million Dollars ($1,000,000) per
<br />claim. The policy so maintained by Developer shall name the City as an additional insured and
<br />shall include either a severability of interest clause or cross-liability endorsement.
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<br /> 20.2 Workers Compensation Insurance. During the term of this Agreement,
<br />Developer shall maintain Workers Compensation insurance for all persons employed by Developer
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