RES 88383 - Laserfiche WebLink

ARTICLE 6 INDEMNITY The Association shall indemnify and hold the City harmless from any loss, claims, liability or expense, including reasonable attorneys' fees and costs, for personal injury or death, or property damage, arising out of or in connection with the activities of the Association or its employees or agents in the performance of its maintenance obligations, or lack thereof, under this agreement. The City shall indemnify and hold the Association harmless from any other loss, claims, liability, or expense, including reasonable attorney's fees and costs, for personal injury or death or property damage arising out of or in connection with public improvements covered by this agreement. ARTICLE 7 FAILURE TO PERFORM OBLIGATIONS 7.1 Ordinary Maintenance. If, in the reasonable judgment of the City Engineer, the Association fails to properly maintain any landscaping, street lighting, or other public improvements as required by this agreement, the City may perform at its option, after thirty (30) days written notice to the Association, all or any portion of such maintenance. In such event, the City's performance of such maintenance shall be at the Association's sole expense and the Association, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance. The City's remedy provided in this article shall be in addition to any other rights and remedies the City may have at law or in equity. 7.2 Emergency Maintenance. If any maintenance, repair, or replacement of landscaping, street lighting, or other public improvements to be maintained by the Association under this agreement is required to correct a condition which the City Engineer deems to be a public safety or health hazard and such maintenance is not performed, or cannot be performed, by the Association immediately, the City may perform or cause to be performed such maintenance. In such event, the City's performance of such maintenance shall be at the Association's sole expense and the Association, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance.