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5.2 Cooperation. The City agrees that, upon receipt of an <br /> appropriate petition, it shall cooperate with <br /> Prudential, CPPP, the Association, and other land <br /> owners within Hacienda Business Park or within <br /> property included in Parcel Map No. 4390 to undertake <br /> and complete any proceedings required under <br /> California law for the establishment of the District. <br /> <br /> 5.3 Termination of Association's Obliqations. If the <br /> District is established as provided in this article, <br /> the Association's obligations under this agreement <br /> with respect to any maintenance obligations to be <br /> undertaken by the District shall terminate as if the <br /> first day of the first fiscal year for which <br /> assessments are first levied by the District. <br /> <br /> ARTICLE 6 <br /> INDEMNITY <br /> <br /> The Association shall indemnify and hold the City harmless <br />from any loss, claims, liability or expense, including <br />reasonable attorneys' fees and costs, for personal injury or <br />death, or property damage, arising out of or in connection with <br />the activities of the Association or its employees or agents in <br />the performance of its maintenance obligations, or lack thereof, <br />under this agreement. The City shall indemnify and hold the <br />Association harmless from any other loss, claims, liability, or <br />expense, including reasonable attorney's fees and costs, for <br />personal injury or death or property damage arising out of or in <br />connection with public improvements covered by this agreement. <br /> <br /> ARTICLE 7 <br /> FAILURE TO PERFORM OBLIGATIONS <br /> <br /> 7.1 Ordinary Maintenance. If, in the reasonable judgment <br /> of the City Engineer, the Association fails to properly <br /> maintain any landscaping, street lighting, or other <br /> public improvements as required by this agreement, the <br /> City may perform at is option, after thirty (30) days <br /> written notice to the Association, all or any portion <br /> of such maintenance. In such event, the City's <br /> performance of such maintenance shall be a the <br /> Association's sole expense and the Association, upon <br /> demand by the City, shall pay to the City all <br /> reasonable expenses incurred by the City in the <br /> performance of such maintenance. The City's remedy <br /> provided in this article shall be in addition to any <br /> other rights and remedies the City may have at law or <br /> in equity. <br /> <br /> 8 <br /> <br /> <br />