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5.3 Termination of Association's Obligations. If the <br />District is established as provided in this article, the <br />Association's obligations under this agreement with respect to <br />any maintenance obligations to be undertaken by the District <br />shall terminate as if the first day of the first fiscal year for <br />which assessments are first levied by the District. <br />ARTICLE 6 <br />INDEMNITY <br />The Association shall indemnify and hold the City <br />harmless 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 />ARTICLE 7 <br />FAILURE TO PERFORM OBLIGATIONS <br />7.1 Ordinary Maintenance. If, in the reasonable <br />judgment of the City Engineer, the Association fails to properly <br />maintain any landscaping, street lighting, or other public <br />improvements as required by this agreement, the City may perform <br />at is option, after thirty (30) days written notice to the <br />Association, all or any portion of such maintenance. In such <br />event, the City's performance of such maintenance shall be a the <br />Association's sole expense and the Association, upon demand by <br />the City, shall pay to the City all reasonable expenses incurred <br />by the City in the performance of such maintenance. The City's <br />remedy provided in this article shall be in addition to any other <br />rights and remedies the City may have at law or in equity. <br />7.2 Emergency Maintenance. If any maintenance, <br />repair, or replacement of landscaping, street lighting, or other <br />public improvements to be maintained by the Association under <br />this agreement is required to correct a condition which the City <br />Engineer deems to be a public safety or health hazard and such <br />maintenance is not performed, or cannot be performed, by the <br />Association immediately, the City may perform or cause to be <br />performed such maintenance. In such event, the City's <br />performance of such maintenance shall be at the Association's <br />sole expense and the Association, upon demand by the City, shall <br />pay to the City all reasonable expenses incurred by the City in <br />the performance of such maintenance. <br />7 <br />