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ARTICLE 6 <br />INDEMNITY <br />The Association shall indemnify and hold the City harmless <br />from any loss, claims, liability or expense, including reasonable <br />attorneys' fees and costs, for personal injury or death, or <br />property damage, arising out of or in connection with the <br />activities of the Association or its employees or agents in the <br />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 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 its 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 at 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 />7.2 Emeraency Maintenance. If any maintenance, repair, or <br />replacement of landscaping, street lighting, or other <br />public improvements to be maintained by the Association <br />under this agreement is required to correct a <br />condition which the City Engineer deems to be a public <br />safety or health hazard and such maintenance is not <br />performed, or cannot be performed, by the Association <br />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 <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. <br />9 <br />