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K008-974 <br />07.31.85 <br />realestl-724 <br /> <br /> 6.3 Bernal's Obliqations Upon Formation of District. If a <br /> district(s) is established as provided in this section, <br /> Bernal's obligations with respect to those maintenance <br /> obligations undertaken by the district(s) shall terminate as of <br /> the first day the district may undertake maintenance. In the <br /> event the district(s) is terminated or otherwise is unable to <br /> continue maintenance, Bernal, or pursuant to Section 9, the <br /> property owners' association shall again be so obligated. <br /> <br /> Section 7. PERMISSION TO ENTER <br /> <br /> 7.1 City Grant to Bernal. The City hereby grants to <br /> Bernal and its agents, employees, and contractors permission to <br /> enter upon any real property within the areas described in <br /> Sections 1 through 4 owned by the City, or for which the City <br /> has been granted a public service easement or landscape <br /> easement, for the purposes of performing any maintenance <br /> required by this agreement, provided, however, that any <br /> maintenance necessitating possible temporary obstruction of any <br /> roadways shall be done only after Bernal, or its agents, <br /> employees, or contractors has first obtained an encroachment <br /> permit from the City, which City shall issue without charge. <br /> <br /> 7.2 Bernal Grant to City. In the event the City performs <br /> maintenance pursuant to Sections 10, 4.4, or any other section <br /> of this agreement, Bernal hereby grants to the City, its <br /> agents, employees, and contractors, permission to enter any <br /> private property for the purposes of performing any maintenance <br /> required by this agreement. <br /> <br /> Section 8. INDEMNITY <br /> <br /> Bernal shall defend, indemnify and hold the City <br /> harmless from any loss, claims, liability or expense, including <br /> reasonable attorney's fees and costs, for personal injury or <br /> death or property damage arising out of or in connection with <br /> the activities of Bernal, its agents, employees or contractors, <br /> or a property owners' association delegated maintenance <br /> responsibilities pursuant to Section 9 herein, in the <br /> performance of its maintenance obligations, or lack thereof, <br /> under this agreement. The City shall indemnify and hold <br /> Bernal, any property owners' association delegated maintenance <br /> responsibilities pursuant to Section 9 herein, and Bernal's <br /> successors in interest harmless from any loss, claims, <br /> liability, or expense, including reasonable attorneys' fees and <br /> costs, for personal injury or death or property damage arising <br /> out of the activities under Sections 4.4, 10, or any other <br /> section of this agreement of the City, its agents, other than <br /> Bernalo or its employees or contractors. <br /> <br /> -7- <br /> <br /> <br />