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2. Owner agrees to reimburse the City for any extraordinary <br />costs incurred by the City, or any successor in interest of the <br />City to the sanitary sewer line located within the PSE, in <br />the event the sanitary sewer line requires maintenance, repair, <br />and/or replacement which must be done in a manner differently <br />than the manner normally used if the full ten-foot PSE would <br />have been available. <br /> <br /> 3. Owner agrees to indemnify and hold City harmless against <br />any and all claims, suits, loss, cost, or liability on account of <br />damage to property caused by or occurring in connection with <br />City's use, maintenance, repair, and/or replacement of the <br />sanitary sewer line located within the PSE, including City's <br />negligent or willful acts or omissions. <br /> <br /> 4o This agreement shall run with the land and be binding <br />upon any and all heirs, assigns, and successors in interest of <br />Owner having an interest in the Lot. <br /> <br /> 5o In the event any party to this agreement shall bring <br /> <br />an action or proceeding against the other party by reason of <br />the breach or alleged violation of any covenant, term, or <br />obligation hereof, or for the enforcement of any provision <br />hereof, or an action or proceeding otherwise arises out of <br />this agreement, the prevailing party in such an action or <br />proceeding shall be entitled to its costs and expenses of <br />suit, including, but not limited to, reasonable attorney's fees. <br /> <br />-2- <br /> <br /> <br />