Brust Development Co LLC 11/12/2019

10. The City shall defend, indemnify, and hold harmless the Owner and its successors and assigns from and against any and all claims, demands, losses, liabilities, damages, actions, proceedings, expenses and costs (including reasonable attorneys' fees) caused by or resulting from the City's or its employees, agents,representatives, contractors, and licensees use of the easement granted herein, or resulting from the City's breach of this this agreement; provided, however,that the Owner shall not be indemnified to the extent that any claims, demands, losses, liabilities, damages, actions, proceedings, expenses and costs are suffered or incurred by the Owner as a result of the Owner's own negligence or willful misconduct. 11. If any mechanic's or materialmen's lien or claim of lien is filed against the Property or any portion thereof for work or materials done or furnished to the City in connection with the work contemplated herein,the City shall discharge the lien or claim within thirty (30) days, solely at the City's expense, by paying off or bonding over the lien or lien claim. If the City fails to discharge such lien or lien claim within the 30 day period, the Owner or its successor may pay the amount claimed, whether or not a valid lien exists, and shall be entitled to collect from the City on demand that amount and all other costs including attorneys' fees reasonably incurred by the Owner or its successor to discharge such lien. 12. The City shall not perform any construction work on the Property (in excess of construction staging or storage) without first obtaining the Owner's prior written approval, which approval shall not be unreasonably withheld, conditioned, or delayed. In obtaining such approval, the City shall furnish the Owner with all reasonable plans and specifications detailing the work to be performed. In the event the Owner has not responded to the City's request within five (5) business days after the City has furnished 3 of 7