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representat:ive (s) and assiyn (s) tu oLCain, c-n�uie, �ncl iund an,�
<br /> design, approval, authorization, material, supp'_ies, labor,
<br /> services, maintenance, repairs, sCructural alterations,
<br /> insurance, taxes, or assessments necessary or required te
<br /> ��revent, control or avoid damage from the adverse impacts from
<br /> soils movement within or adjacent to the Property;
<br /> 2 .2 .3 . In cons.ideration of the issuance of the Permit (s) ,
<br /> 0�•iner (s) on his/her (cheir) own behalf and on behalf of his/her
<br /> (their) heirs, st:ccessors, legal reE�resentatives, and assigns
<br /> hereby releases and o�aives any right to assert any claim or cause
<br /> of action related to any loss or damage to peo�le or property
<br /> either on or off the Property resulti.ng from soils movement b•��
<br /> reason of o�.- arising out of issuance of the Permit (s) by the Cit)'
<br /> for development on the ProE�erty and ayrees to indemnif�,
<br /> ( includinq reasonable attorney' s fees) and hold the City, i-t�
<br /> officers, etnployees and agents harmless from an�� claim (sl o�:
<br /> cause (s) of action related to �ny ].ess or damage to people or
<br /> 1_�roperty either on or off the Property resulting from soils
<br /> movement by reason of or aLising out of is�uance of the Parmit ( s1
<br /> Lor development on the Froperty; Provided, nothing herein shall
<br /> require tlle Owner (s) and his/her (their. ) heirs, successors, leg,� l
<br /> r�nrP�entatives, and assigns to iudemnify and hold harmless tl�•:
<br /> City, its officers, agenls and employees from claims or causes <' ;
<br /> .�ction caused solely by the negligence of Che Citp, its officei ,
<br /> employees and agents, and provided further, that if the claitns c�
<br /> causes of act;ioii are caused by or result from the concurreu�.
<br /> negligence ol (1 ) the Oemer (sl , his/her (their) heirs, successors,
<br /> assi.yns and agents, and (2) th� Cil'y, its officer, agc-nts and
<br /> em��loyees, the indemnity pr.ovisions �r.ovided herein shall be
<br /> :.: l � d and enforceable only to the extent provided by laa�; ind
<br /> 2 ,2 . 9 , Owners (s) and/or his/her (their) heir (s) ,
<br /> >urcessor (s) , legal representative (s) and assign (s) will infor���
<br /> hi::.;her (their) heirs, successors, legal representatives, and
<br /> r_�ssigns that the Property is in a geologically hazardous area,
<br /> Lhat there may Ue actual or potential risks asseciated with
<br /> develoE�ment thereon, of any conditions or prohibitions on
<br /> development, and of any features in this design which will
<br /> i:equire maintenance or modi.ficat: ion tu �:�_iclress anti.cipated soils
<br /> chanq�s .
<br /> Seclinn 'I'hree: Subsequait Prui�erh� O��•ners
<br /> 3 . 1 . L�y acceE�tinq t.i.tle to any or all oi the G'roperCy, ariy
<br /> :-�ul;se��uent owners of: the Property, including any heir (s) ,
<br /> =i�.,,.;,.S�;,i (�,) , legal. repr�sentative (sl and assign (s) of the Owner,
<br /> 3
<br /> , y�y
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