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(Suh�equent Owners) shall acc��p�_ and ratify Che Agreement
<br /> reyardless of whether such party �•�as a siynacvr•y to that
<br /> Agreement .
<br /> 3 .2 . Ciy the terms of that Agreement, Subsequent Owner (s) andiur
<br /> his/her (their) heir (sl , successor (s) , legal representative (sl ,
<br /> and assign (s) shall :
<br /> 3 .2 . 1 . Frovide, design, construct, erect, maintain, re[�air,
<br /> rebuild, or improve such structure (s) , building (s; , barriers (s) ,
<br /> or �',•relling (s) as is reasonably necessary to prevent, control or
<br /> a�oid damage from the adverse impacts from soils movement �aithin
<br /> or adjacent to L-he Property, whether caused by Owner (s) , his/her
<br /> (their) heir (s) , successor (s) , legal representative (s) , and
<br /> assign (s) , or otherwise, for the continued use and enjoyment oi
<br /> the Property;
<br /> 3 .2 .2 . Assume *.he sole burden and responsiUility to obtain,
<br /> f:und and ensiire any design, approval , authorization, material ,
<br /> supplies, labor, services, maintenance, repairs, structural
<br /> alterations, insurance, ta}:es, or assessments necessary or
<br /> reqt�ired Co prever�t , conti'ol or avoid damage from the adver"�
<br /> im�»cts from soils movement �•�ithin or adjacent to Che Pro�erty;
<br /> {ncl
<br /> � , '� , :� , RP� PAFP ��nd ��ai-ve any riaht to assert an�- claim or
<br /> �n:;e of action ielated to any loss oi damage to people oi
<br /> P� "f��ity either on or off the Property resulting from soil:
<br /> mov�ment by reason of or arising ou� of issuance of the Permit (:; !
<br /> Uy t-.he City for development on the Property and agrees to
<br /> indemnify (.i.ncluding reasonable attorney' s fees) and hold the
<br /> City, iCs otficers, employees and agents harmless from any
<br /> claim (s) or cause (s) of acLion related to any lcss or damage to
<br /> people or property either on or off the Prepert�� resulting from
<br /> soils movement by reason of or arising out of issuance of the
<br /> P�rmit (s) for development on the Property; Provided, not'hinq
<br /> h�_�i.ein shall require the SuUsequent O�,mer (s) and his/her (Cheiri
<br /> heirls) , successoc (s) , legal representative (s) and assign (s) to
<br /> indemnify and hold harmless the City, its officers, agents and
<br /> emp] oyees from claims or causes of action caused solcly by the
<br /> negligence of the City, its officer, employees and agents, and
<br /> provided further, that if the claims or causes of action are
<br /> c,�used by or result from Che concurrent negligence of ( 1) the
<br /> C�;:ner (s) , his/her (their) heir�, successors, assigns, and agents,
<br /> cind (?.) the City, its officer, agents and emrloyees, the
<br /> indemnity provisions provided herein shall be valid and
<br /> ��nf�rc��ai��le only to the estent ptovided by la�a.
<br /> 9
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