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1.9 Landscaping. The City agrees that the landscaping to be performed by the City <br /> for the Transfer Lots shall be consistent with the City Parks and Recreation Department <br /> landscaping standards and SEPA MDNS #99-037. <br /> 1.10 Indemnification. <br /> (a) Indemnification by CSR-Associated. CSR-Associated shall be <br /> responsible to City for, and shall defend, indemnify, and hold City harmless from and against <br /> loss, damage, liability, cost or expense (including, without limitation, reasonable attorneys' fees, <br /> legal expenses and consultant's fees), that shall be suffered by City, resulting from or relating to: <br /> (1) claims or demands made by third parties against City with regard to the ownership, <br /> management, or use of each Transfer Lot prior to and including the applicable Transfer Date, <br /> including without limitation any claims and liabilities for personal injury or property damage, or <br /> any other liability, obligation or commitment of CSR-Associated (whether known or unknown, <br /> fixed or contingent, due or to become due) not expressly assumed by City under this Agreement; <br /> or <br /> (2) any breach of any of the covenants, representations or warranties of CSR-Associated <br /> contained in this Agreement (including, without limitation, any schedule, certificate, exhibit or <br /> other instrument delivered or to be delivered by CSR-Associated pursuant to this Agreement). <br /> S:\GDoughty\W IN WORD\CSR\AgreementFinal.doc 16 <br /> Seattle/2.8.00 <br />