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subsequent Owner of the Project or Project Site or any portion thereof,as the case may be) <br /> only during the period that the Developer (or assignee of the Developer or subsequent <br /> Owner of the Project or Project Site or any portion thereof, as the case may be) owns a <br /> direct or indirect interest in the Project or Project Site or any portion thereof. <br /> 6.4 Duration of Covenants. <br /> It is intended and agreed that the covenants provided in Sections 6.1 and 6.3 of this <br /> Agreement shall remain in effect until December 31,2030 and that the covenants provided <br /> in Sections 6.2 hereof shall remain effective without any time limitation;provided,that all <br /> such covenants shall be binding on the Developer only for such period as the Developer <br /> maintains a direct interest in the Project Site or the Project or part thereof(excluding, for <br /> example, an interest therein solely as a creditor or mortgagee), and only with respect to <br /> such direct interest in the Project Site or the Project or part thereof. <br /> 6.5 Covenants Running with the Land. <br /> Subject to Section 6.4,it is intended and agreed that the covenants set forth in Sections 6.1, <br /> 6.2 and 6.3 above shall be covenants running with the land and Sections 6.1 and 6.3 shall <br /> in any event be binding to the fullest extent permitted by law and equity, for the benefit <br /> and in favor of and enforceable by the City,and with regard to Section 6.2 hereof,the City, <br /> the State of Illinois and the United States of America. Provided,however,this Agreement <br /> is not intended to create any obligations for a bona fide purchaser of a condominium unit <br /> beyond the ownership of that unit. <br /> 6.6 Covenants Binding for the Benefit of City. <br /> Subject to Section 6.5,it is also intended and agreed that the foregoing covenants set forth <br /> in Sections 6.1, 6.2 and 6.3 above shall in any event, and without regard to technical <br /> classification or designation as legal or otherwise,be,to the fullest extent permitted by law <br /> and equity, binding for the benefit of the City and enforceable by the City, the State of <br /> Illinois and the United States of America as provided in Sections 6.4 and 6.5. <br /> 6.7 Forms of Covenants and Restrictions. <br /> Certain of the covenants, uses and restrictions referred to in this Article VI shall <br /> substantially be in the form of the Declaration of Covenants,Uses and Restrictions attached <br /> hereto and made a part hereof as Exhibit 3 which shall be executed and recorded with the <br /> Macon County Recorder of Deeds on or before the date that the Developer commences <br /> construction of the Project or any phase thereof. <br /> ARTICLE VII: INDEMNIFICATION <br /> 7.1 Developer Indemnification of the City. <br /> So long as the Developer maintains a direct interest in the Project or Project Site or any <br /> part thereof(excluding,for example,an interest therein solely as a creditor or mortgagee) <br /> and notwithstanding anything to the contrary in this Agreement, the Developer agrees to <br /> indemnify, defend and save the City, its officers, employees, Council members, Mayor, <br /> agents and representatives and each of their successors and assigns harmless from and <br /> against any and all claims, liabilities, demands, suits, administrative proceedings, causes <br /> of action, costs, damages, personal injuries and property damages, losses, attorneys fees <br /> and costs of litigation and other expenses, both known and unknown,present and future, <br /> at law or in equity by or on behalf of any person, firm or corporation arising from (i)the <br /> Developer's operation or management of the Project, or from any work or thing done by <br />