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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 4 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 Development Area
<br /> or any part thereof (excluding, for example, an interest therein solely as a creditor or
<br /> mortgagee)and notwithstanding anything to the contrary in this Agreement,the Developer
<br /> agrees to indemnify, defend and save the City, its officers, employees, Council members,
<br /> Mayor, agents and representatives and each of their successors and assigns harmless from
<br /> and against any and all claims, liabilities, demands, suits, administrative proceedings,
<br /> causes of action,costs,damages,personal injuries and property damages, losses, attorneys
<br /> fees and costs of litigation and other expenses, both known and unknown, present and
<br /> future, at law or in equity by or on behalf of any person, firm or corporation arising from
<br /> (i)the Developer's operation or management of the Project,or from any work or thing done
<br /> by the Developer on the Development Area, or any work or activity of the Developer
<br /> connected to the construction of the Project; (ii) any breach or default on the part of the
<br /> Developer in the performance of any of its obligations, terms, conditions, representations
<br /> or warranties under or in respect of this Agreement; (iii) any act of negligence or willful
<br /> or wanton misconduct of the Developer or any of its agents, contractors, servants or
<br /> employees; (iv)any violation by the Developer of any easements, conditions, restrictions,
<br /> building regulations,zoning ordinances,environmental regulations or land use regulations
<br /> affecting the Development Area or the Project;(v)any violation of Applicable Law or(vi)
<br /> any violation by the Developer of state or federal securities law in connection with the offer
<br /> and sale of interests in the Developer,its affiliates or any part of the Project. The Developer
<br />
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