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Provided, however, this Agreement is not intended to create any obligations for a bona
<br /> fide purchaser of a condominium unit beyond the ownership of that unit.
<br /> 7.6 Covenants Binding for the Benefit of City. Subject to Section 7.5, it is also intended
<br /> and agreed that the foregoing covenants set forth in Sections 7.1, 7.2 and 7.3 above shall
<br /> in any event, and without regard to technical classification or deognation as legal or
<br /> otherwise,be,to the fullest extent permitted by law and equity,binding for the benefit of
<br /> the City and enforceable by the City, the State of Illinois and the United States of
<br /> America as provided in Sections 7.4 and 7.5.
<br /> 7.7 Forms of Covenants and Restrictions. Certain of the covenants, uses and restrictions
<br /> referred to in this Article IIX shall substantially be in the form of the Declaration of
<br /> Covenants, Uses and Restrictions attached hereto and made a part hereof as Exhibit 3
<br /> which shall be executed and recorded with the Macon County Rec� er of Deeds on or
<br /> before the date that the Redeveloper commences construction of the Project or any phase
<br /> thereof.
<br /> ARTICLE IIX: INDEMNIFICATION
<br /> 8.1 Redeveloper Indemnification of the City. So long as the Redeveloper maintains a
<br /> direct interest in the Project or Project Site or any part thereof(excluding,for example,an
<br /> interest therein solely as a creditor or mortgagee) and notwithstanding anything to the
<br /> contrary in this Agreement, the Redeveloper agrees to indemnify, defend and save the
<br /> City, its officers, employees, Council members, Mayor, agents and I representatives and
<br /> each of their successors and assigns harmless from and against any and all claims,
<br /> liabilities, demands, suits, administrative proceedings, causes of action, costs, damages,
<br /> personal injuries and property damages, losses, attorneys fees and casts of litigation and
<br /> other expenses,both known and unknown,present and future,at law or in equity by or on
<br /> behalf of any person, firm or corporation arising from (i) the Redeveloper's operation or
<br /> management of the Project, or from any work or thing done by the kedeveloper on the
<br /> Project Site, or any work or activity of the Redeveloper connected to the construction of
<br /> the Project; (ii) any breach or default on the part of the Redeveloper in the performance
<br /> of any of its obligations, terms, conditions, representations or warranties under or in
<br /> respect of this Agreement; (iii) any act of negligence or willful or wanton misconduct of
<br /> the Redeveloper or any of its agents, contractors, servants or employees; (iv) any
<br /> violation by the Redeveloper of any easements, conditions, reptrictions, building
<br /> regulations, zoning ordinances, environmental regulations or la#d use regulations
<br /> affecting the Project Site or the Project; (v) any violation of Applicable Law or (vi) any
<br /> violation by the Redeveloper of state or federal securities law in conn ction with the offer
<br /> and sale of interests in the Redeveloper, its affiliates or any part or the Project. The
<br /> Redeveloper agrees to indemnify and save the City harmless from and against all costs
<br /> and expenses incurred in or in connection with any such claim arising as aforesaid or in
<br /> connection with any action or proceeding brought thereon. In case any such claim shall
<br /> be made or action brought based upon any such claim in respect of which indemnity may
<br /> be sought against the Redeveloper,upon receipt of notice in writing fVom the City setting
<br /> forth the particulars of such claim or action, the Redeveloper shall 4ssume the defense
<br /> thereof including the employment of counsel and the payment of all costs and expenses.
<br /> The City shall have the right to employ separate counsel in any such action and to
<br /> participate in the defense thereof, but the fees and expenses of such counsel shall be at
<br /> the expense of the City. It is agreed and understood that the aforesaid indemnities in this
<br /> DRAFT-City of Decatur/Harrison Management Group LLC Redevelopment Agreement 12
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