R2009-228 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT

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8.4 Duration of Covenants. It is intetided and agreed that tl�e covenants provided in Sections 8.1 and 8.3 of tl�is Agreement shall remain in effect until the earlier of (i) termination of the Redevelopment Plan,a•(ii)Decembee 3 i,2033 and that the covenauts provided in Section 8.2 hereof shall remain effective without any tiine limitation; provided, that all such covenants shall be binditi� on the Redeveloper only for such period as the Redeveloper maintains a direct interest in the Pibject Site or the Project or pact thereof (excluding, for example, an intecest therein solely as a creditor or mortgagee), fznd only with respect to such direct interest in the Project Sife oc the Project or part thereof. S.5 Covenants Running witL tLe Land. SubjecY to Section 8.4, it is intended and agceed that the covena��ts set fo��tl� in Sections 5.1,8.2,and 83 above shall be covenants c•unni�ig with the land and Sections 8.1 and 8.3 shall in ai�y event be binding to the fullest extent permitted by law and equity, for the benefit aud in favor of and enforceable by the City, and with regard to Section 8.2 hereof,the CiTy,the State of Illinois and the United States of America. 8.G Covenants Binding for tlie Benefit of City. Subject to Section 8.4, it is also intended and agreed tliat the foregoing covenants set forth in Sections 8.1, 8.2 and $.3 above shall in any event, and witl�out regard to technical classification or desi�nation as legal or otherwise, be,to the fullesC extent permitted by Iaw and equity, bindin�for tf�e benefit of the City and enfo��ceable by tlie City, the State of Illinois and tlie United States of Aiuecica as provided in Sections 8.4 and 8.5. 8.7 Forms of Covenants and Restrictions. Certain of the covenants, uses and restrietions refarred to in this Ai�ticle VIII shall substantially be in the form of the Declaration of Covenants, Uses and Restrictions altached hereto and made a pait hereof as E�ibit 4, which shall be executed and recorded with the Macon County Recorder of Deeds on or before the date that the Redeveloper commences construction of the Project or any phase thereof. ARTICLE IX: INDEMNIFICATION 9.1 Redeveloper L�demnification of the City. So long as the Redeveloper maintains a direct interest in tl�e Project or Project Site or any part thereof(excluding,foc example,an I interest therein solely as a creditor or mortgagee), the Redeveloper agrees to indemnify '� and save the City and its officers and employees harmless against all claims by or on � behalf of any peison, firm or coipocation ai•ising fi•om (i) the Redeveloper's operation or management of tl�e Pcoject, or fi•om any work or tliing done by the Redeveloper on the Project Site, or any work or activity of tlie Redevelo�er connected to the construction of the Project; (ii) any breach or default on the part of tlie Redeveloper in the performance of any of its obligations under or in respect of tliis Agreement; (iii}any act of negligence or willful or wanton misconduct of the Redeveloper or any of its agents, cotit�•actors, servants or employees; (iv} any violation by the Redeveloper of any easements, conditions, i�estrictions, buiIding regulations, zoning ordinances, e�ivironmental regulations or land use regulations affecting the Project Site or the Project; (v) any violation of Applicable Law or (vi) any violatiou by t}te Redeveloper of state or federal securities law in connection with the offer aud sale of inter•ests in tlie Redeveloper, its affiliates or any pacrt of the Project. The Redeveloper agrees to indemnify and save the City harmless fi•om and against all costs and expenses incurred in or in connection with any such elaim arising as aforesaid or in co»nection with any aetion or proceeding City of Decatui/Pines Shoppiug Center Redevelopmeut Agreement 10