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� . • Hook : 3941 Rage : 15� <br /> 5. Owner shall maintain the exterior design and facade of the building for <br /> a period of ten (10) years, in the aesthetic character achieved upon completion of <br /> the work described herein, as approved by City, maintaining the same at Owner's <br /> expense in a state of good repair. Owner shall cooperate with City fully, allowing <br /> such inspections as City shall deem reasonable and necessary, including but not <br /> limited to complete inspections at the commencement of the fifth and tenth years <br /> of this agreement. Material breach of Owner's obligation to cooperate with City <br /> inspections and/or maintain the exterior of the building in good repair, shall <br /> constitute default under this Agreement. <br /> 6. The term "exterior design and facade" shall mean all outside <br /> architectural and construction features visible from any point on the street, <br /> including, but not limited to, structural and facing materials, signs, windows, <br /> doors, trims, sills, steps, railings, cornices, molding, paint colors and other <br /> decorative features. <br /> 7. Except for any claims, suits or actions caused by the intentional or <br /> negligent acts of City, Owner and any person claiming rights hereunder through <br /> Owner, agrees to indemnify and defend (including payment of City's attorney's <br /> fees and costs) City against any claims, suits, or actions for death or injury to <br /> persons or damage to property or breach of contract or any other claim or <br /> demand brought against City arising from any alleged claims, acts omissions in <br /> connection with this exterior design and fa�ade renovation, whether or not suit is <br /> filed. Owner shall obtain, at his/her expense, and shall provide City proof of "all <br /> risks" property insurance coverage on said building, naming City as an additional <br /> insured. � <br /> 8. The covenants and conditions set forth in this agreement are <br /> covenants running with the land. As such, it is the parties' intention that the <br /> same inure to the benefit of City, its successors and assigns, and be and remain <br /> binding upon the heirs, personal representatives, successors, grantees and <br /> assigns of Owner, for the period described in this Agreement. <br /> 9. City's obligations hereunder shall cease if Owner fails to demonstrate <br /> to City that Owner has an enforceable written agreement with a capable and <br /> 4 Updated 9/2008 <br />